Invasion of Privacy (Observing)
N.J.S.A. 2C:14-9(a)
Count ___ of the indictment charges the defendant with the crime of invasion of privacy.
[READ COUNT OF INDICTMENT.]
That section of our statutes provides in pertinent part:
A person commits a crime 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 [Choose as appropriate: (expose intimate parts) (engage in sexual penetration) (engage in 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.
To find defendant guilty of this offense, the State must prove beyond a reasonable doubt each of the following elements:
1. The defendant observed another person;
2. The defendant did so without that person’s consent;
3. The defendant did so knowing that he/she is not licensed or privileged to do so;
4. The defendant did so under circumstances in which a reasonable person would know that another may [Choose as appropriate: (expose intimate parts) (engage in sexual penetration) (engage in sexual contact)]; and
5. The defendant did so under circumstances in which a reasonable person would not expect to be observed.
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