Invasion of Privacy Attorneys in Passaic County NJ
The advent of the internet and technologies like mobile computers and smartphones has led to a proliferation of invasion of privacy charges. One of the more common varieties of this offense is referred to as the “upskirt shot”. This occurs when an individual directs his or her camera, recording device, or cell phone in a direction that allows something to be recorded that was supposed to be private. Perhaps it was an un-consented genital shot, a sexual encounter that wasn’t supposed to be recorded or some naked pictures intended to be private. Irrespective, it is illegal in accordance with N.J.S.A. 2C:14-9 to invade an individual’s privacy without their knowledge and consent. A violation of this law is a felony criminal offense, specifically, a third degree crime or fourth degree crime. If you have an invasion of privacy, stalking, harassment, endangering the welfare of a child, sexual assault or criminal sexual contact charge pending at the Superior Court in Paterson NJ, give us a call for a free consultation at 862-203-4070. We are available 24/7 and have extensive experience in towns like Totowa, Hawthrone, Haledon, Prospect Park, Woodland Park and Paterson.
What Constitutes a Violation of the NJ Invasion of Privacy Law?
There are three types of conduct under N.J.S.A. 2C:14-9 that will warrant prosecution. The State must prove one of the three (3) following scenarios beyond a reasonable doubt to convict an individual under N.J.S.A. 2C:14-9:
- If, knowing that he (the defendant) 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, the defendant observes another person (the victim) without that person’s consent and under circumstances in which a reasonable person would not expect to be observed;
- If, knowing that he (the defendant) is not licensed or privileged to do so, the defendant photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of another person (the victim) 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;
- If, knowing that he (the defendant) is not licensed or privileged to do so, the defendant discloses any photograph, film, videotape, recording or any other reproduction of the image of another person (the victim) 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. “Disclose” means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer.
Additionally, it is a violation of the first and second types of conduct if the defendant observes another person in a private dressing stall of a fitting room or dressing room operated by a retail establishment or photographs, films, videotapes, records or otherwise reproduces the image of another person in a private dressing stall of a fitting room or dressing room.
What are the Penalties for Invasion of Privacy?
The first type of conduct is a crime of the fourth degree, while the second two types of conduct are crimes of the third degree. A crime of the fourth degree will carry up to eighteen (18) months in prison, as well as up to a $10,000 fine. A crime of the third degree will carry up to five (5) years in prison and up to a $15,000 fine. Moreover, if the third degree crime is a result of the third type of conduct (the conduct which involves disclosing material), then the defendant will be subject to a fine up to $30,000. Each of these offenses are indictable in Passaic County and carry a presumption of non-incarceration.
