Invasion of Privacy, N.J.S.A. 2C:14-9

Venus mit Spiegel
(Rokeby Venus)
Diego Velázquez (1599 - 1660)
[Public domain],
via Wikimedia Commons

Narrative

On October 23, 2012, Brandon Carangelo appeared in Hudson County Central Judicial Processing (CJP), nj.com reported.

Bayonne police charged the West 12th Street resident on October 10, 2012, with Invasion of Privacy, according to nj.com.

The press indicate the charges claim Carangelo, on or about October 3, 2012, allegedly posted ten naked photographs of an unnamed ex-girlfriend to the Internet without consent.

During the CJP appearance in Jersey City, according to the news, the twenty-year-old said his ex-girlfriend sent him the photos by email.

Crimes

New Jersey law proscribes both recording and disclosing a private image of another person without consent.

Recording

New Jersey law prohibits the conduct of an actor who,
  • knowing that he is not licensed or privileged to do so,
    • 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.
N.J.S.A. 2C:14-9(b).

Disclosure

New Jersey law prohibits the conduct of an actor who,
  • knowing that he is not licensed or privileged to do so,
  • discloses any
    • photograph,
    • film,
    • videotape,
    • recording, or
    • any other 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,
  • unless that person has consented to such disclosure.
N.J.S.A. 2C:14-9(c).

Sentencing Exposure

Penalties

These are third degree crimes punishable by:
  • State Prison: Between three years and five years
  • Fines: Up to $30,000.00
  • Victims of Crime Compensation Assessment (VCCA):    
    • Each crime resulting in injury or death of another person: Between $100.00 and $10,000.00
    • Any crime not resulting in injury or death of another person: $50
  • Safe Neighborhood Services Fund Assessment: $75
  • Law Enforcement Officer Training & Equipment Fund: $30
  • Probation Supervision Fee (if applicable): Up to $25 / month
  • Court Costs

Merger

A conviction under subsection b. shall not merge with a conviction under subsection c., nor shall a conviction under subsection c. merge with a conviction under subsection b.

N.J.S.A. 2C:14-9(h).

Defenses

Affirmative Defense

An affirmative defense may apply based on evidence that
  1. the actor posted or otherwise provided prior notice to the person of the actor's intent to engage in the conduct specified above; and
  2. the actor acted with a lawful purpose.

Consent

This defense may apply based on evidence that the subject consented.

Definitions

"Actor"

A person accused of an offense proscribed under this act;

"Disclose"

Sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer.

"Intimate parts"

The following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person;

"Sexual contact"

Intentional touching by the victim or actor, either directly or through clothing, of the victim's or actor's intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. Sexual contact of the actor with himself must be in view of the victim whom the actor knows to be present;

"Sexual penetration"

Vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or insertion of the hand, finger or object into the anus or vagina either by the actor or upon the actor's instruction. The depth of insertion shall not be relevant as to the question of commission of the crime;

"Victim"

A person alleging to have been subjected to offenses proscribed by this act.
Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations on all cases that involve Invasion of Privacy. Call Now—(856) 812-0321.

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