Invasion of Privacy in New Jersey

N.J.S.A. 2C:14-9 · Sex Offenses & Offenses Involving Children

What the law says

The section prohibits unauthorized observation or recording of another person in circumstances where the person may expose intimate parts or engage in sexual penetration or sexual contact, or would not reasonably expect to be observed. It also prohibits unauthorized recording of undergarment-clad intimate parts and disclosure, without consent, of specified images taken in violation of the section.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:14-9, that means:

• For observation under subsection a., the actor knew that he was not licensed or privileged to observe; a reasonable person would know that the other person may expose intimate parts or engage in sexual penetration or sexual contact; the actor observed the person without that person's consent; and a reasonable person would not expect to be observed.
• For recording under subsection b.(1), the actor knew that he was not licensed or privileged to do so; he photographed, filmed, videotaped, recorded, or otherwise reproduced the image of a person whose intimate parts were exposed or who was engaged in sexual penetration or sexual contact; the person did not consent; and a reasonable person would not expect to be observed.
• For recording under subsection b.(2), the actor knew that he was not licensed or privileged to do so; he photographed, filmed, videotaped, recorded, or otherwise reproduced the image of another person's undergarment-clad intimate parts without that person's consent; and a reasonable person would not expect to have his undergarment-clad intimate parts observed.
• For disclosure under subsection c., the actor knew that he was not licensed or privileged to do so and disclosed, without the person's consent, a photograph, film, videotape, recording, or other reproduction taken in violation of subsection b. depicting a person engaged in sexual penetration or sexual contact, a person whose intimate parts are exposed, or another person's undergarment-clad intimate parts.

How the charge is graded

• Subsection a.: crime of the fourth degree.
• Subsection b.(1): crime of the third degree.
• Subsection b.(2): crime of the fourth degree.
• Subsection c.: crime of the third degree.

Penalties in the statute

• Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine not to exceed $30,000 may be imposed for a violation of subsection c.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

Other rules that can matter

• 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 specified in subsection a., b., or c., and the actor acted with a lawful purpose.
• It is not a violation of subsection a. or b. to observe another person in the access way, foyer or entrance to a fitting room or dressing room operated by a retail establishment, or to photograph, film, videotape, record or otherwise reproduce the image of such person, if the actor conspicuously posts at the entrance prior notice of his intent to make the observations or reproductions.
• Disclosure in any manner of a photograph, film, videotape or recording of another person using a fitting room or dressing room is a violation of subsection c., except disclosure to law enforcement officers in connection with a criminal prosecution; pursuant to subpoena or court order for use in a legal proceeding; or to a co-worker, manager or supervisor acting within the scope of his employment.
• It is a violation of subsection a. or b. to observe or record another person in a private dressing stall of a fitting room or dressing room operated by a retail establishment.
• A law enforcement officer, or a corrections officer or guard in a correctional facility or jail, engaged in the official performance of his duties is deemed licensed or privileged to make and disclose observations, photographs, films, videotapes, recordings or any other reproductions.
• 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.
• For subsection c., “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.
• For subsection c., “intimate parts” has the meaning ascribed to it in N.J.S.2C:14-1.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Challenging the reliability and consistency of the allegations
• Forensic review of digital evidence, devices, and timelines
• Suppression of statements and evidence from unlawful searches
• Addressing Megan's Law registration and parole supervision for life exposure in any negotiation

What to do right now

1. Don't discuss the facts with police, the alleged victim, or anyone on a jail phone or social media.
2. Write down everything you remember, including names, times, and locations.
3. Keep every document you received, such as the complaint, summons, and release conditions.
4. Follow all release and no-contact conditions exactly.
5. Call a New Jersey criminal defense lawyer before your first court date.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Invasion of Privacy charge.

Related charges

• Luring or Enticing a Child →
• Sexual Assault →
• Criminal Sexual Contact →
• Lewdness →
• Endangering the Welfare of a Child →
• Child Pornography (Child Sexual Abuse Material) →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.