California Penal Code 647(j) | Invasion of Privacy

Posted in California Law,Criminal Defense on August 21, 2024

Because California has a lot of celebrities, the state has enacted several privacy laws designed to protect them. It has also become increasingly common for people to use cell phones and other devices to easily take pictures and recordings of other people without their knowledge or consent, so many invasion of privacy laws have been passed to address privacy concerns. These laws also apply to regular citizens, making it easier for a person to be caught up in charges of invasion of privacy. If convicted, you could face time behind bars. Here is what you need to know about these charges and how a Riverside criminal defense lawyer can help.

What Is Invasion of Privacy?

Pursuant to California Penal Code 647(j), unlawful invasion of privacy occurs when someone uses a device to invade the privacy of another person to do any of the following:

• Peeking through a hole or opening into an area where someone is occupying and has a reasonable expectation of privacy
• Using a concealed device to record another person’s body or undergarments
• Using a hidden camera to record someone in a private area

Common examples of invasion of privacy include using binoculars to see a tenant in an apartment building undress, recording someone in a fitting room or bathroom with a hidden camera, or taking upskirt photos of a woman.

What Are the Penalties for Invasion of Privacy?

Invasion of privacy is generally a misdemeanor. A first-time conviction for invasion of privacy can result in up to six months in jail and a fine of up to $1,000. A second or subsequent conviction can double these penalties, potentially resulting in up to two years in jail and a $2,000 fine.

What Defenses Can I Raise to Charges of Invasion of Privacy?

You may have several viable defenses to these criminal charges, such as:

• A legitimate purpose to record – You may have had a legitimate purpose to photograph or record someone, such as trying to prevent shoplifting in your store.
• No expectation of privacy – An invasion of privacy only occurs when a person has a reasonable expectation of privacy where they are viewed, photographed, or recorded. If the event happened in a public place, there is no reasonable expectation of privacy.
• Accidental recording – If your cell phone or other device accidentally took a photo or recording, you could potentially argue that you lack the mental element required for this offense.
• Consent – If you took pictures or videos of someone who consented to them, you can raise this as a defense to the charges.
• Lack of intent – A conviction for this crime requires the prosecutor to prove that you intended to invade another person’s privacy. If they cannot meet this heavy burden, they cannot convict you.

An experienced lawyer can evaluate the circumstances, interview all parties involved, and review evidence to construct a tailored defense strategy.

Call a Riverside Criminal Defense Attorney for a Free Consultation

Protect your freedom and reputation by contacting an experienced criminal defense lawyer for help. Contact the Law Offices of Graham D. Donath, APC online today to request a free and confidential consultation or call (951) 667-5293 to schedule yours.