Following last week's arrest of a 52-year-old Watchung man who allegedly videotaped children in the bathroom at the Land of Make Believe amusement park in Hope Township, Sen. Kevin O'Toole (R-Bergen, Essex, Morris, Passaic) is proposing new legislation that would make the recording of minors a third-degree crime, according to a statement from the Senate Republicans.

According to the statement:

After Patrick T. Deck was arrested Sunday, Aug. 12, O’Toole urged Senate Judiciary Chairman Nicholas Scutari to immediately post his protection measure (S713) for a vote.

“Under no circumstances should any child be unknowingly videotaped, photographed or otherwise recorded without parental consent,” O’Toole said. “This legislation reflects our paramount responsibility as legislators to ensure the safest possible atmosphere for children and provides authorities with greater resources and prosecution power to protect our children.”

The legislation would make it a third-degree crime to record a minor without parental consent under any circumstances.

Under the current invasion of privacy law, it is a third-degree crime to record minors’ private body parts or their engagement in an act of sexual penetration or contact. It is also a third-degree crime to distribute these recordings.

Senator O’Toole sent Senator Scutari a letter on Friday, Aug. 17 urging the immediate posting of the legislation, which he introduced last January.

“This alleged incident is a chilling account of possible dangers children face,” O’Toole said. “People who even attempt to endanger the welfare of children must know that such despicable acts will be met with criminal charges and serious jail time.”

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