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Old 09-30-2010, 10:31 AM
 
Location: Texas State Fair
8,560 posts, read 11,218,878 times
Reputation: 4258

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Quote:
Originally Posted by Zimbochick View Post
I thought you were a lawyer? Allegedly. Perhaps you could use your inside knowledge to show us the ENTIRE statute?
Quote:
New Jersey Statutes - Title 2A Administration of Civil and Criminal Justice - 2A:58D-1 Invasion of privacy with photographs, films, videotapes, liability, civil action; damages, costs

Legal Research Home > New Jersey Lawyer > Administration of Civil and Criminal Justice > New Jersey Statutes - Title 2A Administration of Civil and Criminal Justice - 2A:58D-1 Invasion of privacy with photographs, films, videotapes, liability, civil action; damages, costs

2A:58D-1. Invasion of privacy with photographs, films, videotapes, liability, civil action; damages, costs
2. a. An actor who, without license or privilege to do so, 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, shall be liable to that person, who may bring a civil action in the Superior Court.

b. An actor who, without license or privilege to do so, discloses any photograph, film, videotape, recording or any other reproduction of 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, shall be liable to that person, who may bring a civil action in the Superior Court. For purposes of this section, "disclose" means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer.

c. The court may award:

(1) actual damages, but not less than liquidated damages computed at the rate of $1,000.00 for each violation of this act;

(2) punitive damages upon proof of willful or reckless disregard of the law;

(3) reasonable attorney's fees and other litigation costs reasonably incurred; and

(4) such other preliminary and equitable relief as the court determines to be appropriate.

L.2003,c.206,s.2.
Apparently New Jersey statutes are in high demand these days, producing several links at the top of a search.

Google > New Jersey invasion-of-privacy statutes

I guess the question here is what were actual damages and what would be equitable relief?

Last edited by Willsson; 09-30-2010 at 10:49 AM..
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Old 09-30-2010, 10:39 AM
 
Location: New Jersey
297 posts, read 520,139 times
Reputation: 384
I'm shocked by how many people here think that secretly filming your roommate having sex isn't morally and criminally wrong. How would you feel if someone filmed you having sex? Taking a shower? Going to the bathroom? Changing?

And for all the people who say, "Being gay isn't a big deal. People don't care." Considering that gay marriage is only legal in 5 states plus DC and Don't Ask, Don't Tell wasn't repealed, I'm going to say that people are still making a big deal out of someone being gay. Also, most people (straight or gay) would be upset about their sex act being broadcast online. They could easily be sent to thousands of people, your friends, family, employers, neighbors could see it, etc.

And yes, even in college, you have the right to privacy! I think all the insensitive comments here are a result of homophobia.
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Old 09-30-2010, 10:39 AM
 
Location: Geneva, IL
12,980 posts, read 14,570,903 times
Reputation: 14863
Quote:
Originally Posted by tofurkey View Post
Apparently New Jersey statutes are in high demand these days, producing several link at the top of a search.

Google > New Jersey invasion-of-privacy statutes
I did Google it myself, but thank you for the link. I guess you missed the part where the poster was refuting the content of the statute.
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Old 09-30-2010, 10:40 AM
 
42,732 posts, read 29,894,256 times
Reputation: 14345
Quote:
Originally Posted by sanrene View Post
Contemplating suicide would be indicative of a troubled mind. I think it is on topic.

To take that "out" because he was filmed with a man is a bit extreme.
I don't think anyone is arguing with you or other posters that are saying that this young man was troubled. I certainly didn't suggest otherwise.

But I do think posters implying that there is an argument where there isn't is going a little off-topic.
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Old 09-30-2010, 10:42 AM
 
42,732 posts, read 29,894,256 times
Reputation: 14345
Quote:
Originally Posted by Calvinist View Post
In your own home?
The statute is pretty explicit. Even in your own home you cannot record someone engaging in a sexual act without their consent.
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Old 09-30-2010, 10:44 AM
 
10,545 posts, read 13,589,909 times
Reputation: 2823
Very sad story. Unfortunately, I think we're going to see more stuff like this as people continue to carelessly, or worse in many cases, broadcast stuff over the internet, whether it's stuff like this or bullying.
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Old 09-30-2010, 10:47 AM
 
Location: Texas State Fair
8,560 posts, read 11,218,878 times
Reputation: 4258
Quote:
Originally Posted by traveler92 View Post
I'm shocked by how many people here think that secretly filming your roommate having sex isn't morally and criminally wrong. How would you feel if someone filmed you having sex? Taking a shower? Going to the bathroom? Changing?

And for all the people who say, "Being gay isn't a big deal. People don't care." Considering that gay marriage is only legal in 5 states plus DC and Don't Ask, Don't Tell wasn't repealed, I'm going to say that people are still making a big deal out of someone being gay. Also, most people (straight or gay) would be upset about their sex act being broadcast online. They could easily be sent to thousands of people, your friends, family, employers, neighbors could see it, etc.

And yes, even in college, you have the right to privacy! I think all the insensitive comments here are a result of homophobia.
I think this case, in a bare essence, is who can you trust?

Here's a couple of guys, away from home and matched up by the U in a dorm room where there are other strangers in rooms nearby.

Perhaps the victim exhibited more trust in his roommate than he should have. But then, they do spend several hours nightly in the company of one another in a semi-unconscious state. I would take the responses in this forum to be an exhibit of who can YOU trust?

Sad state of affairs. An early death of innocence. An end of civility.
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Old 09-30-2010, 11:07 AM
 
16,545 posts, read 13,459,609 times
Reputation: 4243
Kind of funny that Homosexuality is thought of as completely natural, but this kid kills himself over it. Why?
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Old 09-30-2010, 11:17 AM
 
1,364 posts, read 2,918,101 times
Reputation: 813
Quote:
Originally Posted by sanrene View Post
'Cuse me, but the very notion that having a sexual encounter broadcast causes one to take the plunge to end their life is indicative of mental instability at the very least.
Stop with this mental instability bs. There is a social stigma associated with being a homosexual that some people would have a very hard time accepting. Perhaps he had fears that his family would disown him now that he was outed? Maybe he had fears that he would face discrimination, harassment, threats, and physical harm now that people knew he liked guys? He was basically raped of his privacy and that could very well mess somebody up a bit.

Quote:
Originally Posted by [B
betamanle[/b]t;16091874]The roommate had a right to be in the room at all times. Would the guy had killed himself had the roommate actually been there?

This guy was mentally ill. It sucks, but that's life. He killed himself. THe roommate was a douche. That's part of life. My roomate once punched me in the balls so hard I vomited. Did I open the window and jump out?
You are honestly going to compare getting hit in the balls to somebody's private personal life being broadcast without their consent? Wow. There's a social stigma associated with homosexuality that can be very hard for people, especially young folks, to handle. He didn't ask to have the fact that he liked guys to become public knowledge. To compare getting hit in the balls to somebody getting outed without their consent and have it broadcast on the net is pretty asinine.

Quote:
Originally Posted by SourD View Post
Kind of funny that Homosexuality is thought of as completely natural, but this kid kills himself over it. Why?
Stop being dense, you know the answer to that.
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Old 09-30-2010, 11:22 AM
 
16,545 posts, read 13,459,609 times
Reputation: 4243
Quote:
Originally Posted by R.J. MacReady View Post
Stop with this mental instability bs. There is a social stigma associated with being a homosexual that some people would have a very hard time accepting. Perhaps he had fears that his family would disown him now that he was outed? Maybe he had fears that he would face discrimination, harassment, threats, and physical harm now that people knew he liked guys? He was basically raped of his privacy and that could very well mess somebody up a bit.



You are honestly going to compare getting hit in the balls to somebody's private personal life being broadcast without their consent? Wow. There's a social stigma associated with homosexuality that can be very hard for people, especially young folks, to handle. He didn't ask to have the fact that he liked guys to become public knowledge. To compare getting hit in the balls to somebody getting outed without their consent and have it broadcast on the net is pretty asinine.




Stop being dense, you know the answer to that.
You can have your opinion and I can have mine. Homosexuality causes mental peoblems or vice versa. These people just can't live with themselves if people know. Then why do it? Why don't they just end it all before they get caught if it bothers them so much?
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