Everywhere we go and in everything, we do in today's society, we like to document it with photos, don't we?

For the most part that isn't a problem, but there are times and places when taking a photo can actually constitute breaking the law in New Jersey

Seven Places You Can't Photos in New Jersey

1- A Voting Location:

Technically, the things you can't take a photo of in a polling place are the act of voting or a photo of a completed ballot.

However, the NJ Secretary of State’s office, which oversees elections, views taking any photographs in a polling place as disruptive and many voters object to having their pictures taken in the polls.

A Secretary of State spokesperson is quoted in NorthJersey.com saying...

“Without being heavy-handed, if someone is seen taking a selfie in the polling place, the district board workers are instructed to politely tell the voter that the taking of photographs is not permitted."


2- Railroad Tracks:

Let's face it, railroad tracks aren't really a good place for anything except railroad cars, but there is more to this than just the obvious danger. Railroad tracks are on private property, so you are trespassing.

Even out-of-service train tracks are still owned by various railroad companies, and New Jersey law prohibits people from trespassing on that property.

According to NJ law:

It is unlawful in New Jersey for anyone to walk upon the tracks of any railroad. Any person so doing will be deemed to have contributed  to any injury sustained and may not recover damages. N.J. Rev.Stat.§48:12-152(1999).


3- From a Drone, Without Permission or Consent:

New Jersey film and photo regulations stipulate...

"Drone operators must obtain permission from the controlling entities in the areas where drone photography will be taking place: local municipalities, parks departments, the Department of Transportation, etc. In some cases, the State Police must be formally notified.


4- Anytime it is Considered an Intimate or Lewd Photo in Public:

The NJ. Law Offices of John J. Zerych writes...

Attempts to take photos of someone in an intimate or revealing situation might be illegal even if you are both in a public place.  People are often quick to snap a photo of “wardrobe malfunctions,” and people sometimes use invasive techniques to take “upskirt” photos and other similar pictures and videos.


These are also generally illegal under § 2C:14-9’s “invasion of privacy” laws.  There is no exception under this statute for the fact that the photos were taken in a public place and the statute was in fact designed to make “upskirt” photos illegal even if they were taken in public places.


5- Any Place It's considered an Invasion of Privacy

If the person in the photo is in a private place like a bathroom or a changing room, taking their photo without their consent is likely illegal and really creepy.

6- Any Place That Violates the Peeping Tom Laws:

Here is another illegal and creepy time to try taking photos. Again, here's our friends at the John J. Zerych law firm opinion...

If the subject of the photograph is in a home or other overnight dwelling place (e.g., a hotel room), then you are not allowed to “peer” through their windows under N.J.S.A. § 2C:18-3(c).


This is colloquially known as NJ’s “peeping Tom” law and would also bar taking photographs through their window.  Photographing or taking video through the window of someone engaged in intimate situations might be a violation of both § 2C:18-3’s “peeping Tom” provision as well as the “invasion of privacy” provisions of § 2C:14-9.


7- Anyplace that Has a Policy Banning Photography:

Taking photos without permission is only allowed in public places, such as outdoors.  Some “public places” are on private property, such as restaurants, casinos, and hotels, and they might have rules barring photography (especially in places like movie theaters).  Some “public places,” like courthouses, might also have restrictions on photography.

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