Elizabeth, NJ Invasion of Privacy Lawyer

Invasion of privacy, NJSA 2C:14-9, is a serious offense that can have severe consequences for both the victim and the perpetrator. In New Jersey, invasion of privacy can be charged as a third-degree or fourth-degree crime, depending on the circumstances and the type of conduct involved. If you or someone you know has been accused of invasion of privacy, you need to consult with an experienced criminal defense attorney as soon as possible. In this article, we will explain what invasion of privacy means, what the penalties are, and how we can help you defend your rights and reputation.

If you or a loved one is facing an invasion of privacy, luring, prostitution, sexual assault charge, you need to understand the law and your rights. You also need to hire a New Jersey criminal defense lawyer who has the experience and the skills to handle your case and fight for your freedom. If you’re seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this guide that will provide you with a general overview of the invasion of privacy law in New Jersey, as well as some common defenses that may be available to you.

What is Invasion of Privacy Charge?

According to New Jersey Revised Statutes Section 2C:14-9, invasion of privacy occurs when a person, without the consent of another, observes, photographs, films, records, or discloses the image of another person who is:

• Exposing their intimate parts;
• Engaged in an act of sexual penetration or sexual contact; or
• Undergarment-clad in a way that reveals their intimate parts.

The law also prohibits the disclosure of any image that was obtained in violation of this section, unless the person who is depicted has consented to such disclosure.

Specifically under NJSA 2C:14-9, the law states:

• An actor commits a crime of the fourth degree if, knowing that he 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, he observes another person without that person’s consent and under circumstances in which a reasonable person would not expect to be observed.
• An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he 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.
• An actor commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of the undergarment-clad intimate parts of another person, without that person’s consent and under circumstances in which a reasonable person would not expect to have his undergarment-clad intimate parts observed.
• An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he discloses any photograph, film, videotape, recording or any other reproduction of the image, (1) another person who is engaged in an act of sexual penetration or sexual contact; (2) another person whose intimate parts are exposed; or (3) another person’s undergarment-clad intimate parts, unless that person has consented to such disclosure.
  • For purposes of this subsection: (1) “disclose” means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise, offer, share, or make available via the Internet or by any other means, whether for pecuniary gain or not;

Elements of Invasion of Privacy Charge

It is the job of the prosecutor to prove each element of the invasion of privacy charge beyond a reasonable doubt. Thus, in order to find a defendant guilty of this offense, the State must prove beyond a reasonable doubt each of the following elements:

1. The defendant observed another person;
2. The defendant did so without that person’s consent;
3. The defendant did so knowing that he/she is not licensed or privileged to do so;
4. The defendant did so under circumstances in which a reasonable person would know that another may: (expose intimate parts) (engage in sexual penetration) (engage in sexual contact)]; and
5. The defendant did so under circumstances in which a reasonable person would not expect to be observed.

What are the Penalties for Invasion of Privacy?

The penalties for invasion of privacy depend on the degree of the crime and the prior criminal record of the offender. Generally, the penalties are as follows:

• Third-degree invasion of privacy: This applies when a person photographs, films, records, or discloses the image of another person who is exposing their intimate parts or engaged in sexual activity, or when a person discloses any image that was obtained in violation of this section. The penalty for a third-degree crime is three to five years in prison and a fine of up to $15,000. This also includes potential restitution to the alleged victim as well as community service. A fine of $30,000 may also be imposed depending on exact charge and circumstances of the case.
• Fourth-degree invasion of privacy: This applies when a person observes another person who is exposing their intimate parts or engaged in sexual activity, or when a person photographs, films, records, or discloses the image of another person’s undergarment-clad intimate parts. The penalty for a fourth-degree crime is up to 18 months in prison and a fine of up to $10,000. This also includes potential restitution to the alleged victim as well as community service.

Defense to the New Jersey Charge of Invasion of Privacy

Invasion of privacy is a serious offense in New Jersey, and it encompasses a wide range of conduct that violates a person’s reasonable expectation of privacy. However, there are several defenses that can be asserted to challenge an invasion of privacy charge:

1. Consent:

• • The most straightforward defense to an invasion of privacy charge is consent. If the person whose privacy was allegedly invaded consented to the conduct in question, then there is no violation.
  • Consent can be express or implied. Express consent occurs when the person explicitly agrees to the invasion of privacy, while implied consent is inferred from the circumstances.

2. No Reasonable Expectation of Privacy:

• • Another potential defense is that the person did not have a reasonable expectation of privacy in the place or situation where the alleged invasion occurred. For example, if someone is in a public place, they generally have a lower expectation of privacy than if they are in a private place.

3. Privilege:

• • Certain relationships and communications are considered privileged and protected from disclosure. For example, the attorney-client privilege protects communications between an attorney and their client.
  • If the alleged invasion of privacy involved privileged information, this could provide a valid defense.

4. Lack of Intent:

• • In some cases, a defendant may argue that they lacked the intent to invade someone’s privacy. For example, if a person accidentally records a private conversation without realizing it, they may have a defense based on lack of intent.

5. Justification or Necessity:

• • In certain limited circumstances, a defendant may be justified in invading someone’s privacy if they were acting to prevent imminent harm or to protect a greater interest. For example, a law enforcement officer who enters a home without a warrant to prevent a crime from occurring may have a defense based on justification or necessity.

6. Affirmative Defense:

• • Under NJSA 2C:14-9, it is an affirmative defense to a crime under this section that the actor posted or otherwise provided prior notice to the person of the actor’s intent to engage in the conduct and the actor acted with a lawful purpose.

It’s important to note that the specific defenses available in a particular case will depend on the facts and circumstances of that case. If you are facing an invasion of privacy charge in New Jersey, it is crucial to consult with an experienced criminal defense attorney, such as attorney Brett Rosen, to discuss your potential defenses and develop a strong legal strategy.

How Can We Help You With Invasion of Privacy Charge?

If you are facing charges of invasion of privacy, you need to act quickly and hire a skilled criminal defense attorney who can protect your rights and interests. At the Law Offices of Brett M. Rosen, we have the experience, knowledge, and resources to handle any type of invasion of privacy case. We will:

• Review the evidence against you and challenge its validity and admissibility;
• Investigate the circumstances of the alleged offense and look for any mitigating factors or defenses;
• Negotiate with the prosecutor for a plea bargain or a dismissal of the charges;
• Represent you at trial and present a strong and persuasive case to the jury;
• Appeal your conviction or sentence if necessary.

We understand that being accused of invasion of privacy can be devastating for your personal and professional life. That is why we will work tirelessly to achieve the best possible outcome for your case.

Frequently Asked Questions (FAQs)

• Question: What if I had permission to photograph the victim naked, can I still be charged with invasion of privacy in New Jersey?
  • Answer: Yes, you can. In New Jersey, even if you have permission to photograph someone naked, you can still be charged with invasion of privacy if the images are disclosed without the person’s consent. The law specifically prohibits the disclosure of images of another person’s intimate parts or of a person engaged in sexual penetration or sexual contact without their consent. It’s important to note that the context and manner of the disclosure can affect the legality of the situation. 

• Question: What if I have a signed document that allowed me to release the nude photographs of the victim, can I still be charged with invasion of privacy in New Jersey?
  • Answer: In New Jersey, having a signed document from the person in the photographs may provide a defense against an invasion of privacy charge, particularly if it specifies consent for the release of the images. However, the law states that an actor commits a crime if they disclose any 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 without that person’s consent.

• Question: If I paid the victim to take nude photographs, can I be charged with invasion of privacy in New Jersey?
  • Answer: Yes, in New Jersey, paying someone to take nude photographs does not automatically protect you from an invasion of privacy charge if those images are disclosed without the person’s consent. The law is clear that any unauthorized disclosure of images of another person’s intimate parts or of a person engaged in sexual acts can lead to civil liability and potentially criminal charges, regardless of any payment made.

• Question: Is there a statute of limitations for a New Jersey invasion of privacy charge?
  • Answer: Yes, In New Jersey, the statute of limitations for an invasion of privacy charge is generally five years. This means that legal proceedings must be initiated within two years from the date of the alleged offense. 

 

Superior New Jersey Invasion of Privacy Attorney

If you have been charged with invasion of privacy criminal sexual contact, aggravated sexual assault, aggravated criminal sexual contact, lewdness, or endangering the welfare of a child in New Jersey, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights and options, and develop a strong defense strategy.

At Rosen Law Firm, we have experience and are dedicated to helping our clients achieve the best possible outcome in their cases. We understand the serious consequences of a conviction for criminal sexual contact, and we will fight aggressively to protect your rights and interests. There are many reasons why you should choose NJ Attorney Brett M. Rosen to defend your invasion of privacy charge. Here are some of them:

• He is one of the top criminal defense attorneys of 2023, according to LA Weekly.
• He has a proven track record of winning seemingly impossible cases, such as a recent acquittal of a karate instructor accused of sexual assault.
• He is passionate, dedicated, and assertive in representing his clients, standing up for their rights and challenging the evidence against them.
• He is experienced in handling robbery cases, which are serious offenses that can result in long prison terms and hefty fines.
• He is an advocate for mental health and well-being within the legal profession, understanding the stress and emotional toll that comes with facing criminal charges.
• He is knowledgeable about the latest advancements in artificial intelligence and their impact on the legal industry, using AI-powered tools to enhance his practice.

These are just some of the reasons why NJ attorney Brett M. Rosen is a great choice for your invasion of privacy charge defense.

Contact us today for a free consultation.