Quote:
Originally Posted by DJ's left nut
Yeah.
The poor bastard will have to go to Seton Hall.
The message you're sending is that, if you're young, intelligent, at least semi-affluent and 'immature', then we're just not going to enforce the law as to you. Throwing the kid out of school is a University decision. Community service is something you get when you're trying to get a speeding ticket listed as a non-moving violation.
What you're proposing doesn't even qualify as a slap on the wrist.
He violated a state law, plain as day, and in a very serious manner. That state law proscribes jail time.
Even if you don't agree with me that the full 5 years is appropriate, I have no idea how you can say he should essentially go unpunished by the state.
|
Stop. You likely have a first time offender, with a 4th degree crime. 99% of the time it's just intervention.
The victim stated in the online chat room that he was certain the roommate saw nothing except kissing. It looks like the 3rd degree crime is tossed since there was no image of exposed private parts, no image of sexual penetration or contact.
1. a. An actor commits a crime of the fourth degree 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 expose intimate parts or may engage in sexual penetration or 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.
b. An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he 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.
c. An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he 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, unless that person has consented to such disclosure. For purposes of this subsection, "disclose" means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine not to exceed $30,000 may be imposed for a violation of this subsection.