Notmiki, what sentence would you pass if you were the judge there?
If I were a judge, I'd be bound by the law of NJ. I would have the choice of sentencing with a fine or a term of imprisonment. Because the crime was so harmful to the victim, I'd be inclined to impose imprisonment. How long depends on the extent to which the people involved thought that their actions would harm the victim. If they were acting with real malice, I'd impose the maximum penalty: 5 years with a 2.5 mandatory minimum. I think they probably weren't, but that doesn't outweigh the harm they caused, and they definitely had to have known that this would harm their victim to
some degree, so I'd probably impose a 3 year sentence with no mandatory minimum. As an aside, I think this is about right for punishment even if I weren't bound by the law of NJ.
Here are the relevant bits of NJ law:
2C:14-9. Invasion of privacy, degree of crime; defenses, privileges2C:14-9(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.
2C:43-6 Sentence of imprisonment for crime; ordinary terms; mandatory terms.(a) Except as otherwise provided, a person who has been convicted of a crime may be sentenced to imprisonment, as follows:
(3)In the case of a crime of the third degree, for a specific term of years which shall be fixed by the court and shall be between three years and five years;
(b)As part of a sentence for any crime, where the court is clearly convinced that the aggravating factors substantially outweigh the mitigating factors, as set forth in subsections a. and b. of 2C:44-1, ...the court may fix a minimum term not to exceed one-half of the term set pursuant to subsection a., or one-half of the term set pursuant to a maximum period of incarceration for a crime set forth in any statute other than this code, during which the defendant shall not be eligible for parole....
2C:44-1 Criteria for withholding or imposing sentence of imprisonment.(a) In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court shall consider the following aggravating circumstances:
(1) The nature and circumstances of the offense, and the role of the actor therein, including whether or not it was committed in an especially heinous, cruel, or depraved manner;
(2) The gravity and seriousness of harm inflicted on the victim, including whether or not the defendant knew or reasonably should have known that the victim of the offense was particularly vulnerable or incapable of resistance due to advanced age, ill-health, or extreme youth, or was for any other reason substantially incapable of exercising normal physical or mental power of resistance;
(b) In determining the appropriate sentence to be imposed on a person who has been convicted of an offense, the court may properly consider the following mitigating circumstances:
(2) The defendant did not contemplate that his conduct would cause or threaten serious harm;
EDIT: god, I'm such a law dork.
