Real-Life Example of Digital Violence
In a story published online through Elle Magazine, a woman recounted her experience dealing with an ex-boyfriend who allegedly published naked photos of the woman that were shared privately with him during their relationship. A few months after their breakup, the woman received a text from an unknown number informing her that they saw her photos on a pornographic website. She looked up the website and found eight naked photos of herself that she had only shared with her ex-boyfriend. Next to her pictures, her name, phone number, and home address were listed. While she was able to have the content removed from the site, the damage had been done to the woman. In New Jersey, an alleged victim of actions like these can lead to a criminal charge and/or a restraining order.
Revenge Porn Law in New Jersey
Revenge porn occurs when an individual posts intimate photos or other media online that is sexual in nature without consent. In New Jersey, a specific law prohibits this type of activity under 2C:14-9 of the New Jersey Statutes and states that it is a crime to:
- Make a recording of another that reveals intimate parts or depicts a sexual act without consent
- Share or disclose the recording no matter how it was made
- Share the recording without specific consent to the disclosure
Both recording and disclosing nonconsensual pornography can result in criminal charges in New Jersey. An alleged victim can seek a restraining order independent of a criminal complaint. A criminal conviction can result in up to five years in state prison.
How Online Activity Can Result in a Restraining Order and Criminal Charges
If someone had previously shared intimate photos with you for personal viewing, then any public sharing of those photos can lead to a restraining order, criminal charges, or both. All online actions leave a digital footprint that can be traced to an individual user. Appropriate consent must be given before any intimate photos can be shared with others. As most of these cases involve former intimate partners, it is unlikely that consent was given to disseminate intimate photos in this manner. Expect that judges will treat defendants accused of this type of activity harshly as it is viewed as an invasion of privacy. If you have legal questions, then call us so we can help!
Why Hiring the Lento Law Firm is the Right Choice
If you are facing a restraining order based on allegations of digital violence, then it is important to speak to an attorney immediately. Attorney Joseph D. Lento has helped countless people across New Jersey fight their cases. Call the Lento Law Firm today at 888-535-3686 to learn why hiring attorney Joseph D. Lento and his team are the right choice to help you.