New Jersey Pornography Laws

New Jersey permits adults to create and view pornography between consenting adults but criminalizes obscenity distribution to minors under N.J.S.A. 2C:34-2, public communication of obscenity under N.J.S.A. 2C:34-4, and all forms of child sexual abuse material under N.J.S.A. 2C:24-4, with felony penalties attached to each offense.

Is pornography legal in New Jersey?

Disseminating, publishing, or sharing an intimate or nude image of someone without their consent is a criminal offense in New Jersey, and a conviction can include jail time.

However, New Jersey has no law prohibiting the creation of adult pornography between consenting adults. What can be a crime is the creation, distribution, viewing, and possession of child pornography. Other categories of pornography that can lead to legal trouble include obscene material and voyeuristic recordings.

Quick take: What elements of pornography are illegal in New Jersey?

• Watching porn in public may lead to "public communication of obscenity" or indecent exposure charges.

• Victims of nonconsensual image sharing can also request removal directly from the website or platform where the images were posted.

• Revenge porn is a felony in New Jersey.

• Legal experts recommend that anyone accused remain silent until they consult an attorney.

• New Jersey residents have a legal duty under N.J.S.A. 9:6-8.10 to report suspected child pornography or exploitation.

What is illegal to view or download in New Jersey?

State and federal laws prohibit the creation, promotion, and possession of:

• Child pornography. Any content, including manipulated images or videos that depict or describe minors engaging in sexual conduct constitutes child pornography. The accused qualifies for federal prosecution if he transports, transmits, solicits, or distributes child porn across state or federal borders. Aggravating circumstances that escalate the penalty include the transportation of minors to engage in sexual conduct or contact, the use of violence, and the age of the accused and the minor.

• Obscenity. Obscene content goes against community standards, appeals to prurient interest, and lacks educational, legislative, scientific, or religious value.

• Revenge porn. Exposing someone else's intimate or nude images without consent may lead to criminal and civil prosecution.

• Voyeurism/invasion of privacy. Peeping or installing a recording device in areas where a reasonable expectation of privacy exists may lead to a lawsuit and criminal prosecution.

Is it illegal to watch porn in public in New Jersey?

New Jersey is one of the states that has outlawed the viewing or display of pornography in public. Section 2C:34-4 "public communication of obscenity” states that, quote:

*“*A person who knowingly publicly communicates obscene material, as defined in section 2C:34-3 or causes or permits it to be publicly communicated on property he owns or leases or operates is guilty of a crime of the fourth degree.”

Under the statute, “publicly communicate” means to:

“Means to display, post, exhibit, give away or vocalize material in such a way that its character and content may be readily and distinctly perceived by the public by normal unaided vision or hearing when viewing or hearing it in, on, or from a public street, road, thoroughfare, recreation or shopping center or area, public transportation facility or vehicle used for public transportation.”

Consequently, viewing pornography in your home, vehicle, or other location in a way that third parties can view or hear the content unaided may lead to criminal charges.

Viewing porn in public in New Jersey may also lead to charges, including:

Indecent exposure

NJSA 2C:14-4 “lewdness” states that one is guilty of indecent exposure/lewdness, if he “does any flagrantly lewd and offensive act which he knows or reasonably expects is likely to be observed by other nonconsenting persons who would be affronted or alarmed.”

“Flagrantly lewd and offensive” acts listed under the statute include:

• The exposure of one's genitalia to gratify sexual desire.

• Exposing oneself to a child under 13 when the actor is at least four years older, which raises the offense from a disorderly persons offense to a crime of the fourth degree.

Ordinary lewdness under N.J.S.A. 2C:14-4 is a disorderly persons offense, punishable by up to 6 months in county jail and a fine of up to $1,000. It becomes a fourth-degree crime, carrying up to 18 months in prison, only when the person exposed is a child under 13 (with the actor at least four years older) or a person who cannot understand the sexual nature of the conduct because of a mental disease or defect.

New Jersey requirements for sexually oriented business

Under state law, creating and distributing adult pornography is legal, but there are requirements all business owners in the state should be aware of. Under N.J.S.A. 2C:34-7, if you operate a sexually oriented business, you must:

• Make sure the business is not located within 1,000 feet of an existing sexually oriented business, a school, a school bus stop, a church, synagogue, or other place of worship, a hospital, a child care center, a public playground, or an area zoned for residential use. This requirement applies to new businesses.

• Surround the business with a perimeter buffer of at least 50 feet, using a fence, physical divider, plantings, or similar barrier that blocks the view of the interior from outside.

• Limit exterior signage to two signs, one identifying the business and one warning that the premises are off-limits to minors. The identification sign cannot exceed 40 square feet.

Is child pornography a crime in New Jersey?

Child pornography in all its forms is a crime on both the federal and state level.

New Jersey statutes section 2C:24-4, prohibits:

• Creation or production of child pornography. You are guilty if you photograph, participate, or in any way cause a child to create pornography. Related charges include soliciting a minor for sexual conduct, and sex trafficking, if the accused causes a child to travel.

• Possession. You are guilty if you possess any image, video, or other media that depicts a child engaged in sexual conduct. That includes nude selfies created by a minor.

• Distribution. Refers to the intentional transmission, distribution, mailing, or transportation of child pornography. You may also face charges if you create or maintain a website or file-sharing program that deals in child pornography.

Note that parents, caregivers, or anyone who permits a minor under their care to create pornography may face child endangerment charges.

Upon conviction for any of the felonies above, the accused must register as a sex offender. Failure to register will lead to additional charges and an extended prison sentence.

Is lolicon/animated child porn illegal in New Jersey?

Fictional depictions, including lolicon, cartoons, and manga, are not automatically treated the same as photographic child pornography. In Ashcroft v. Free Speech Coalition (2002), the U.S. Supreme Court struck down a federal ban on virtual child pornography that did not depict real children. Congress responded with 18 U.S.C. § 1466A, which criminalizes drawings, cartoons, and similar depictions of a minor engaged in sexually explicit conduct only when the material is legally obscene under the Miller test.

If an actual child was used to create or promote the material, or if the image is a computer-generated or AI deepfake built from a real child's likeness, the content is treated as child pornography and carries the penalties described above, including mandatory sex offender registration.

What qualifies as obscenity in New Jersey?

Section 2C:34-2 defines obscenity as, quote:

“Obscene material" means any description, narrative account, display, or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance, or film, which by means of posing, composition, format or animated sensual details: (a)Depicts or describes in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, or lewd exhibition of the genitals,(b)Lacks serious literary, artistic, political, or scientific value, when taken as a whole, and (c)Is a part of a work, which to the average person applying contemporary community standards, has a dominant theme taken as a whole, which appeals to the prurient interest.”

Under New Jersey's obscenity laws, it is unlawful to:

• Distribute or display obscene material to minors.

• Publicly communicate obscenity (see above).

• Sell or make available obscene content to minors.

Are Peeping Toms Breaking the Law in New Jersey?

Under state law, installing a camera at a location where a reasonable expectation of privacy exists is a crime. Consequently, pointing a camera directly at your neighbor's bedroom window, or installing one in a bathroom, bedroom, or other location with prurient interest may lead to criminal charges and a civil lawsuit.

Remember N.J.S.A. 2C:14-9. "Invasion of privacy" states that, quote:

“An actor commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, and under circumstances in which a reasonable person would know that another may expose intimate parts or may engage in sexual penetration or sexual contact, he observes another person without that person's consent and under circumstances in which a reasonable person would not expect to be observed.”

Does New Jersey have a revenge porn law?

Revenge porn in New Jersey constitutes an invasion of privacy.

Subsection (c) of N.J.S.A. 2C:14-9 states, in part:

“An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he discloses any photograph, film, videotape, recording, or any other reproduction of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, unless that person has consented to such disclosure.”

The statute defines "disclose" broadly to include selling, giving, publishing, distributing, or otherwise making an image available online or by any other means, whether or not for payment. New Jersey has also moved to address nonconsensual sexual deepfakes: disclosing an image that falsely but realistically depicts a real person's likeness in a sexual context, created with AI or other technology, is treated as a separate offense under an amendment to N.J.S.A. 2C:14-9, and a broader 2025 New Jersey law separately targets deceptive AI-generated audio and video more generally. See New Jersey deepfake laws for more on the state's synthetic media statute.

What to remember:

• It is an affirmative defense that the accused notified the victim of his intention to disseminate the images before creation (invasion of privacy laws do not apply to public and commercial settings).

• The maximum fine for revenge porn in New Jersey is $30,000.

What is the penalty for illegal pornography in New Jersey

• Public communication of obscenity/watching porn in public. Crime of the fourth degree/felony, punishable by up to 18 months in state prison and a maximum fine of $10,000, for a first offense.

• Indecent exposure/lewdness. A disorderly persons offense, punishable by up to 6 months in county jail and a fine of up to $1,000, for a typical first offense; a crime of the fourth degree, punishable by up to 18 months in prison, if the person exposed is a child under 13.

• Sexual penetration while knowingly infected. Under N.J.S.A. 2C:34-5, engaging in sexual penetration without informing your partner that you are infected with HIV is a crime of the third degree, punishable by 3 to 5 years in prison. The same conduct involving another venereal disease, such as gonorrhea or syphilis, is a crime of the fourth degree. Actual transmission of the disease is not required for a conviction, and the New Jersey Attorney General's Office issued guidance in 2021 limiting enforcement of this law against people living with HIV.

• Sexually oriented business violations. Operating an adult business that does not meet the location, buffer, or signage rules under N.J.S.A. 2C:34-7 is a crime of the fourth degree.

• Child pornography. The degree of the crime determines the penalty. The minimum penalty for possession of at least 25 images is a mandatory 5-year term (or one-third to one-half of the sentence imposed, whichever is greater), with parole ineligibility for a first offense, plus mandatory sex offender registration. Creation or permitting a child to create pornography is a first-degree offense, punishable by up to 20 years in prison and a $200,000 fine. It is worth noting that persons accused of child pornography do not qualify for record expungement, and they must register as sex offenders.

• Voyeurism/Revenge porn. Crime of the third degree/felony, punishable by up to 5 years in prison and a fine of up to $30,000. The victim may take civil action.

• Invasion of privacy. Crime of the fourth degree.

Common defenses for the crimes above include:

• Mistake of fact, all persons depicted are or were above 18 at the time (recommend keeping records of performer age).

• Entrapment. Law enforcement caused the accused to commit the crime.

• If the viewing was accidental, you may argue that you took a reasonable effort to report the content or activity to law enforcement or a person with authority over the minor involved.

We recommend consulting with a defense attorney immediately.

Related New Jersey legal topics

For more on related New Jersey laws, see:

• New Jersey sexting laws
• New Jersey recording laws
• New Jersey hit and run laws
• New Jersey child support laws
• New Jersey statute of limitations
• New Jersey whistleblower laws

Frequently Asked Questions