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Purposely discloses or endeavors to disclose to any other person the contents of any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know that the information was obtained through the interception of wire, electronic or oral communication; or c. New Jersey’s wiretap act was modeled after the federal wiretapping statute.
Purposely uses or endeavors to use the contents or any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know, that the information was obtained through the interception of wire, electronic or oral communication; shall be guilty of a crime of the third degree . Both New Jersey and federal cases have unanimously held that the wiretapping statutes were not intended to apply to a recorded silent video surveillance or the video portion of a videotape that includes a sound component.
A person not acting under color of law to intercept a wire, electronic or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception, unless such communication is intercepted or used for the purpose of committing any criminal or tortious act in violation of the Constitution or the laws of the United States or of this State or for the purpose of committing any other injurious act . Twelve states require the consent of all parties to a conversation to record it.
provides, in relevant part, that: Except as otherwise specifically provided in this act, any person who: a.
Purposely intercepts, endeavors to intercept, or procures any person to intercept or endeavor to intercept any wire, electronic or oral communication; or b.
Those jurisdictions include: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.
Thus, if the person being recorded did not consent, the recording would violate the laws of those twelve states.
A majority of the states (38 states and the District of Columbia) – including New Jersey – have adopted wiretapping statutes based on the federal law.
These laws are referred to as “one-party consent” statutes.