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 Marshall Criminal Defense, 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, Marshall Criminal Defense, 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.
Additional Frequently Asked Questions in NJ Invasion of Privacy Cases
Invasion of Privacy
Is Nudity Required To Prove Invasion of Privacy?
For invasion of privacy to exist, the law does not require proof that the victim actually either exposed intimate parts, engaged in sexual penetration, or engaged in sexual contact during observation of the victim. The State must only prove beyond a reasonable doubt that the defendant made observations under circumstances in which a reasonable person would know that such conduct by the victim might occur.
One element the State must prove beyond a reasonable doubt is that you observed the victim under circumstances in which a reasonable person would not expect to be observed. In considering this question, the issue is not what the victim actually expected, but rather what a reasonable person under the circumstances would have expected.
Can You Be Convicted of Invasion of Privacy If You Gave Prior Notice & Had a Lawful Purpose?
It is an affirmative defense under New Jersey law if you deny guilt based on the assertion that you posted or otherwise provided prior notice to the person of your intent to engage in the conduct and you did so with a lawful purpose. It is the State’s burden to prove beyond a reasonable doubt that you did not post or otherwise provide notice to the person of your intent to engage in the conduct, or that you did so with an unlawful purpose.
Is Consent a Defense to Invasion of Privacy?
Yes. Another element that the State must prove beyond a reasonable doubt is that you observed the victim without the victim’s consent. Consent is a person’s voluntary and serious agreement or submission. However, consent must be given freely and in such a way that it is legally effective.
In New Jersey, consent can never be legally effective as a defense to a criminal charge if:
- the victim was not legally competent to authorize the conduct constituting the offense; or
- the defendant knows that the victim was by reason of youth, mental disease or defect, or intoxication, unable to make a reasonable judgment as to the nature of harmfulness of the conduct constituting the offense; or
- consent was induced by force, duress, or deception of a kind that the law defining the offense seeks to prevent.
In determining whether consent was freely and voluntarily given, consent may be openly expressed, implied, or apparent from the victim’s willing participation in the subject activity. A jury may consider all that was said and done at a specific time and place, all of the surrounding circumstances, and whether a normal competent person would freely and seriously consent to the conduct that is the subject of the criminal charge.
