In California, spying on or taking photos of someone in a private setting without their knowledge and consent is illegal. These offenses are often referred to as "Peeping Tom" crimes.
Also known as a "voyeur," it is typically a male who clandestinely observes people in private spaces, such as houses or rooms, often through windows at night, mainly for sexual gratification.
In California, there is no specific Penal Code Section addressing peeping toms and voyeurs. Instead, prosecutors rely on two similar disorderly conduct laws to file charges, as outlined below.
If found guilty of these offenses, the consequences can be severe, including a potential six-month jail sentence and a fine of up to $1000 per violation.
It's crucial to understand California's Peeping Tom laws, their implications, and potential defenses if you're facing such charges.
As mentioned, the Peeping Tom laws cover two related but distinct offenses in California law, both classified as misdemeanors. These offenses include PC 647(i) peeking while loitering and PC 647(j) invasion of privacy. Our California criminal defense lawyers will examine each in more detail below.
Peeking while Loitering Law - Penal Code 647(i) PC
Peeking while loitering, also called "prowling," is a misdemeanor disorderly conduct offense. Under PC 647(i), it is the classic and well-known "Peeping Tom" law.
A person can be charged with this crime if they look into another person's home (such as through a door or window) while staying on their private property without a valid reason for being there.
This offense requires the offender to be physically present on someone else's private property to be charged. Additionally, the offender doesn't need to see any private property; they only need to be attempting to do so.
To secure a conviction, the prosecution needs to prove several essential elements, including:
- You hesitated, stayed too long, or wandered onto someone's private property.
- You lacked a legal justification for being there; and
- You looked through a door or window of a building that is occupied.
A structure or building is deemed inhabited if it is used as a dwelling, regardless of whether anyone is inside at the time the alleged peeking occurs.
What are Some Examples of PC 647(i)
- If someone sneaks up to a private residence and looks through the window to see someone undressing, they can be charged with peeking while loitering-even if they didn't see anything. However, if the person is on the property for maintenance and happens to see someone dressing through the window, they are not guilty of the crime because they have a legitimate reason for being there.
- If someone is sunbathing nude in their backyard and a neighbor looks over the fence from their property, it does not count as peeking while loitering because a) the observer is on their own property and b) the sunbather is visible in public view.
Common Defenses Against Peeking While Loitering
Your attorney can defend you by showing you had a lawful reason for being on the property, such as not loitering, not intending to peek, the property being vacant at the time, or that you were not on private property.
Additionally, as previously mentioned, the prosecutor must establish multiple elements of the crime to secure a conviction. We might reasonably contest one or more of these factors, for example:
- You were not lingering around.
- The structure you examined was uninhabited.
Given the unique nature of each case, a meticulous examination of the details is necessary to devise a robust defense strategy.
Invasion of Privacy - Penal Code 647(j) PC
Invasion of privacy occurs when someone secretly intrudes, takes pictures, or records videos of another person in a place where they reasonably expect to be private.
Often, it involves capturing an image of someone's body underneath or through their clothing for sexual arousal or gratification.
In most cases, invading someone's privacy involves using devices such as binoculars, telescopes, or cameras to observe or record an individual in a private space, like a dressing room, without their permission.
Their usual goal is to observe their body parts or even their undergarments, often by discreetly inserting a cellphone under a female's skirt to quickly record a video or take a picture.
To establish a conviction under Penal Code 647(j) for invasion of privacy, the prosecution must demonstrate the following elements:
- You intentionally glanced through an opening or a hole.
- You examined the interior of a bedroom, bathroom, dressing room, or another area where privacy is generally expected.
- You used binoculars, a cell phone, a camera, a telescope, or another similar device, and
- You intended to invade someone's privacy when you looked.
What are some Examples of Examples of PC 647(j)?
- Taking secret photos of a woman's skirt from below.
- Peeking over the top of a bathroom stall while someone is inside.
- Installing a concealed camera in a dressing or locker room to record individuals without their knowledge.
- Using binoculars or a telescope to look at someone through their home windows.
This final example is intriguing because it almost functions as an extension of peeking while loitering.
If you're not on someone's private property while watching them, you cannot be charged with peeking while loitering. However, if you observe the same person from across the street using a telescope, you can be charged with invasion of privacy.
Common Defenses Against Privacy Invasion
To counter this allegation, your lawyer might try to show that you did not intend to invade someone's privacy or seek personal gratification from what you saw, that you had the person's consent to record or view them, or that the incident occurred in a place where there is no reasonable expectation of privacy.
The approach to contesting the charges will depend on the specifics of the invasion of privacy case.
Related California Crimes
Peeping Tom offenses often occur in conjunction with other criminal charges, depending on the specific circumstances of the case. Common related offenses include:
- Lewd Conduct (Penal Code 647(a) PC): Public sexual behavior, such as exposing genitals or masturbating while looking through a window, could lead to charges of lewd conduct, in addition to loitering for peeking.
- Trespassing (Penal Code 602 PC): Entering or staying on private property without permission or legal right constitutes trespassing. If there is not enough evidence to prove peeking while loitering, prosecutors might instead charge the individual with trespassing.
Does It Require Sex Offender Registration?
No, they usually do not. Although these crimes are often linked to sexual gratification, they can occur without that motive. If convicted of such peeping tom offenses, you will not have to register as a sex offender under California Penal Code 290 PC.
However, under California Penal Code 290.006 PC, the court may order you to register at its discretion if it finds that you committed these crimes due to sexual compulsion or for sexual gratification.
What Penalties May Apply?
Both PC 647(i), which involves peeking while loitering, and PC 647(j), invasion of privacy, are misdemeanor crimes in California. They carry the same penalties if convicted.
- Up to six months in county jail.
- A fine of up to $1,000 per violation, or
- A combination of jail time and a fine.
If the victim is a minor or the defendant has a prior conviction for PC 647(i), the penalties increase to up to one year in county jail and a fine of up to $2,000. The judge may choose to grant probation instead of jail time, but must impose specific conditions, including victim restitution.
If you have been charged under the Peeping Tom law discussed above, you should consult with experienced legal counsel to review your options. Cron, Israels & Stark is located in Los Angeles.
