New Jersey criminal charge
Invasion of privacy, degree of crime; defenses, privileges in New Jersey
Invasion of privacy, degree of crime; defenses, privileges is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:14-9. Its classification is not fixed: New Jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by N.J.S.A. 2C:14-9.
What is the penalty for invasion of privacy, degree of crime; defenses, privileges in New Jersey?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 18 months (Observation of intimate parts/sexual conduct without consent — Applies when a person, without license or privilege, observes another exposing intimate parts or engaging in sexual penetration/contact without consent under circumstances where observation would not be expected.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Observation of intimate parts/sexual conduct without consent — Applies when a person, without license or privilege, observes another exposing intimate parts or engaging in sexual penetration/contact without consent under circumstances where observation would not be expected.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Photographing/recording exposed intimate parts or sexual conduct — Applies when a person photographs, films, or records another's exposed intimate parts or sexual conduct without consent under circumstances where observation would not be expected.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Photographing/recording exposed intimate parts or sexual conduct — Applies when a person photographs, films, or records another's exposed intimate parts or sexual conduct without consent under circumstances where observation would not be expected.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | up to 18 months (Photographing/recording undergarment-clad intimate parts — Applies when a person photographs or records another's undergarment-clad intimate parts without consent under circumstances where such observation would not be expected.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | discretionary | N.J.S.A. 2C:43-6 |
| Fine | up to $10,000 (Photographing/recording undergarment-clad intimate parts — Applies when a person photographs or records another's undergarment-clad intimate parts without consent under circumstances where such observation would not be expected.; or up to double gain/loss (2C:43-3)) | discretionary | N.J.S.A. 2C:43-6 |
| Jail / prison | 3 years to 5 years (Disclosure of unlawfully obtained image — Applies when a person discloses, without consent, an image of another's sexual conduct, exposed intimate parts, or undergarment-clad intimate parts that was taken in violation of subsection b.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs)) | presumptive | N.J.S.A. 2C:43-6 |
| Fine | up to $15,000 (Disclosure of unlawfully obtained image — Applies when a person discloses, without consent, an image of another's sexual conduct, exposed intimate parts, or undergarment-clad intimate parts that was taken in violation of subsection b.; or up to double gain/loss (2C:43-3); offense-specific ceilings may exceed) | discretionary | N.J.S.A. 2C:43-6 |
Applies to current.
How is invasion of privacy, degree of crime; defenses, privileges classified in New Jersey?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Observation of intimate parts/sexual conduct without consent | Crime of the Fourth Degree | Applies when a person, without license or privilege, observes another exposing intimate parts or engaging in sexual penetration/contact without consent under circumstances where observation would not be expected. | N.J.S.A. 2C:14-9undefined |
| Photographing/recording exposed intimate parts or sexual conduct | Crime of the Third Degree | Applies when a person photographs, films, or records another's exposed intimate parts or sexual conduct without consent under circumstances where observation would not be expected. | N.J.S.A. 2C:14-9undefined |
| Photographing/recording undergarment-clad intimate parts | Crime of the Fourth Degree | Applies when a person photographs or records another's undergarment-clad intimate parts without consent under circumstances where such observation would not be expected. | N.J.S.A. 2C:14-9undefined |
| Disclosure of unlawfully obtained image | Crime of the Third Degree | Applies when a person discloses, without consent, an image of another's sexual conduct, exposed intimate parts, or undergarment-clad intimate parts that was taken in violation of subsection b. | N.J.S.A. 2C:14-9undefined |
Common questions about invasion of privacy, degree of crime; defenses, privileges in New Jersey
What degree of offense is invasion of privacy, degree of crime; defenses, privileges in New Jersey?
It depends on the circumstances: invasion of privacy, degree of crime; defenses, privileges ranges from a Crime of the Fourth Degree to a Crime of the Third Degree in New Jersey under N.J.S.A. 2C:14-9.
Observation of intimate parts/sexual conduct without consent: Crime of the Fourth Degree (N.J.S.A. 2C:14-9) · Photographing/recording exposed intimate parts or sexual conduct: Crime of the Third Degree (N.J.S.A. 2C:14-9) · Photographing/recording undergarment-clad intimate parts: Crime of the Fourth Degree (N.J.S.A. 2C:14-9) · Disclosure of unlawfully obtained image: Crime of the Third Degree (N.J.S.A. 2C:14-9)
What are the penalties for invasion of privacy, degree of crime; defenses, privileges in New Jersey?
Penalties for invasion of privacy, degree of crime; defenses, privileges in New Jersey depend on how it is classified — from a Crime of the Fourth Degree up to a Crime of the Third Degree — with the ranges set by N.J.S.A. 2C:43-6; the full table of ranges by variant is published on this page.
Which New Jersey statute covers invasion of privacy, degree of crime; defenses, privileges?
Invasion of privacy, degree of crime; defenses, privileges is governed by N.J.S.A. 2C:14-9 (Invasion of privacy, degree of crime; defenses, privileges).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.