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Bill

A 4213

Revises civil remedies for victims of invasion of privacy due to unauthorized recording or disclosure of sexual or intimate images.

2026-2027 Regular Session Introduced by Carol Murphy and 1 co-sponsor

Expands civil remedies for victims of unauthorized recording or disclosure of intimate images, including higher damages, confidentiality in filing, and broader safeguards.

Introduced, Referred to Assembly Judiciary Committee
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WeVote Research Nonpartisan
Bill Summary · A 4213

Overview

  • Bill: Assembly No. 4213 (A4213)
  • Session/Jurisdiction: 222nd Legislature, New Jersey
  • Sponsor: Assemblywoman Carol A. Murphy (District 7)

  • Topic: Revises civil remedies for victims of invasion of privacy due to unauthorized recording or disclosure of sexual or intimate images (unlawful recording/disclosure under N.J.S. 2C:14-9).

  • Status: Introduced February 19, 2026; referred to Assembly Judiciary Committee.

  • Effective date: Immediate upon enactment; applies to civil actions filed on or after that date.

Main purpose and intent

  • To expand and clarify civil remedies for individuals whose sexual or intimate images are recorded or disclosed without consent, or where disclosure is threatened.
  • To provide stronger, more explicit monetary and equitable remedies in civil court, while ensuring privacy protections during the litigation process.

Key provisions and changes

  1. Definitions and consent clarifications

    • Confirms that consent to being photographed or having an image recorded does not by itself establish consent to subsequent disclosure of the image.
    • Defines “consent,” “disclose,” and “intimate parts” for purposes of the section.

  2. Civil action venue and privacy protections in filing

    • Civil actions may be filed in the Law Division of the Superior Court as confidential matters.
    • Plaintiffs may file using a fictitious name or initials and need not disclose their address.
    • Court may impose additional restrictions on identifying information as necessary to protect privacy.

  3. Damages and remedies

    • Allows the court to award the greater of:
      • Actual economic and noneconomic damages proximately caused by the violation or threatened violation (including emotional distress), or
      • Liquidated damages not exceeding $10,000 per violation or threatened violation (up from current $1,000 cap), with factors to determine the amount (age of actor, frequency, breadth of disclosure, and other relevant factors).
    • Permits an award of the opposing party’s financial gain from the disclosure.
    • Permits punitive damages for willful or reckless disregard.
    • Allows reasonable attorney’s fees and other litigation costs.
    • Grants such other preliminary and equitable relief as the court deems appropriate.

  4. Exceptions and limitations to liability

    • No liability if the disclosure/threatened disclosure of an image is:
      • Made in good faith to law enforcement, in a legal proceeding, or for medical education or treatment.
      • Made in good faith in reporting or investigating unlawful or unsolicited conduct.
      • Related to a matter of public concern or public interest.
      • Reasonably intended to assist the person.
    • For a child’s image, a parent/guardian or consistent caretaker is not liable if disclosure is not prohibited by law and not for sexual arousal, gratification, humiliation, degradation, or financial gain. The bill defines “consistent caretaker” and “parent” with specific criteria.

  5. Public policy and federal alignment

    • The bill notes it does not alter or create liability inconsistent with Section 230 of the Communications Act (47 U.S.C. § 230), which provides immunity for hosting third-party content. State civil actions must be consistent with this federal provision.

Who would be affected

  • Individuals whose sexual or intimate images are recorded or disclosed without consent, or whose images are threatened to be disclosed.
  • Defendants potentially facing civil liability for recording or disclosing such images.
  • Courts in New Jersey, particularly the Law Division of the Superior Court, which would handle confidential civil actions.
  • Parents/guardians and consistent caretakers in cases involving minors, subject to defined protections.
  • Online platforms and providers of interactive computer services, to the extent state action interacts with federal Communications Act considerations.

Procedural and timeline aspects

  • Filing mechanics: Civil actions filed as confidential matters; plaintiffs may use fictitious names/initials and omit addresses.
  • Damages timeline: Damages determined in civil proceedings; liquidated damages capped at up to $10,000 per violation or threatened violation, with factors guiding the amount.
  • Effective date: Immediate; applies to actions filed on or after enactment.
  • Relationship to criminal case: A civil action under this bill does not require a criminal conviction for Section 1 of the related statute as a prerequisite.

Practical implications

  • Strengthens civil remedies for victims, providing higher potential liquidated damages and broader authority for emotional distress, disgorgement of gains, and attorney’s fees.
  • Enhances privacy protections in civil litigation through confidential filing and restricted disclosure of personal information.
  • Attempts to balance victim remedies with safeguards to avoid chilling effects or abuse of the process by clarifying consent and limiting liability in specific, narrowly defined circumstances.
  • Aligns state law with, and avoids conflict with, federal Section 230 protections for online platforms.

If you’d like, I can provide a side-by-side comparison with the current law (P.L.2003, c.206) and highlight the exact statutory changes line-by-line.

Compiled from official sources — confirm details with the bill’s official record.

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