Lawmaker Proposes Boosting Penalties on Privacy Laws After Clementi Death

In light of the death of Ridgewood teen and Rutgers freshman Tyler Clementi, some of the state's political leaders are saying stricter anti-bullying and privacy laws are critically needed.

State Sen. Shirley Turner (D-Milburn) has proposed legislation to increase current privacy invasion laws. Invasion of privacy is a third-degree offense carrying a maximum penalty of three to five years imprisonment and a fine of up to $15,000. Turner wants the crime to be a second-degree offense with a possible term of imprisonment from five to 10 years, in addition to a possible $150,000 fine.

The act of illegally distributing images, film or video without a subject's knowledge would also be upgraded to a second-degree crime.

Two Rutgers students have been charged under the current law, for allegedly webcasting Clementi having sexual relations with another man. After that came to light, Clementi jumped to his death off the George Washington Bridge. The two students–Dharun Ravi and Molly Wie, both 18–couldn't be retroactively charged under Turner's proposed harsher legislation. However, prosecutors are still working to determine whether additional charges might be appropriate.

"We need to send a loud and clear message that we are serious about this," Turner said in an interview with Patch.

Prosecutors haven't publicly ruled out hate crime charges for the two accused Rutgers students. But Turner said her proposed legislation is not LBGT (lesbian, gay, bisexual and transgendered)-specific.

"I don't know whether it was a hate crime or not," she said of the Clementi incident. "But there is no doubt in my mind that there was an invasion of privacy. Whether it's in a college campus, or in one's home or in a hotel room, motel room or car–that should not occur. Regardless of whether it's a heterosexual couple or a homosexual couple."

With technology becoming more prevalent with each passing day and in the hands of more youth and young adults, Turner said, young people just don't grasp the consequences of privacy-violating actions. Some "think of it as a joke" she said, adding there's very often a disconnect between the digital world and the real one.

"If it's known that there are some harsh consequences as a result of violating privacy acts, then they'll be more likely to think about it a little more seriously before engaging in this kind of behavior," the Milburn legislator said. "I'm just hoping we can get this signed into law quickly so we don't have to worry about this happening again."

Other notable political leaders have also issued responses to the incident, which has elicited considerable national conversation on the impacts of cyberbullying.

Assemblywomen Valerie Vainieri Huttle (D-Bergen) and Mary Pat Angelini (R-Monmouth) issued a statement on Thursday to bring awareness to their upcoming legislation on combating bullying–the "Anti-Bullying Bill of Rights"–slated to be introduced in October.

The assemblywomen said that the bill, if passed, would create "a new national paradigm for anti-bullying reform."

The statement adds that although there are anti-bullying laws in New Jersey, given the amount of suicides committed nationwide, "clearly more work needs to be done."

The asssemblywomen have been working with leading education, anti-bullying and child welfare experts to help draft the bill, as well as with Garden State Equality and the New Jersey Coalition for Bullying and Awareness and Prevention to set clearer measures to prevent bullying in schools.

"We can–and must–do better with the resources we have and, with that in mind, we believe our bill will get significant bipartisan support. The education and lives of our students hang in the balance," the letter said.

If New Jersey's hate-crime law is applied in the case against Ravi and Wie, a charge of bias intimidation could be filed against the suspects. This would upgrade the third-degree privacy invasion charges to second-degree crimes, doubling the maximum penalty for each count to 10 years in prison. 

Gov.  Chris Christie,  has said that he would leave the decision to add hate crime charges up to Attorney General Paula Dowd.

No court dates have been scheduled for either defendant.

The family issued a statement on Friday in response to the national discussion that has emerged: "We understand that our family's personal tragedy presents important legal issues for the country as well as us. Regardless of legal outcomes, our hope is that our family's tragedy will serve as a call for compassion, empathy, and human dignity."