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New Jersey Invasion of Privacy Lawyer

New Jersey Invasion of Privacy LawyerIf you have been charged with invasion of privacy in New Jersey, you'll want to speak with a criminal defense lawyer who can explain your options and rights. Tara Breslow-Testa and Associates is a criminal defense firm backed by years of experience defending the accused in New Jersey. Skilled defense attorney Tara Breslow-Testa personally handles each client’s criminal case to help ensure that clients get the best possible outcome to their cases. Reach out to Tara Breslow-Testa and Associates by calling (732) 784-2880 or contacting us online.

Invasion Of Privacy Information Center
  1. What Constitutes Invasion Of Privacy?
  2. Non-Criminal Invasions Of Privacy
  3. Penalties For Invasion Of Privacy
  4. Defenses To Invasion Of Privacy
  5. Is Pre-Trial Intervention Available?
  6. Contact A New Jersey Criminal Defense Attorney
What Constitutes Invasion Of Privacy?

Under New Jersey law, several things can constitute an invasion of privacy, and the state must show that one of the three following things occurred:

  • The defendant observes another person without the person's consent and under circumstances where a reasonable person would not expect to be observed.
  • The defendant photographs, films, videotapes, or otherwise reproduces another person's image where their intimate parts are exposed, or they're having sex. The defendant acted without the person's consent, and the person had a reasonable expectation of privacy.
  • The defendant observes another person in a dressing stall to photograph, film, videotape, or reproduce that person's image.

The number of individuals charged with invasion of privacy has risen exponentially over the years. This is partially due to everyone having a cell phone they can use to photograph or record anyone at any time, and everything can be uploaded online with a click of a button

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Non-Criminal Invasions of Privacy

You may have heard of different types of invasions of privacy. The following types are civil crimes, not criminal. Therefore, you will not go to prison for the following, but someone could sue you for the following offenses:

  • False Light Invasion of Privacy: this includes defamation
  • Intrusion on Seclusion: this occurs when there is an unauthorized entry to the plaintiff's premises, electronic eavesdropping, unauthorized opening of the plaintiff's mail, etc.
  • Appropriation of Name or Likeness: this occurs when you use the plaintiff's name, image, or likeness without their approval
  • Publicity Given to Private Life: this occurs when someone gives publicity to a matter concerning the private life of another and is subject to liability to the other for invasion of privacy. If the matter publicized is that kind that:
    • Would be highly offensive to a reasonable person, and
    • Is not a legitimate public concern.

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Penalties for Invasion of Privacy

The state may charge you with third or fourth-degree invasion of privacy depending on the circumstances of the crime.

Fourth Degree Crime

A fourth-degree crime will result in up to eighteen months in prison and a fine of up to $10,000.

Third Degree Crime

A third-degree crime will result in up to five years in prison and a fine of up to $15,000. It is a third-degree offense to record or photograph a person nude or engaging in sexual acts without their permission. Moreover, a third-degree offense for someone to disclose or share nudes or sexual photos/videos of another without permission is punishable by three to five years in prison and a fine of up to $30,000.

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Defenses to Invasion of Privacy

One defense is that the conduct was legal, or you had permission. For example, if you purchased pictures or got permission to take pictures of someone engaging in a sexual act, a jury cannot convict you of invasion of privacy. Additionally, the statute of limitations for invasion of privacy is two years. This means that you cannot be convicted if the victim tries to sue you after this two-year period.

Moreover, there are intricacies to where and when you may take a picture legally. For example, if someone posed in the entryway to a fitting room where their picture was taken, that person does not have a reasonable expectation of privacy. Another defense is that the defendant posted or otherwise provided prior notice to the person of the defendant's intent to engage in the accused conduct. An experienced attorney can look at your case and find the best defense strategy for your unique circumstances.

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Law Enforcement Exception

The state cannot prosecute officers acting in accordance with their job for observing or recording someone. Additionally, it cannot prosecute a citizen if they act according to a court order, subpoena, or do their job according to their work requirements.

Is Pre-Trial Intervention Available?

Under New Jersey law, Pre-Trial Intervention provides that a first-time offender may seek an alternative to the traditional criminal justice process. Generally, under the Pre-Trial Intervention program, you will be supervised for one to three years. This is generally thought of as probationary supervision with the opportunity to avoid a criminal conviction on your record and a long prison sentence. Once you are submitted to the Pre-Trial Intervention, you have to abide by certain rules and regulations, including random urine tests, community service, and payment of restitution. If you do not complete Pre-Trial Intervention, you are terminated from the program, and the case is returned to the court.

The court will consider the following factors to determine if someone is eligible for Pre-Trial Intervention:

  • The nature of the offense;
  • The facts of the case;
  • The motivation and age of the defendant;
  • The probability that the causes of criminal behavior can be controlled by proper treatment;
  • The likelihood that the applicant's crime is related to a condition or situation that would be conducive to change through their participation in supervisory treatment;
  • The needs and interests of the victim and society;
  • Whether the crime constitutes part of a continuing pattern of anti-social behavior;
  • The applicant's record of criminal and penal violations;
  • Whether the crime is violent;
  • The history of the use of physical violence toward others;
  • Whether the applicant could benefit from supervisory treatment.

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Contact a New Jersey Criminal Defense Attorney

Invasion of privacy is a criminal offense involving the theft of private information or intellectual property. If you have been accused of violating someone else’s privacy rights or committing a public disclosure of private facts, a privacy attorney can defend you. Savvy criminal defense attorney Tara Breslow-Testa personally manages all cases at the firm from beginning to end. Tara Breslow-Testa offers skilled representation with special attention to each client. Reach out to our invasion of privacy lawyers at Tara Breslow-Testa and Associates today by calling (732) 784-2880 or contacting us online.

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