Bill Text: NJ S409 | 2018-2019 | Regular Session | Introduced


Bill Title: Provides for invasion of privacy civil action by residential property owners and tenants due to actor's unwanted, improper, or harassing photographing, filming, or monitoring of persons on residential property.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-01-09 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S409 Detail]

Download: New_Jersey-2018-S409-Introduced.html

SENATE, No. 409

STATE OF NEW JERSEY

218th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION

 


 

Sponsored by:

Senator  JOSEPH PENNACCHIO

District 26 (Essex, Morris and Passaic)

 

 

 

 

SYNOPSIS

     Provides for invasion of privacy civil action by residential property owners and tenants due to actor's unwanted, improper, or harassing photographing, filming, or monitoring of persons on residential property.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  


An Act providing for a civil action for invasion of privacy by residential property owners and tenants, and supplementing Title 2A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  An actor shall be liable in an action filed by a residential property owner or tenant in Superior Court for an invasion of privacy concerning the loss of or interference in the use and enjoyment of residential property if the actor, without consent, photographs, films, videotapes, records, conducts video monitoring or surveilling, or otherwise reproduces in any manner the image of, the owner or tenant, or any related family member, guest, or invitee, while that person is on the residential property:

     (1) in a location that is out of public view and under circumstances in which a reasonable person would not expect to be observed; or

     (2) with the intent to harass, intimidate, threaten harm to, or cause a nuisance for, the owner or tenant.

     b.    The court may award:

     (1)   actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation of this section;

     (2)   punitive damages upon proof of willful or reckless disregard of the law;

     (3)   reasonable attorney's fees and other litigation costs reasonably incurred; and

     (4)   such other preliminary and equitable relief as the court determines to be appropriate.

     A conviction for any criminal act which may be associated with the invasion of privacy concerning the loss of or interference with the use and enjoyment of residential property shall not be a prerequisite for a civil action brought pursuant to this section.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would provide for a specific invasion of privacy cause of action for residential property owners and tenants.  Such an action would concern an owner's or tenant's loss of or interference in the use and enjoyment of their residential property, caused by an actor, without consent, photographing, filming, videotaping, recording, conducting video monitoring or surveilling, or otherwise reproducing in any manner the image of, the owner or tenant, or any related family member, guest, or invitee, while that person is on the residential property:

     (1) in a location that is out of public view and under circumstances in which a reasonable person would not expect to be observed; or

     (2) with the intent to harass, intimidate, threaten harm to, or cause a nuisance for, the owner or tenant.

     A cause of action could be filed by the owner or tenant in Superior Court.  Upon a finding of liability, the court could award: actual damages, but not less than liquidated damages computed at the rate of $1,000 for each violation of this section; punitive damages upon proof of willful or reckless disregard of the law; reasonable attorney's fees and other litigation costs reasonably incurred; and such other preliminary and equitable relief as the court determines to be appropriate.

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