by Linda Straker
- 28-year-old man charged under Section 10 of Electronic Crimes Act
- 30 months to pay EC$50,000 fine for violating privacy of a female
- 12 months to be serviced in prison if 1-year suspended sentence is breached
A 28-year-old man who was charged under Section 10 of the Electronic Crimes Act, was on Wednesday, 23 September 2020 ordered to pay the court EC$50,000 after he pleaded guilty to violating the privacy of a female – his former intimate partner.
Jamar Griffith, who is a Night Auditor from the village of Café, St George, pleaded guilty to the charge of Violation of Privacy at the St George’s Magistrate’s Court. He has 30 months to pay the fine. Along with the fine he was also placed on a 1-year suspended sentence.
“As part of his sentence he must attend Anger Management and the Man to Man Programme, failing which, he will be in breach of the suspended sentence,” said a news release from the Community Relations Department of the Royal Grenada Police Force (RGPF).
If Griffith is found to be in breach of the suspended sentence, he will serve 12 months in prison.
The court learned that Griffith publicly published photos of his former intimate partner without her consent using various electronic platforms, in violation of the section of law which covers “Violation of Privacy.”
The section states: A person who, knowingly or without lawful excuse or justification, captures, publishes or transmits the image of a private area of a person without his or her consent, under circumstances violating the privacy of that person, commits an offence and is liable on summary conviction to a fine not exceeding $200,000 or to a term of imprisonment not exceeding 3 years or to both.
(2) For the purposes of this section–
(a) “transmit” means to electronically send a visual image with the intent that it be viewed by a person or persons;
(b) “capture” with respect to an image, means to videotape, photograph, film or record by any means;
(c) “private area” means the naked or undergarment clad genitals, pubic area, buttocks or female breast;
(d) “publishes” means reproduction in the printed or electronic form and making it available for public;
(e) “under circumstances violating privacy” means circumstances in which a person can have a reasonable expectation that –
i) he or she could disrobe in privacy, without being concerned that an image or his or her private area was being captured;
ii) any part of his or her private area would not be visible to the public, regardless of whether that person is in a public or private place.