The Sanders Firm, P.C.: Offenses Against Right to Privacy
At The Sanders Firm, P.C. we are well aware that our right to privacy is one that is considered sacred. If you have been charged under Article 250 New York Penal Law, it is important to protect your rights in relationship to the United States Constitution, which guarantees due process and a fair and speedy trial. On this page, you will find offenses against right to privacy outlined.
Offenses Against the Right to Privacy
There are various offenses against the right to privacy. Such violations of the law usually involve the use of some type of electronic monitoring or surveillance device. In violating a person’s right to privacy, a person is committing a criminal act. The United States Supreme Court has found that the United States Constitution implicitly protects us from the government’s unwarranted intrusions into our privacy. This protection also extends to individuals violating that right.
Criminal acts related to offenses against right to privacy include eavesdropping, tampering with private communications, and unlawful surveillance. There are a dozen charges and degrees of such charges under Article 250 New York Penal Law.
Eavesdropping is the unlawful use of electronic devices to monitor and record a person’s private conversations. Additionally, it is unlawful to be in possession of eavesdropping devices and if a telephone or telegraph company is aware of illegal wiretapping, it is against the law for them to not report such actions. Unlawfully obtaining communication information is also a crime, as is failure to report criminal communications.
Unlawful surveillance involves the use of surveillance equipment. It is described in part in New York Penal Law as using such devices for “another person’s amusement, entertainment, or profit, or for the purpose of degrading or abusing a person, he or she intentionally uses or installs, or permits the utilization or installation of an imaging device to surreptitiously view, broadcast or record a person dressing or undressing or the sexual or other intimate parts of such person at a place and time when such person has a reasonable expectation of privacy, without such person’s knowledge or consent.” This is a class E felony.
Dissemination of an unlawful surveillance image in the first degree, which includes the sharing of sexual images that have been unlawfully obtained, is a class E felony.
Protecting Your Rights
The Sanders Firm, P.C. believes that if you have been arrested and charged with an offense against right to privacy, you must protect your rights as a defendant; these include your Miranda rights. You have a right to consult with a lawyer prior to being questioned by law enforcement. You also have the right to have your attorney present when you are being questioned by law enforcement. Anyone charged with a crime is innocent until proven guilty in a court of law. You want to give yourself the best chance of being found not guilty and in order to do so you must preserve all of your rights, including those to due process and to a fair and speedy trial. A knowledgeable and experienced criminal defense attorney will make sure this happens.
Justice for You
The Sanders Firm, P.C. in New York believes in the rights of those accused of violating someone’s right to privacy. If you have been charged with offenses related to right to privacy, contact us. In the criminal justice system of New York, we will be your voice for justice.