Our Certified Criminal Trial Attorneys & Former County Prosecutors Are Ready To Prepare An Effective Defense If You Have Been Charged With Invasion of Privacy In NJ?
New Jersey lawmakers have created a criminal offense that is triggered when someone secretly photographs, films or observes another person when they are nude or engaging in sex. The charge is referred to as invasion of privacy and is contained under N.J.S.A. 2C:14-9 of the New Jersey Criminal Code. An individual can be charged under this law with either a third-degree crime or fourth-degree crime depending on the circumstances under which the privacy of the victim has been invaded. The headings below outline some of the more common questions presented to our attorneys by individuals charged with invasion of privacy in New Jersey. If you have more in depth questions about a NJ invasion of privacy charge or would like to discuss representation with an attorney at the Law Offices of Jonathan F. Marshall, call 1-877-534-7338.
When Is Invasion Of Privacy A Fourth-Degree Crime in New Jersey?
There are two separate sections of the New Jersey Invasion of Privacy Law that result in a fourth-degree crime: (1) observing another person having sexual contact or penetration without their consent; and (2) photographing or filming the intimate parts of another person without their consent.
The term “intimate parts” is defined in N.J.S.A. 2C:14-1e as “sexual organs, genital area, anal area, inner thigh, groin, buttock or breast.”
How Does Invasion Of Privacy Result In A Third-Degree Crime?
When an individual secretly takes photographs, films, videotapes or otherwise replicates the exposed intimate parts of another or them engaging in sexual penetration or sexual contact, invasion of privacy is enhanced to a third-degree crime. It is also a third-degree crime to disclose a film or video that was secretly recorded without the victim’s consent.
The term “disclose” is defined in 2C:14-9c as “sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, offer, share, or make available via the Internet or by any other means, whether for pecuniary gain or not.”
Are There Defenses To A NJ Invasion Of Privacy Charge?
There are several affirmative defenses if your were arrested for invasion of privacy. An individual should not be prosecuted for this offense if: (1) they posted or otherwise provided notice that they would be filming, photographing or observing; (2) the conduct is at an access way, foyer or entrance to a fitting room or dressing room operated by a retail establishment; (3) the accused is a law enforcement officer, corrections officer or guard in a correctional facility or jail, who is engaged in the official performance of his duties.
What Are The Penalties In New Jersey If Someone Is Convicted For Invasion of Privacy?
An individual faces up to 5 years in prison for third-degree invasion of privacy and up to 18 months in prison for fourth-degree invasion of privacy. The standard fines for a third and fourth-degree crime are enhanced to $30,000 if an individual pleads or is found guilty of either grade of this charge.
Is Pretrial Intervention Available to Someone Charged With Invasion Of Privacy?
Yes. A first-time offender arrested for invasion of privacy can apply for Pretrial Intervention (“PTI”), a diversionary program that allows an applicant to avoid a record and penalties provided that they successfully complete a period of probation.
Invasion of Privacy Attorney in New Jersey
Something that was considered a prank has the potential to mushroom into something much more serious when it results in a charge for invasion of privacy. A defendant is exposed to a felony criminal record, thousands in fines and even the chance of a long prison term when this occurs. Representation by a skilled attorney is vital when someone is charged under these circumstances since an accomplished advocate is going to persuasively and competently protect your interests. The lawyers at our firm, the Law Offices of Jonathan F. Marshall, have the attributes that you need to escape a conviction for invasion of privacy. Contact our office anytime 24/7 to speak to an attorney on our team now.