Peeping Tom Laws in California - Penal Code 647(i) and 647(j) PC
There are different forms of peeping on another individual. Sometimes, I see people peeping in another person's window at their house or apartment. Sometimes, it's their neighbor, or they are just passing by. It's a stranger.
Other times, I've seen people going into department stores and peeping on individuals inside dressing rooms using cameras and bags where they put the cameras inside the bag. They hide it, put the bag underneath the dressing room stall, and get caught.
Our criminal defense lawyers are providing an overview below to help you better understand the “peeping tom” laws. First, let's review the statutes that make it a crime to spy on others or take their pictures without their consent.
Peeking While Loitering and Invasion of Privacy Laws
Usually, that will be charged as a misdemeanor, but if you've got a prior conviction for something like that. You have to register as a sex offender. Now, if you pick up a new offense and do that, they will charge that crime as a felony. You will look at potential prison time and a lot of time in custody. The primary statutes include:
- California Penal Code 647(i) – Peeking while loitering
- California Penal Code 647(j) – Invasion of privacy
These peeping cases can cause you to have to register as a sex offender, send you into custody — whether it be county jail or even prison — and can cause the prosecutors to put you on probation for a lengthy period.
They also put a bunch of ramifications on you where you have search and seizure conditions; you can't get to specific locations, and you can't be around individuals under the age of 18.
There are many things, especially if you get placed on felony probation. I see people having to take polygraphs as part of their probation to make sure that they're not still involved in sexually-related offenses.
Our society has gone wild when it comes to people who are committing sex offenses, especially individuals who are invading other people's privacy, going to these dressing rooms, and peeping into their windows at night.
Those people are the people that the legislature, the police, judges, prosecutors, and even the general public are most afraid of because you think you're safe in your home and you have somebody peeping on you.
You think you're safe going into a dressing room and simply trying on clothes; the next thing you know, someone's looking at you, seeing what you're doing. People don't like that. That is an actual personal invasion.
Penalties for Peeping on Other People
So, the consequences of peeping on another person — whether it be in their home or whether it be in their business — can be grave for those individuals who are charged with these crimes. Sometimes, you have a defense. They don't have the proof.
Other times, they have all the proof they need, yet there's the third situation where it could go either way, and that's where you need to sit down with a criminal defense attorney. I do this all the time. I meet with people. We go over the evidence that they have.
The evidence that is against that person, the evidence that the person could use to defend themselves, and then we have to make a judgment call of whether this is the type of case we're going to fight or whether this is the type of case we need to do damage control and work out a resolution.
Sometimes, these are critical decisions because you don't want to fight a case, spend a lot of money, and then lose.
When you lose one of these cases, you lose it in many different ways. I mean, you can lose it as far as having to register as a sex offender, whereas if you worked out a deal, you wouldn't have had to register as a sex offender.
When you lose one of these cases, the consequences can be severe. You may have to register as a sex offender, serve an extended jail term, or face numerous restrictions. This underscores the importance of seeking legal counsel and working toward a favorable resolution.
Defenses for Peeping Tom Charges
So, it would be best to weigh the pros and cons of challenging the prosecutors and the police in these peeping cases. If you do, you're unsuccessful and usually get a much worse result than if you had just worked it out with the prosecutors.
Given the complexities of these cases, having your own private criminal defense attorney is crucial. This attorney will be dedicated to your case and will have a deep understanding of the Los Angeles criminal court landscape.
They also need to know precisely how to deal with the prosecutor, how to deal with the judge, how to maneuver the case, and how to go to the prosecutor's supervisor if they're not reasonable.
There are a whole host of different things that an individual needs to do in these peeping cases to try to turn the tide in their favor. If they have any prior sex-related offenses, the consequences will be worse, so they want to make sure that their attorney is seasoned in handling their case and what it's going to take to get them the best possible result.
At Hedding Law Firm, we specialize in criminal defense and have a deep understanding of the San Fernando Valley area of Los Angeles County. Our expertise ensures that we can provide you with the best possible defense.
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