On appeal from the Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 10-06-01372.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Carchman and Baxter.
Following an unsuccessful motion to dismiss the indictment against
him, defendant John T. Parsons entered a plea of guilty to one count
of invasion of privacy, N.J.S.A. 2C:14-9c. The judge sentenced
defendant to a suspended sentence of eighteen
months' imprisonment, together with mandated fines and penalties.
Defendant appeals from the denial of his motion to dismiss.*fn1
The underlying facts are not in significant dispute. Defendant and the victim, J.B., a school teacher, "met"*fn2 through an online dating service. In September 2009, the parties' relationship consisted of phone conversations, text messages, as well as internet conversations. In addition, the parties exchanged photos of one another, including photos of themselves both clothed and unclothed. As to the photos, the parties understood that they were not to be sent or displayed to others.
The relationship was short-lived as, in November 2009, defendant ended the relationship with J.B. because defendant renewed a relationship with his former girlfriend. Apparently, J.B. reacted angrily and "told defendant off."
Defendant reacted poorly and threatened to send the nude pictures of J.B. to her employer at the public school where she taught. Defendant followed up on his threat and forwarded the pictures to the school, notifying them that "you have an educator there that is . . . not proper."
Thereafter, J.B. informed the Atlantic County Prosecutor, who investigated the case. Defendant was identified as the sender of the photographs. The investigation included a phone call to defendant, who admitted sending the photographs to both the Superintendent of Schools and J.B.'s school. In the call, defendant also admitted that he and J.B. had exchanged the photographs with the understanding that they were not to be sent to anyone else. "The pictures were for his eyes only." In response to the investigating officer's inquiry as to whether J.B. gave permission to defendant to display the pictures to anyone else, J.B. responded in the negative.
Ultimately, defendant was charged, and following his unsuccessful motion to dismiss, he entered a plea. This appeal followed.
On appeal, defendant raises the following issues:
AS A MATTER OF LAW, THE STATE HAS FILED [sic] TO PRESENT THE FACTS SATISFYING THE ELEMENTS NECESSARY FOR A VIOLATION OF INVASION OF PRIVACY UNDER N.J.S.A. 2C:14-9C, ACCORDINGLY, THE ...