Invasion of Privacy | Penal Code § 647(j)

Description

If you spy on others without their knowledge you may be charged with Invasion of Privacy. The law provides that any person who looks through a hole or opening, uses a concealed camera or any other means, where the occupant has a reasonable expectation of privacy, including bedroom, bathroom, changing room fitting room, tanning booth, without the consent or knowledge of the occupant, may be charged with a misdemeanor.

What does the prosecutor have to prove?

1. Defendant looked through a hole or opening, into, or otherwise viewed the interior of a bathroom, changing room, fitting room, dressing room, or tanning booth.
or
1. Defendant looked through a hole or opening, into, or otherwise viewed the interior of an area in which the occupant had a reasonable expectation of privacy.
2. In so doing, Defendant used an instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, camcorder or mobile phone.
3. Defendant intended to invade the privacy of the person inside.

Punishment

Misdemeanor: 0-180 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No