Invasion of Privacy in the Digital Age
Posted April 13th, 2016 by Anthony Carbone, PC.
Categories: Criminal Defense.
The majority of us are on some type of social media platform. Whether it’s Facebook, Twitter, Snapchat, or Instagram, our personal information is put on display for all the world to see. All these sites have some sort of privacy settings so you’re able to, say, share a picture with only a specific number of followers. But when can you say it’s an invasion of your privacy?
When you think of an invasion of privacy, you may think of the peeping tom looking into the bedroom window of his neighbor’s daughter. But in this day and age, it means much more than that. For instance, you just had a nasty falling out with your boyfriend that lead to a break up. You’re pretty steamed at how things ended and decide you’re going to exact some revenge. So you post some scandalous photos of your ex naked. A few months later, you’re slapped with an invasion of privacy charge. How can this happen?
According to New Jersey law N.J.S.A. 2C:14-9, there are three types of conduct that will get you arrested for invasion of privacy:
- If the person had observed someone engage in sexual activity or expose intimate parts and was unauthorized to view such content.
- If the person was unauthorized to photograph, record, or videotape images of sexual activity or exposure of intimate parts.
- If the person was unauthorized to disclose images of sexual activity. In this case, “disclose” means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, present, exhibit, advertise, disseminate, or offer.
The penalties for invasion of privacy depends on which type you are accused of. In the scenario above, the person had violated the third type by publishing an unauthorized sexual image on social media. That person faces a third degree crime and carries a sentence of up to five years in prison and up to a $30,000 fine.
Many people forget just how public social media can be. Just one silly picture of a night out could cost you a possible job or get you into criminal trouble. Be careful what you put out on your social media because it might haunt you for the rest of your life.
If you get in trouble with the law in New Jersey, we can help. Contact the Law Offices of Anthony Carbone today for a free consultation.