The rates of charges for invasion of privacy have skyrocketed over the last decade. One notable reason is the fact that everybody has a camera at their fingertips via cellular phones. Anyone with a camera phone can easily record a person in a compromising position. Another reason is the widespread use of the internet and social media. The pictures or recordings people can easily take on their phones can now be put online for anyone with internet access to see.
New Jersey's statute covers several different circumstances in which the crime of “invasion of privacy” is constituted. But one of the most common scenarios is ex-lovers posting explicit pictures and videos of each other online without the others' consent.
The most important thing you can do after acquiring invasion of privacy charges is to retain an attorney. The Lento Law Firm offers experienced legal representation you can trust. We'll investigate your case and build a solid defense on your behalf. In our justice system, you have rights, including the right to be presumed innocent until proven guilty. We can help you overcome these charges and achieve true justice.
What Constitutes an “Invasion of Privacy” in New Jersey?
There are three forms of conduct that will warrant prosecution for invasion of privacy in New Jersey. The state must prove beyond a reasonable doubt that one of the following actions transpired:
- If, knowing that he (the defendant) is not licensed or privileged to do so, and under circumstances in which a reasonable person would know that another may expose intimate parts or may engage in sexual penetration or sexual contact, the defendant observes another person without the person's consent and under circumstances in which a reasonable person would not expect to be observed
- If knowing that he is not licensed or privileged to do so, the defendant photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, without that person's consent and under circumstances in which a reasonable person would not expect to be observed
- If, knowing that he is not licensed or privileged to do so, the defendant discloses any photograph, film, videotape, recording or any other reproduction of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, unless that person has consented to such disclosure. “Disclose” means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer.
Invasion of Privacy Penalties
Invasion of privacy can be charged as a third-degree or fourth-degree crime depending on the circumstances. I've broken down the different kinds of invasion of privacy crimes and their corresponding repercussions.
A person who purposefully watches another person under circumstances where are likely to expose intimate parts of engaging in sexual acts will be charged with a fourth-degree crime. This is punishable by up to 18 months in prison and a fine of up to $10,000.
A person who records or photographs another person nude or them engaging in a sexual act without their permission will be charged with a third-degree crime. This crime warrants a sentence of up to three to five years in prison and fines of up to $15,000.
A person who discloses or shares nudes or sexual photos/videos of another without their permission will be charged with a third-degree crime. This is punishable by up to three to five years in prison and a fine of up to $30,000.
Defenses
An indictment for invasion of privacy charges is determined by the prevalence of a number of factors. Attorney Joseph Lento of the Lento Law Firm has an adept knowledge of the elements of a case that must be proven to prosecute a defendant of invasion of privacy, and therefore understands the potential defenses to assert to disprove these elements. A defense can be so convincing that it leads to a defendant's sentence being reduced or downgraded. A solid defense can even lead to the dismissal of your case altogether. The following defenses could possibly be asserted in your case if applicable:
- The defendant posted or otherwise provided prior notice to the person of the defendant's intent to engage in the accused conduct
- The defendant acted with a lawful purpose
New Jersey Criminal Defense Attorney
Invasion of privacy is a serious crime in New Jersey. To avoid an invasion of privacy conviction and the legal and collateral consequences that come with them, you need the help of a seasoned criminal defense attorney.
If you're looking for quality legal representation, the Lento Law Firm is the ideal firm for you. Attorney Joseph D. Lento has the experience and credentials to defend and counsel people who've acquired invasion of privacy charges. He will provide you with options in this predicament, build a solid defense and work towards getting your charges reduced or dropped. Mr. Lento keeps flexible office hours and is willing to work around your schedule. To set up a consultation or for more information about Mr. Lento's representation, contact the Lento Law Firm either online or by phone at 888-535-3686.
