Invasion of Privacy

New Jersey Criminal Defense Attorney Defending Those Accused of Sex Crimes

Tracy L. Denholtz regularly represents clients throughout New Jersey who are accused of Sex Offenses, such as: Sexual Assault, Aggravated Sexual Assault, Criminal Sexual Contact, and Invasion of Privacy. A conviction for a Sex Offense can have dire consequences: it can expose you to a lengthy state prison term and can come with a host of collateral consequences such as sex offender registration, parole supervision for life, and a psychosexual evaluation. It can also impact employment, housing, finances, education, reputation, and relationships. Because of this, it is crucial to have an experienced, skilled, and aggressive attorney by your side.

Ms. Denholtz is a fierce criminal defense trial attorney with over a decade of experience. Ms. Denholtz offers relentless advocacy, strategic defense, and exceptional service to clients accused of Sex Offenses throughout New Jersey. At Denholtz Criminal Defense, you can trust that your case will receive the meticulous attention and tireless advocacy it deserves. If you or a loved one are facing Sex Offense charges, Ms. Denholtz is ready to fight for you. Contact Denholtz Criminal Defense today for your FREE consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.

Invasion of Privacy

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

Invasion of Privacy:

Observing Intimate Parts of Another Without Consent: Under N.J.S.A. 2C:14-9(a)(1), an actor commits a crime of the 4th degree if, knowing that he is not licensed or privileged to do so, and under circumstances in which a reasonable person would know that another may expose intimate parts or may engage in sexual penetration or sexual contact, he observes another person without that person's consent and under circumstances in which a reasonable person would not expect to be observed.

4th Degree Offense: Invasion of privacy under N.J.S.A. 2C:14-9(1)(a) is a 4th degree offense, which is punishable by up to 18 months in New Jersey State Prison.

Photographing or Videotaping Sexual Conduct of Another Without Consent: Under N.J.S.A. 2C:14-9(b)(1), an actor commits a crime of the 3rd degree if, knowing that he is not licensed or privileged to do so, he 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.

3rd Degree Offense: Invasion of Privacy under N.J.S.A. 2C:14-9(b)(1) is a crime in the 3rd degree, which is punishable by up to 5 years in New Jersey State Prison.

Photographing or Filming Person In Undergarments Without Consent: Under N.J.S.A. 2C:14-2(b)(2), an actor commits a crime of the 4th degree if, knowing that he is not licensed or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of the undergarment-clad intimate parts of another person, without that person's consent and under circumstances in which a reasonable person would not expect to have his undergarment-clad intimate parts observed.

4th Degree Offense: Invasion of privacy under N.J.S.A. 2C:14-2(b)(2) is a crime of the 4th degree, which is punishable by up to 18 months in New Jersey State Prison.

Disclosing Photograph or Film Sexual/Intimate Nature to Others Without Consent: Under N.J.S.A. 2C:14-2(c), an actor commits a crime of the 3rd degree if, knowing that he is not licensed or privileged to do so, he discloses any photograph, film, videotape, recording or any other reproduction of the image, taken in violation of subsection b. of this section, of: (1) another person who is engaged in an act of sexual penetration or sexual contact; (2) another person whose intimate parts are exposed; or (3) another person's undergarment-clad intimate parts, unless that person has consented to such disclosure.

3rd Degree Offense: Invasion of Privacy under N.J.S.A. 2C:14-9(c) is a crime in the 3rd degree, which is punishable by up to 5 years in New Jersey State Prison.

Invasion of Privacy Definitions:

“Disclose” Defined: For purposes of this subsection, "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 no.

“Intimate Parts” Defined: For purposes of this subsection, "intimate parts" has the meaning ascribed to it in N.J.S. 2C:14-1 (i.e., “intimate parts” means the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock or breast of a person).

Invasion of Privacy Affirmative Defenses:

Affirmative Defenses: It is an affirmative defense to a crime under this section that: (1) 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 (2) the actor acted with a lawful purpose.

*NOTE RE: Fitting Rooms and Dressing Rooms: Under N.J.S.A. 2C:14-9(e)(1), it shall not be 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 to the fitting room or dressing room prior notice of his intent to make the observations, photographs, films, videotapes, recordings or other reproductions.

It shall be a violation of subsection c. to disclose in any manner any such photograph, film, videotape or recording of another person using a fitting room or dressing room except under the following circumstances:

(a) to law enforcement officers in connection with a criminal prosecution;

(b) pursuant to subpoena or court order for use in a legal proceeding; or

Under N.J.S.A. 2C:14-9(f), it shall be a violation of subsection a. or b. to observe another person in a private dressing stall of a fitting room or dressing room operated by a retail establishment or to photograph, film, videotape, record or otherwise reproduce the image of another person in a private dressing stall of a fitting room or dressing room.

Contact a New Jersey Sex Crimes Defense Lawyer for a Free Consultation

Sex Offense cases are very nuanced and highly specialized. If you or a loved one are facing Sex Offense charges, it is crucial to hire an experienced criminal defense attorney.

At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation. No matter what the allegations, Ms. Denholtz will provide an honest and detailed evaluation of your case, outline the best legal options available, and craft a defense strategy designed to achieve the best possible result for your unique situation. Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.