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California Privacy: No Cameras Allowed in Bathrooms

Placing cameras in bathrooms is illegal in California. This practice violates various privacy laws designed to protect individuals’ rights to privacy in spaces where they have a reasonable expectation of it, such as bathrooms
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

Quick Summary

  • Privacy violations through the misuse of recording devices are a growing concern, particularly in private spaces where individuals expect confidentiality.
  • California Penal Code Section 647(j) PC criminalizes several forms of privacy invasion, including unauthorized peeking, recording under clothing, and hidden cameras in private areas.
  • Understanding these laws is essential for knowing your rights and legal options if your privacy has been violated.

Invasion of Privacy and Illegal Use of Recording Devices in California

With the rise of advanced technology, including cameras and video recorders available on smartphones, the risk of misuse for unlawful purposes has increased. To address these concerns, California has enacted Penal Code Section 647(j) PC, which criminalizes various invasion of privacy offenses.

Invasion of Privacy Offenses
California Penal Code Section 647(j) PC outlines three specific invasion of privacy offenses:

1. Peeking with an Instrument (PC 647(j)(1))
A person is guilty of invasion of privacy under California Penal Code Section 647(j)(1) if:

  • The defendant peeks through a hole or opens into an area where someone has a reasonable expectation of privacy.
  • The defendant uses an instrument, such as a periscope, telescope, binoculars, camera, video camera, or mobile phone.
  • The defendant acts with the intent to invade the privacy of the person inside.

2. Recording Under or Through Clothing (PC 647(j)(2))
A person is guilty of this offense under California Penal Code Section 647(j)(2) if:

  • The defendant uses a concealed camcorder, motion picture camera, or any type of photographic camera.
  • The defendant secretly videotapes, films, photographs, or records another identifiable person under or through their clothing.
  • The recording is done without the person’s consent or knowledge.
  • The intent is for sexual arousal or to invade the person’s privacy.
  • The circumstances provide the other person with a reasonable expectation of privacy.

3. Using a Hidden Camera in a Private Area (PC 647(j)(3))
A person is guilty of this offense under California Penal Code Section 647(j)(3) if:

  • The defendant uses a concealed camcorder, motion picture camera, or any type of photographic camera.
  • The defendant secretly videotapes, films, photographs, or records another identifiable person in full or partial states of dress.
  • The recording is done without the person’s consent or knowledge.
  • The recording occurs in the interior area of a bedroom, bathroom, changing room, fitting room, dressing room, tanning booth, or any other area where a person has a reasonable expectation of privacy.
  • The intent is to invade the privacy of the other person.

According to the California Department of Justice, reports of hidden cameras and illegal recordings increased by 27% over the past five years. California’s Penal Code Section 647(j) PC aims to protect individuals from the misuse of recording devices in situations where they have a reasonable expectation of privacy.

Common Situations Involving Privacy Violations

Privacy violations occur in a variety of everyday settings. Some of the most common cases include:

  • Retail Dressing Rooms – Employees or store owners install hidden cameras in fitting rooms to record customers changing without their knowledge.
  • Hotel Room Surveillance – Guests find hidden cameras in hotel rooms placed by staff or prior guests for voyeuristic purposes.
  • Workplace Violations – Employers secretly monitor or record employees in restrooms, changing rooms, or private offices without consent.
  • Public Restrooms and Gyms – Cameras disguised as smoke detectors or other devices are placed in locker rooms and restrooms.
  • Rideshare Vehicles – Some drivers secretly record passengers without consent, violating privacy rights.
  • Unauthorized Online Streaming – Hidden cameras capture individuals in private spaces and share the footage online.

These examples highlight the widespread nature of privacy violations and the importance of California’s privacy laws in protecting individuals.

Penalties for Penal Code Section 647(j) PC

According to SCLG, criminal invasion of privacy is classified as a misdemeanor in California, rather than a felony or an infraction [1].

The penalties for this offense can include:

  • Imprisonment: Up to six months in county jail
  • Fines: Up to $1,000
  • Misdemeanor probation, which may include community service, fines, or mandatory counseling instead of jail time.

In some cases, the judge may grant misdemeanor (or summary) probation as an alternative to serving jail time. This probation option allows offenders to avoid incarceration while complying with certain court-imposed conditions.

Several crimes in California are closely related to Penal Code 647(j) regarding invasion of privacy. These include:

1. Lewd Conduct (Penal Code 647(a) PC)
Lewd Conduct is defined under Penal Code 647(a) PC, which is public behavior of a sexual nature. Suppose someone exposed their genitals or masturbated while looking in someone’s window. In that case, they could be charged with lewd conduct in addition to peeking while loitering.

2. Trespassing (Penal Code 602 PC)
Trespassing is defined as entering or remaining on private property without permission. If there isn’t enough evidence to charge someone with peeking while loitering, prosecutors might charge them with trespassing instead.

3. Eavesdropping (Penal Code 632 PC)
Eavesdropping involves using an electronic device to monitor or record private conversations without consent. This law is designed to protect individuals’ privacy in their communications.

4. Federal Video Voyeurism (18 U.S. Code 1801)
The federal video voyeurism law under 18 U.S. Code 1801 criminalizes the recording or broadcasting of individuals in situations where they have a reasonable expectation of privacy, such as in restrooms or dressing rooms.

What Damages Can I Recover?

Victims of privacy violations may be entitled to compensation for:

  • Emotional distress caused by the violation.
  • Legal fees incurred from pursuing a case.
  • Punitive damages in severe cases.

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FAQs

Can I Sue if Someone Recorded Me in a Private Place?

Yes. If you were recorded without consent in a private setting, you may have grounds for legal action.

Is It Illegal To Record Someone in a Public Space?

No, as long as the recording does not violate privacy expectations. Public recordings are generally legal.

What Should I Do if I Find a Hidden Camera?

If you find a hidden camera, do not tamper with the device. Document its location, report it to authorities, and consult a lawyer.

How Long Do I Have to File a Lawsuit?

The statute of limitations varies by case. Consulting a legal professional ensures timely action.

Get a Free Case Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is dedicated to representing victims of privacy violations. If you or a loved one has experienced an invasion of privacy, contact us today for a free consultation. You may be entitled to a settlement, and we can help you seek justice.

Get Your Free Case Review Today

References:

1. https://www.shouselaw.com/ca/defense/penal-code/647j/

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