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New Jersey Revenge Porn Charges & Restraining Orders

Published: August 14, 2019

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Looking for a NJ Revenge Porn Lawyer Near You?

Charged with NJSA 2C:14-9 New Jersey best defenseThe frequency of intimate photos among couples has led to a new and striking phenomenon known as “revenge porn.”  In response to the growing number of revenge porn cases, New Jersey enacted the first law in the country that that criminalizes revenge porn and similar invasions of privacy. Here is what you should know about revenge porn crimes in New Jersey and how this type of nonconsensual pornography (NCP), can even provide a basis for entry of a restraining order, in addition to criminal charges. If you have been accused of publishing revenge porn or someone you previously dated published revealing photos of you without your permission, contact our experienced New Jersey revenge porn lawyers to find out your rights. We can assist you with a criminal case and/or a domestic violence case involving revenge porn in Bergen County, Essex County, Morris County, Passaic County, and virtually every county in New Jersey. Call (908)-336-5008 now or contact us online for a free consultation.

What is Revenge Porn?

Some couples film themselves engaging in particularly intimate acts and perhaps, deciding to put them on camera for various reasons. Many other couples, acquaintances, or recently dating individuals exchange DMs, snaps, or photos of themselves in various stages of undress or in other vulnerable positions. Unfortunately, many people also find themselves involved in acrimonious breakups. This can be a disastrous confluence of events, particularly when one person decides to use the photos or videos of the other without their consent to hurt them. This is called revenge porn, a type of nonconsensual pornography. New Jersey now has laws against revenge porn, making it a criminal offense that can lead to serious consequences. In addition, revenge porn may be considered an act of domestic violence that provides grounds for a restraining order.

Revenge Porn Laws in New Jersey: NJSA 2C:14-9

The act of distributing pornographic images or video of someone without their consent, particularly in the context of a breakup, is often referred to as revenge porn. In New Jersey, revenge porn constitutes a criminal invasion of privacy. Specifically, New Jersey statute section NJSA 2C:14-9 prohibits:

  • non-consensual recording (video or still image) of a person’s “intimate parts,”
  • disclosure of such a non-consensual recording; and
  • posting or other distribution of such a recording without the other person’s consent.

This law applies regardless of whether the person being recorded consented to the recording itself at the time the recording was made, if the actor subsequently discloses or posts the recording without their consent. The statute broadly defines “intimate parts” to include a person’s genitals, sexual organs, buttocks, breasts, inner thighs, groin, and anal areas.

In practical terms, if someone voluntarily “sexted” or engaged in similar behavior with you when you were a couple, but then you break up and decide to post the pornographic images or videos from back when you were a couple to get back at your former partner, that non-consensual distribution of the pornographic material is a crime. Distributing revenge porn is technically considered an invasion of privacy. It may also constitute harassment under NJ law.

What are the Penalties for Revenge Porn in NJ?

The non-consensual recording, photography, or similar recording of a person’s intimate parts or engagement sexual activity is a third degree crime in New Jersey. So is non-consensual disclosure of such a recording, even if that recording may have originally been made with the consent of the victim. A conviction for these crimes can result in 3-5 years in prison and a fine of up to $15,000. You may also be susceptible to a civil lawsuit for invasion of privacy, which can lead to hefty monetary penalties against you.

Facing a Restraining Order for Revenge Porn in New Jersey

Distributing revenge porn can also result in the entry of a restraining order against you. For example, sharing intimate photos or recordings of someone can also be considered criminal harassment under New Jersey law, one of many crimes that fall under predicate acts of domestic violence. Provided that the victim was or is in a dating relationship with you, was or is married to you, was or is expecting a child with you, or formerly cohabitated with you, they may use your publishing photos of them to obtain a restraining order. With that said, you do not need to be in a special relationship with someone for them to request a no contact order. If either a restraining order or no contact order is issued against you, you are strictly prohibited from contacting or coming near the victim unless the order is subsequently removed. In other words, whether it is restraining order or a condition of your probation or parole, the court can order that you stay away the victim’s person, their home, or their place of work permanently.

Accused of Posting Revenge Porn in a NJ?

To speak with an experienced criminal and restraining order attorney about your New Jersey revenge porn case, contact us today at  (908)-336-5008. Consultations are free of charge and completely confidential.

Filed under: Domestic Violence Case Issues, Sex Crimes

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With offices in Hackensack, Morristown, Newark, Middletown, and New Brunswick, our lawyers can represent you anywhere in New Jersey and are available immediately to assist you at (908)-336-5008

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Travis J. Tormey is a distinguished member of the legal community and a respected legal resource on domestic violence. He has been featured in a variety of prominent publications and media outlets, including CBS radio, Aol News, the Asbury Park Press, NJ.com, and the Daily Record. Mr. Tormey has also been recognized as one of the the top criminal attorneys under 40 years of age by the National Trial Lawyers Association and the National Academy of Criminal Defense Attorneys. Whether representing victims or the wrongly accused, Travis remains passionately committed to protecting the rights of the innocent.

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The Tormey Law Firm LLC handles restraining order cases in Bergen County (Hackensack), Morris County (Morristown), Passaic County (Paterson), Union County (Elizabeth), Hudson County (Jersey City), Middlesex County (New Brunswick), Somerset County (Somerville), Sussex County (Newton), Essex County (Newark), Hunterdon County (Flemington), Mercer County (Trenton), Monmouth County (Freehold), Warren County (Belvidere), Ocean County (Toms River), Burlington County (Mount Holly), and throughout NJ.

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