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Sex Photos And Videos And The New Jersey Invasion Of Privacy Act

April 20, 2016

Do not transmit a stranger’s, personal friend’s or lover’s naked pictures or sex videos even if they were voluntarily given to you or they involved sexting or you were allowed to take or even participated in the pictures or videos. It’s easy for people to overstep certain legal boundaries, and disregarding another person’s right to privacy can have serious criminal consequences under the complicated New Jersey Invasion of Privacy statute (N.J.S.A. 2C:14-9).


The legal definition of Invasion of Privacy can be found in New Jersey’s Code of Criminal Justice. According to N.J.S.A. 2C:14-9, you can be found guilty of a violation and a fourth degree offense if you observe another person without that person’s consent under circumstances in which he or she would not assume to be observed. (The old fashioned Peeping Tom). Under Criminal Trepass-Peering N.J.S.A. 2C:18-(c), if you suspect that someone “may expose intimate parts or may engage in sexual penetration or sexual contact” in a private setting, chances are you are not permitted to continue watching. The crime becomes more serious and would be a third degree offense if you decide to “photograph, film, videotape, record, or otherwise reproduce” the event. The law can be unforgiving as fines of up to $30,000 can be imposed and State prison for 3 to 5 years can be imposed, not including any other charges which might be filed depending on the circumstances.

 

In addition, you cannot disclose or post or tweet or otherwise make available to third parties on Instagram, Periscope, Snapchat or other social media, pictures or videos of other people who are naked or engaged in sex acts without their consent.
It does not matter that anyone, including current or ex girlfriends or boyfriends, voluntarily sent you these pictures or videos. It also doesn’t matter if you are shown in the pictures or videos.


If you are charged with a criminal offense or have any questions about the subject or want to ensure that your side of the story is heard in court, do not hesitate to contact the Law Firm of Wronko & Loewen at (908)-704-9200 now for quality legal representation.

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