New Jersey Intrusion Law

Intrusion law in New Jersey does not differ in any significant way from the law described in the General Elements of an Intrusion Claim section of this guide. See Hennessey v. Coastal Eagle Point Oil Co., 609 A.2d 11, 17 (N.J. 1992). As result, you should follow the general advice outlined in the section on Practical Tips for Avoiding Liability When Gathering Private Information.

Corporations, partnerships, and unincorporated associations have no right of privacy under New Jersey law and therefore cannot assert a claim for intrusion upon seclusion.

Other Potential Bases for Liability

If you are photographing or recording someone in New Jersey, you should be aware that New Jersey imposes criminal (N.J.S.A 2C:14-9) and civil (N.J.S.A. 2A:58D-1) liability for photographing or filming or disclosing any filming or photography of "another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, without that person's consent and under circumstances in which a reasonable person would not expect to be observed."


Subject Area: