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.