Invasion of privacy is just one of those crimes that tends to be aggressively prosecuted and that is certainly the case in Somerset and Hunterdon County. As one would imagine, the victim(s) of this type of offense tend to be more involved in the prosecution of the case then they are in other types crimes. This only adds to importance of making sure that you seek proper representation if you find yourself being charged with invasion of privacy. As you will see below, invasion of privacy is an indictable offense, which is New Jersey’s version of a felony. To make matters worse, more often than not, an individual that is charged with invasion of privacy also finds themselves being charged with burglary, criminal trespassing, endangering the welfare of a child, cyber harassment, stalking and could even be served with a restraining order as well. These are very serous offenses and should not be taken lightly.
Need Local Invasion of Privacy Attorney in Bridgewater
If you have been charged with invasion of privacy we strongly urge that you speak to an attorney as soon as possible about your options. This offenses has become more and more common over the years. The rise in technology is probably one of the main reasons that we have been starting to see more and more invasion of privacy charges. If you would like to set up a free initial consultation with one of our Somerset County criminal defense attorneys, then please contact our office at 908-533-1064. One of our attorneys would be glad to go over the specifics of your case and formulate a game plan that works best to attack the allegations. We serve all of Somerset and Hunterdon County, including towns like Clinton, Readington, Raritan, Hillsborough, Watchung, Branchburg, Bedminster, Bernards and North Plainfield. If you have any questions whatsoever, please do not hesitate to contact us.
What is Considered Invasion of Privacy in New Jersey?
NJSA 2C:14-9, which is the governing statute for invasion of privacy in essence seeks to prosecute those alleged to either observed, filmed, photographed or videotaped another’s intimate parts and/or sexual encounter. There is really three different subsections for this offense. The first subsection, NJSA 2C:14-9a, criminalizes the act of observing another’s intimate parts or sexual encounter without their consent. The second subsection, NJSA 2C:14-9b, criminalizes the act of filming, photographing and/or videotaping another’s intimate parts or sexual encounter without their consent. The third and final subsection, NJSA 2C:14-9c, criminalizes the act of exposing an image or video footage of another’s intimate parts or sexual encounter without their consent. It is important to note here that each subsection also requires that the act occur under the circumstances where a reasonable person would not expect to be observed. So, for example, if the sexual encounter occurred in a public place, in the vicinity of others, that more likely than not wouldn’t be considered an invasion of privacy
What is the Potential Sentence for Invasion of Privacy Charges in NJ?
As mentioned above, invasion of privacy is considered an indictable offense. If the individual is charged under NJSA 2C:14-9a they will be facing a fourth degree crime. A fourth degree crime exposes an individual to up to 18 months in prison and a fine not to exceed $10,000. Conversely, both NJSA 2C:14-9b and NJSA 2C:14-9c are considered crimes of the third degree. A crime of the third degree subjects an individual to a term of incarceration ranging anywhere from three to five years and a fine not to exceed $15,000.
Provided the individual has no prior criminal history, they will obtain a presumption of non-incarceration. Which means, more likely than not, the individual would not be sentenced to a term of imprisonment. However, that presumption is only for imprisonment and not a county jail term, which could be up to 364 days. Furthermore, the presumption of non-incarceration can be overcome if the facts are egregious enough, which with this type of offense, could be the case.
Hunterdon County Invasion of Privacy Defense Attorney
Keith Oliver Criminal Law is a New Jersey based criminal defense firm, comprised of attorneys that have dedicated their entire careers to defending those accused of serious crimes like invasion of privacy, sexual assault, possession of child pornography, distribution of child pornography as well as those served with a restraining order. Regardless of the allegations, we can help. To set up a free initial consultation with one of our attorneys today, please contact us directly at 908-533-1064. We appear in courts throughout New Jersey, including courts in Somerville, Flemington, Bound Brook, Green Brook, Manville, Franklin, Union, East Amwell and Warren Township.