Invasion of Privacy: When Online Activity Turns Criminal

The rise of smartphone cameras has made it easy for anyone to record someone in an intimate situation and even to post pics on social media. And people face increasing risks of internet-related sex crime accusations, including invasion of privacy.

First things first: If you are questioned about any type of crime, do not say anything, not even to claim your innocence. Request an attorney right away.

At the Lento Law Firm, we handle all types of criminal cases, including invasion of privacy accusations. The Lento Law Firm Criminal Defense Team is on your side. Contact us here or at 888.535.3686 for help with your situation.

Understanding Invasion of Privacy in New Jersey

It's not enough to accuse—prosecutors must prove their case beyond a reasonable doubt, piece by piece. That means showing that someone was watched or recorded without consent, the defendant knew it was wrong, and the setting was private.

Invasion of privacy can happen in different ways, such as:

• Recording or sharing intimate photos or videos of someone without their consent.
• Watching someone in a private setting without them knowing or agreeing.
• Using hidden cameras or surveillance to spy on someone.
• Posting explicit content about someone online without their permission.

In New Jersey, these acts are criminal offenses and can result in serious consequences such as fines, probation, and prison time.

How the Internet Facilitates Invasion of Privacy Accusations

Smartphones and social media have made it easier than ever to invade privacy—or to be accused of it.

Some common scenarios:

• Secretly recording someone in a private space –bathrooms, dressing rooms, or bedrooms are examples.
• Sharing explicit photos or videos without consent – Posting or sending intimate images.
• Spying through windows or surveillance devices – Using binoculars, drones, or security cameras to watch someone without their knowledge.
• Live-streaming someone without their consent – Broadcasting private moments in real-time without permission.
• Hacking into personal devices – Accessing webcams, cloud storage, or private accounts to obtain images or videos.
• Catfishing or impersonation – Using fake profiles to trick someone into sharing private content.
• Revenge porn – Distributing intimate images to humiliate, threaten, or harm someone.
• Unauthorized use of deepfake technology – Manipulating images or videos to create false but damaging content.
• Using workplace surveillance for personal reasons – Misusing security cameras or monitoring software to invade an employee's privacy.

New Jersey's invasion of privacy laws are tough, but accusations often rely on misunderstandings or incomplete facts.

Legal Consequences of Invasion of Privacy Charges

Under New Jersey law, invasion of privacy offenses are either third or fourth-degree crimes:

• Watching without consent — It's a fourth-degree crime to secretly observe someone in a private place where they wouldn't expect to be seen. This includes watching someone online or through a device. Penalties are up to 18 months in prison and a fine of up to $10,000.
• Recording without consent — Taking pics, filming, or sharing images of someone's intimate parts or sexual acts without their knowledge or permission is a third-degree crime. Third-degree penalties are up to five years in prison and fines of up to $15,000.
• Distributing intimate images — Disclosing sexual images without consent, whether by selling, posting, or sharing them, is a third-degree crime. Even if the images were obtained legally, sharing them can still lead to criminal charges. Penalties are up to three to five years in prison and a fine of up to $30,000.

Defending Against Invasion of Privacy Charges

Expert Michael Seto states: “Faced with more [internet sex crime] cases than they can handle in a timely fashion, law enforcement and other professionals who deal with these offenders need to prioritize their resources.”

One strategy is to show the prosecution that their case is weak and they should spend their resources elsewhere. That includes showing:

• Consent: If the victim gave consent, it's not a crime. We dig into texts and emails to show they agreed, even if they changed their mind later. Suddenly, the story changes from accusation to regret.
• Mistaken identity: Digital crimes may involve spoofed accounts, hacked devices, or misattributed evidence. We bring in forensic analysts to track login locations, device fingerprints, and timestamps, proving you weren't involved.
• Weak Evidence – The prosecution points to a blurry screenshot as their key piece of evidence. We dig into the metadata, showing it may have been tampered with or misidentified.
• Murky Digital Trails – Law enforcement claims your IP address is linked to illegal activity, assuming that's enough. We demonstrate how multiple people can access the same network and how VPNs or spoofing tools make IP-based accusations unreliable. The so-called "digital fingerprint" suddenly isn't as unique as they thought.
• Overreach – Police seize your devices without a warrant, hoping to find something incriminating later. We file a motion to suppress, arguing that an illegal search taints all evidence they collect. The judge agrees—key evidence is thrown out, gutting the case. Or they got a warrant based on lies or on facts that do not meet the legal requirements.
• Biased Narratives – The prosecution paints you as a predator based on an online conversation taken out of context. We present the full chat logs, revealing that you repeatedly shut down inappropriate topics or were baited into responding. Suddenly, their “story” doesn't sound so airtight.
• Flawed Investigations – Officers rely on a sting operation where an undercover cop pretends to be a minor, but their transcripts show entrapment. We highlight how they initiated the conversation, steered it in a criminal direction, and ignored exculpatory evidence. The jury starts questioning whether this was a real crime or a manufactured one.
• Undermining Witness Credibility – A supposed victim gives testimony filled with inconsistencies, changing details each time they speak. We methodically cross-examine, pointing out contradictions, previous false accusations, and personal grudges. The jury sees the truth—this testimony can't be trusted.
• Questionable Motives – The accuser is an ex with a bitter custody battle, and suddenly, allegations emerge that could cost you everything. We pull phone records showing they threatened to “ruin” you if they didn't get full custody. With their motive exposed, their claims fall apart.
• Lack of Intent: The prosecution assumes that simply recording or sharing content is enough to prove guilt, but intent matters. We show that you had no malicious purpose—perhaps the recording was accidental, or you reasonably believed you had permission—even if that belief was wrong.
• Plea Bargaining – You're offered a deal, but the sentence is still brutal. We spot gaps in the prosecution's case and use them to push for a lighter charge with no jail time. That means you could leave with probation and the opportunity for a second chance.

The state assumes you'll fold under pressure, but we show them that it's going to be an uphill battle. Our team files aggressive motions, dismantles their evidence, and forces them to prove every aspect of every element. By the time we're done, they realize their case was never as strong as they thought.

Accused of Invasion of Privacy? The Lento Law Firm Has Your Back

Accused of invasion of privacy involving the internet or digital means? You need an experienced defense attorney on your side. The Lento Law Firm Criminal Defense Team is dedicated to ensuring that every client receives the best possible outcome in their case. Call us at 888.535.3686or fill out our confidential consultation form.