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New Jersey Invasion Of Privacy Lawyers

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Invasion of Privacy in New Jersey

Even in a culture where people share much of their lives online, everyone still has the right to privacy, especially in intimate moments. That’s why it’s a crime in New Jersey to photograph or film another person’s intimate parts or their participation in an intimate act. Distributing such images is also considered an invasion of privacy.

If you’re in this situation, the New Jersey invasion of privacy lawyers of Aiello, Harris, Abate Law Group PC can help you mount a defense.

What Is an Invasion of Privacy in New Jersey?

Statute N.J.S.A. 2C:14-9 defines invasion of privacy as observing, filming, or distributing images of someone’s intimate parts or activity without their knowledge. Other privacy-related crimes, like electronic privacy and wiretap violations, fall under separate laws.

New Jersey sex crime laws state that when an individual who does not have a specific license or privilege to do so observes another person engaged in intimate activities or exposing their intimate parts without their knowledge or consent, they commit a fourth-degree invasion of privacy. The crime occurs when the victim has a reasonable expectation of privacy — at home, for example.

The offense increases to the third degree if the perpetrator photographs, films, videotapes, records, or otherwise reproduces in any manner images of another person’s exposed intimate parts or sexual activity without their knowledge. Again, the acts must occur when any reasonable person can expect privacy.

Selling or sharing such images also counts as a third-degree offense. Disclosure includes offering, lending, publishing, or exhibiting the images. Under state law, fines for third-degree offenses can reach up to $30,000 (N.J.S.A. 2C:43-3).

Non-Criminal Invasions of Privacy

Our New Jersey invasion of privacy lawyers also handle non-criminal cases. These civil claims don’t carry criminal penalties. They might include opening someone’s mail, disclosing potentially embarrassing or offensive private information, portraying someone in a false light, or using their name, image, or likeness without consent, which can all result in invasion of privacy and surveillance litigation.

What Are the Penalties for an Invasion of Privacy Conviction in New Jersey?

Third-degree convictions carry up to five years in prison; fourth-degree offenses carry up to 18 months. Fines can reach $30,000 for both levels, depending on the case.

Case Study

Sexual Assault Charges Dismissed in Somerville, NJ

A recent case in Somerset County, Somerville, New Jersey, venue in the Superior Court proved that point.  A man was accused of sexual assault, violation of NJSA 2C: 14-2. The allegation was that while a woman was drunk, he took advantage of her and committed the act of sexual assault. He was in prison for five to 10 years, under Megan’s Law.

Criminal Defenses to Invasion of Privacy

Most privacy law attorneys advise an affirmative defense for invasion of privacy charges. This means that the plaintiff’s allegations are factual, but there are mitigating factors that negate your liability for any damages.

Some of the most common defenses include:

  • You provided notice that you would observe, photograph, or film in a public area.
  • You observed, photographed, or filmed the plaintiff in a retail access way, foyer, fitting, or dressing room entrance.

There is also an exception to the invasion of privacy laws for law enforcement officers, corrections officers, and correctional facility guards, who observe or record intimate activities while engaged in their official duties.

Is Pre-Trial Intervention Available?

If you’re a first-time offender facing charges for invasion of privacy, you can apply for Pretrial Intervention (PTI). This diversionary program may include supervision, counseling, and other requirements, allowing you to avoid jail time, fines, and other punishments. The court and prosecutor must agree that there’s potential for rehabilitation for you to enter the program.

Whenever reasonable, Aiello, Harris, Abate Law Group PC’s New Jersey invasion of privacy lawyers will help clients enroll in PTI.

Invasion of Privacy Lawyers FAQs

Is an Invasion of Privacy a Felony in New Jersey?

Yes, invasion of privacy is a third- or fourth-degree felony in New Jersey.

What Is Considered an Illegal Invasion of Privacy?

Illegal invasion of privacy is observing, recording, filming, or disclosing another person’s intimate parts or sexual conduct without their consent, especially when they can reasonably expect privacy. Spying on a spouse by hacking into email accounts or monitoring computer usage without consent can also constitute an invasion of privacy, according to data breach legal counsel.

What Are the Consequences of an Invasion of Privacy?

Invading someone’s privacy can result in jail time and substantial monetary fines. If the victim is a minor, you may face child pornography or endangering the welfare of a child, which have additional penalties, including sex offender registration. New Jersey invasion of privacy lawyers can help you defend yourself against these charges.

Contact us today

Defending yourself against invasion of privacy charges as a sex crime in New Jersey is challenging, and you need knowledgeable and experienced legal representation to help you mount an aggressive defense.

Call us today at (908) 873-3571 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

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