Penal Code 647(j) PC – Criminal Invasion of Privacy
California Penal Code 647(j) PC makes unlawfully intruding on someone's privacy a misdemeanor. A conviction carries up to six months in county jail and a fine of up to $1,000.
Criminal invasion of privacy occurs when somebody secretly intrudes on or takes pictures or video recordings of someone in a place where they have a reasonable expectation of privacy.
This could include taking images of someone's body under or through their clothing for the purpose of sexual arousal or gratification. Often, criminal invasion of privacy involves using binoculars, a telescope, or a camera to view or record somebody in a private setting, including a dressing room.
Typically, the primary goal of the perpetrator is to view someone's undergarments or intimate body parts. This could occur through “upskirting,” described as when someone places their cell phone under a female's skirt to record a quick video or take a picture.
A “peeping tom” is someone who peeks into private areas, such as bathrooms, changing rooms, etc., with the naked eye, binoculars, or similar devices for the purpose of invading someone's privacy, often for sexual gratification or arousal.
For example, suppose you set up a secret camera in a bathroom or dressing room. In that case, it is a crime even if the camera never filmed, recorded, or photographed someone using the bathroom or dressing room.
This could include the interior of a bedroom, bathroom, fitting room, dressing room, tanning booth, or any other area where the occupant has a reasonable expectation of privacy.
It's illegal to use a concealed recorder to secretly film someone under or through their clothes (upskirting) for the purpose of arousing their sexual desires when the victim has a reasonable expectation of privacy (PC647(j)(2)).
Also, it is a crime to secretly record or photograph someone who might be in a state of full or partial undress for the purpose of viewing their body or undergarments, without their knowledge, in the interior of a bedroom, bathroom, changing room, dressing room, etc., or any area where they have a reasonable expectation of privacy (PC 647(j)(3)(A)).
What Does the Law Say?
PC 647(j)(1) says, “A person who looks through a hole or opening, into, or otherwise views, using any instrumentality, including, but not limited to the following:
A periscope, telescope, binoculars, camera, motion picture camera, camcorder, mobile phone, electronic device, or unmanned aircraft system, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision does not apply to those areas of a private business used to count currency or other negotiable instruments.”
PC 647(j)(2) says, “A person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person under circumstances in which the other person has a reasonable expectation of privacy. For the purposes of this paragraph, “identifiable” means capable of identification or being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victim's identity actually to be established.”
PC 647(j)(3) makes it a crime to use a concealed camera to secretly videotape someone who may be in a state of full or partial undress in a private room for the purpose of viewing their body or undergarments. The private room could be a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth.
What Factors Must Be Proven to Convict?
To be convicted of Penal Code 647(j) invasion of privacy, the prosecution must prove the following factors beyond a reasonable doubt:
- You deliberately looked through an opening or a hole or
- You secretly videotaped or recorded somebody, or
- You recorded somebody under or through their clothes or
- You used a video recording device in a private room,
- When doing so, you looked into a room and watched somebody,
- You looked inside the interior of a bedroom, bathroom, dressing room, or another place where there is a reasonable expectation of privacy,
- You used binoculars, cell phone, camera, telescope, binoculars, or another type of similar item,
- The victim had a reasonable expectation of privacy.
- You had the intent to invade someone's privacy when you looked or to satisfy sexual desires.
Notably, you can only be found guilty if you look at or record someone in a place where they have a reasonable expectation of privacy.
What are Some Examples?
- Secretly taking pictures or video recording up a female's skirt (upskirting).
- Peeking over a bathroom stall while somebody is using it.
- Recording somebody in a fitting room with a mobile phone.
- Planting a hidden camera in a dressing room recording people.
- Using binoculars to view someone through the windows of someone's home.
- Watching a woman undress in her bedroom while using a telescope to see her intimate body parts.
What Are the PC 647(j) Penalties?
If you are convicted of Penal Code 647(j) criminal invasion of privacy, the misdemeanor penalties include the following:
- Up to six months in county jail and
- A fine of up to $1,000.
The punishments for criminal invasion of privacy will increase to up to one year in jail and a fine of up to $2,000 in the following situations:
- Subsequent offenses or
- Underage victims.
A victim could sue you under separate civil invasion of privacy laws to recover damages.
What are Related Crimes?
- Penal Code 647(1) PC—Peeking while loitering. This misdemeanor law makes it a crime to peek in the door or window of any inhabited structure while loitering on private property.
- Penal Code 602 PC—Trespassing. This misdemeanor law makes it a crime to enter or remain on someone's property without consent or a right to do so.
- 18 U.S.C. 1801—Video voyeurism. This federal law makes it a crime to capture an image of someone's intimate parts without consent and when the victim is in a place where there is a reasonable expectation of privacy.
What are the Common Defenses?
The details of the invasion of privacy case will determine the strategy to fight the charges. To defend against a PC 647(j) charge, your California sex crime lawyer might argue:
- There was no intention of violating someone's privacy or
- No intent to sexually gratify yourself by what you observed,
- You had the person's permission to record or view them,
- The alleged crime occurred in a location without a reasonable expectation of privacy.
Notably, all crimes under this statute require that you act with an intent to invade a person's privacy. Perhaps we can argue there is insufficient evidence to prove the identity of the person who set up the hidden recorder or camera in an area where privacy is reasonably expected (bathroom, dressing room, etc.).
Other possible defenses include mistake of fact or statute of limitations. Contact us for more information. The Hedding Law Firm is based in Los Angeles, CA.
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