Facing Invasion of Privacy Charges in NJ? What You & Anyone with a Smartphone Needs to Know
Key Takeaways
- New Jersey classifies Invasion of Privacy as a sex crime covering illegal observation, hidden recordings, and non-consensual image sharing.
- Penalties range from fourth-degree to third-degree crimes, carrying up to five years in prison and specialized fines up to $30,000.
- First-time offenders may qualify for Pre-Trial Intervention (PTI) to resolve their charges without a permanent criminal record.
- Anyone charged should immediately exercise their right to remain silent, avoid contacting the accuser, and refrain from deleting any evidence.
- Partnering with an experienced and local criminal defense attorney gives you court-specific experience and swift, strategic representation.
Have you been accused of an Invasion of Privacy violation or sex crime? We understand it can be scary. Something as simple as a misjudgment with a smartphone can instantly jeopardize facets of your life.
Invasion of Privacy (N.J.S.A. 2C:14-9) is taken very seriously by New Jersey prosecutors. Actions like a prank or poorly thought-out message sent in anger can be treated as a major offense by the state. We’ll cover what constitutes a breach of privacy in New Jersey, the severity of penalties you may face, and why working with a local attorney to build a strong defense strategy is imperative to protecting your future.
What Exactly Does “Invasion of Privacy” Cover in New Jersey?
Under N.J.S.A. 2C:14-9, an Invasion of Privacy is legally categorized as a sex crime. This occurs when a person breaches another’s reasonable expectation of privacy for unauthorized reasons. This could be in places like a bathroom, bedroom, or dressing room.
Reasonable expectation means that the person is in a private space and could reasonably assume they wouldn’t be seen or recorded. This is the core that Invasion of Privacy charges often hinge upon.
There are three primary facets to this law that are broken down by the action that was taken:
- Observing
- Capturing
- Or distributing
Voyeurism and Peeping Tom Offenses (Observing)
Observing someone without their consent while they are exposing intimate parts or engaging in sexual acts, in a place where they have a reasonable expectation of privacy is considered Voyeurism, aka Peeping Tom offenses.
No physical recording is required for this charge to be placed on someone. Just watching is enough to violate this state statue. In New Jersey, Voyeurism is classified as a fourth-degree crime.
Hidden Cameras, Recording, and “Upskirting” (Capturing)
Capturing photography, film, or any other recording of someone without their consent is the next level of Invasion of Privacy. This includes hiding cameras in private spaces such as bathrooms or bedrooms. Public violations like Upskirting, capturing images of undergarment-clad intimate parts without permission, are considered a fourth-degree charge. Recording exposed intimate parts or sexual acts is a more serious charge, and elevated to a third-degree felony.
Revenge Porn and Non-Consensual Disclosure (Sharing)
The last facet of Invasion of Privacy, and the most serious is sharing, posting online, selling, or distributing explicit images or videos of someone without their consent. This includes if the original photo or video was taken with the person’s consent and is later shared without their permission, often known as revenge porn.
Sharing these types of visuals is a third-degree crime and carries fines up to $30,000. If the person in the images is a minor, these charges can be paired with child pornography charges.
Non-Consensual Disclosure also includes sharing images or videos that were not shared as “revenge” or intended to embarrass or shame. If a person shares a video to brag or boast, that is still a crime.
A classic example is a person (oftentimes a young adult or juvenile) boasting or bragging about a sexual encounter by sharing the image or video with someone via text, Snapchat, or other digital means. This offense is becoming more prevalent with individuals 25 and under.
As noted above, in addition to invasion of privacy, defendants of all ages need to be concerned with additional charges flowing from this conduct. If the person depicted in the image or video is under the age of 18, that can qualify as Child Sexual Abuse or Exploitation Material (CSAM or CSAEM, formerly referred to as Child Porn). That exposes the defendant to additional criminal charges including Endangering the Welfare of a Child, Distribution of CSAM, and Manufacturing CSAM. Those offenses carry with them more severe penalties and collateral consequences, such as Megan’s Law Registration and Parole Supervision for Life (PSL). Megan’s Law and PSL apply even if the defendant is under the age of 18 (aka a juvenile).
Defending Against Invasion of Privacy Charges in NJ
Due to Invasion of Privacy being classified as a sex crime in New Jersey criminal code, the stakes are very high and could result in prison time and lofty fines. That said, there are ways to defend against these charges.
Lack of Expectation of Privacy
Making the argument that the alleged victim was in a space where privacy could not be reasonably expected is one option.
Consent
If the defense can prove that the alleged victim consented to being observed or recorded is another strategy. For this to be considered, the consent must have been obtained legally, and the alleged victim can not have been intoxicated, coerced, or a juvenile at the time of the image or video recording.
Prior Notice or Lawful Purpose
If signs were in plain view and conspicuously posted, such as security cameras in a rental space, or the recording was served for a lawful purpose, it can be argued that prior and reasonable notice was given.
What to Do If You’re Charged With Invasion of Privacy
If you’ve been charged with an Invasion of Privacy crime, it’s important to follow the recommendations below.
Rule #1: Invoke Your Right to Silence
Immediately invoke your right to silence. Do not try to explain your side of the story or your actions to the police. Law enforcement is working to build a case against you.
Rule #2: Hire an Attorney
Exercise your right to an attorney if you have been charged with Invasion of Privacy, and consider an experienced attorney who knows the local leanings of the County and Courts.
Rule #3: Do Not Contact the Accuser or Speak with Them
Do not make any attempt to contact the accuser, whether that is to apologize or ask them to drop the charges. Doing so can result in further charges like harassment or witness tampering. Do not speak with the accuser even if they call you! In New Jersey, that conversation can be recorded and used against you by law enforcement.
Rule #4: Do Not Destroy Evidence
Do not delete any text messages, photos, or videos. Doing so can be perceived as an admission of guilt and lead to severe evidence-tampering charges in addition to the charges you’re already facing.
The Benefit of a Local Criminal Defense Attorney
There are two significant advantages to hiring a local attorney firm for your representation.
Home Court Advantage
Rosenberg, Perry & Associates is firmly rooted in the local legal community. The firm’s proximity to the courthouses means that they know how local prosecutors and judges handle these specific types of cases. This insight makes the home court advantage invaluable to your defense.
Swift Intervention
Having a local physical presence means that your legal team can act immediately. From handling bail hearings, negotiating with prosecutors before charges escalate, to filing motions quickly, the close physical proximity can work in your favor.
Frequently Asked Questions (FAQ)
What is the penalty for Invasion of Privacy in NJ?
Depending on the specific charge under Invasion of Privacy laws in New Jersey, you can expect the following penalties:
Fourth-degree crime - up to 18 months in prison and standard fines.
Third-degree crime - up to 5 years in prison and a maximum fine of up to $30,000.
Is Invasion of Privacy considered a sex crime in New Jersey?
Yes, Invasion of Privacy is classified under sexual offenses in New Jersey Criminal Code (N.J.S.A. 2C:14-9).
Does Invasion of Privacy require registration as a sex offender under Megan’s Law?
It depends. Just because Invasion of Privacy is a sex crime, a conviction under N.J.S.A. 2C:14-9 does not automatically mean that a defendant is subject to Megan’s Law registration in New Jersey. The classification as a sexual offense on a criminal record still carries a significant stigma. It’s also important to note that legislation is proposed from time to time to change this, so having a lawyer is key to the defense of anyone charged with an Invasion of Privacy crime.
Can I apply for Pre-Trial Intervention (PTI) for an Invasion of Privacy charge?
Yes, first-time offenders facing third- or fourth-degree Invasion of Privacy charges may still be eligible for Pre-Trial Intervention (PTI). If successfully completed, PTI allows you to avoid having a criminal conviction on your record.
Is it still an Invasion of Privacy crime if there was no nudity involved?
Nudity is not strictly required for Invasion of Privacy charges, such as in the case of Upskirting, which is a fourth-degree crime even if no bare skin is exposed.
What is the statute of limitations for Invasion of Privacy in NJ?
Typically, criminal charges for Invasion of Privacy carry a five-year statute of limitations after the alleged offense is committed. Civil lawsuits are different, with a shorter statute of limitations, generally two years.
Contact Rosenberg Perry & Associates Today
If you’ve been charged with an Invasion of Privacy crime, choose an aggressive and experienced attorney to fight for you and give you the best chance. Call us 24/7 for experienced legal counsel.