pleaded guilty to two counts of felony invasion of privacy for using a spycam to video tape and record his step child in various stages of undress in the bathroom and bedroom of our home? This was discovered in 2009 and he was sentenced in 2010. I am considering a suit for damages including emotional distress on behalf of my child (who is now an adult), my other children and myself.
This is in New Jersey.
Actions for invasion of privacy in New Jersey are governed by New Jersey's statute of limitations, which is N.J.S.A. 2A:14-2. This statute generally provides that a lawsuit must be filed within two years of discovery of the offense. However, N.J.S.A. 2A:14-21 permits tolling of claims that belong to minors, and generally allows a lawsuit to be filed within two years of your child turning 18.
These are the general rules that apply, and the specific facts of your case may affect this advice. You should consult with an attorney as soon as possible so that your rights are not prejudiced by a failure to act timely.
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There is a two year statute of limitations. The statute would run from when the child reached the age of 18.
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