Table Of Contents
California Penal Code Section 647(j) PC: Invasion of Privacy
1. Definition and Elements of the Crime
With the rise of advanced technology like smartphones equipped with cameras and video recorders, the potential for misuse has increased [1.]. To address these concerns, California Penal Code Section 647(j) PC criminalizes various invasion of privacy offenses.
There are three specific offenses under this statute:
2. Peeking with Intent to Invade Privacy (PC 647(j)(1))
A defendant is guilty of invasion of privacy under California Penal Code Section 647(j)(1) PC if:
- The defendant peered through a hole or opening into a space where someone has a reasonable expectation of privacy.
- The peeking was done using an instrument such as a periscope, telescope, binoculars, camera, video camera, or mobile phone.
- The act was done with the intent to invade the privacy of the person inside.
3. Secretly Recording Someone’s Body or Undergarments (PC 647(j)(2))
Under California Penal Code Section 647(j)(2) PC, a defendant is guilty if:
- The defendant used a concealed camcorder, motion picture camera, or any type of photographic camera.
- The device was used to secretly videotape, film, photograph, or record another identifiable person under or through their clothing to view their body or undergarments.
- The recording was done without the person’s consent or knowledge.
- The act was committed with the intent of sexual arousal or invasion of privacy.
- The person recorded had a reasonable expectation of privacy.
4. Using a Hidden Camera in a Private Area (PC 647(j)(3))
A defendant is guilty under California Penal Code Section 647(j)(3) PC if:
- The defendant used a concealed camcorder, motion picture camera, or any type of photographic camera.
- The device was used to secretly videotape, film, photograph, or record another identifiable person in full or partial states of undress.
- The recording occurred without the consent or knowledge of the person.
- The act took place in a private area such as a bedroom, bathroom, changing room, fitting room, dressing room, tanning booth, or any other location where a person has a reasonable expectation of privacy.
- The intent was to invade the privacy of the other person.
Also Read:
- What Is an Intentional Tort?
- What Is the Difference Between a Tort and Criminal Law?
- Civil Invasion of Privacy in California: A Legal Overview
Civil Invasion of Privacy in California: A Legal Overview
In California, civil invasion of privacy is a common law tort that allows individuals to sue someone who unlawfully intrudes upon their private affairs [2.]. Common types of invasion of privacy claims include:
False Light: This occurs when someone publishes information that portrays another person in a misleading and offensive manner, even if the information isn’t outright false. To succeed in a false light claim, the plaintiff must prove:
- The information created a misleading impression.
- A reasonable person would find this impression offensive.
- The defendant knew the information was misleading or acted recklessly.
- The plaintiff suffered harm as a result.
Intrusion Upon Seclusion: This involves an invasion of someone’s privacy in a situation where they are alone or expect solitude, such as through voyeurism or peeping.
Recording Confidential Conversations: Under the California Invasion of Privacy Act (CIPA), it is illegal to record confidential conversations, including phone calls, without the consent of all parties involved. Victims of such illegal recordings can file a lawsuit for statutory damages, with courts able to award $5,000 per violation or three times the actual damages, whichever is greater. The state may also prosecute violators criminally.
Other invasion of privacy claims in California include appropriation of name or likeness and public disclosure of private facts. These claims offer additional protection against unauthorized use of a person’s identity or the sharing of private information.
Penalties for Invasion of Privacy in California
The California Invasion of Privacy Act imposes both criminal and civil liabilities on those who engage in illegal wiretapping, and the penalties can be severe.
Wiretapping in California is classified as a “wobbler,” meaning it can be charged as either a misdemeanor or a felony, depending on the circumstances.
Misdemeanor Penalties: If charged as a misdemeanor, penalties can include:
- Up to 1 year in county jail.
- Fines up to $2,500 per violation.
Felony Penalties: If charged as a felony, the penalties may include:
- 16 months, 2 years, or 3 years in state prison.
A prior conviction for wiretapping can increase the fines, with penalties rising to a maximum of $10,000 per violation.
In addition to criminal charges, violators may also face civil liability. Individuals who were illegally recorded can sue for statutory damages, with the court awarding the greater of:
- $5,000 per illegally recorded conversation, or
- Three times the actual damages suffered by the victim.
Common Defenses Against PC 647(j) Charges
The defense strategy for an invasion of privacy charge under California Penal Code 647(j) depends on the specifics of the case [3.]. A skilled California defense attorney might argue:
- Lack of Intent: There was no intention to violate someone’s privacy or to gain sexual gratification from what was observed.
- Consent: The person involved gave permission to be recorded or viewed.
- Expectation of Privacy: The alleged incident occurred in a place where there was no 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.).”
Additional defenses might include a mistake of fact or arguing that the statute of limitations has expired.
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If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
1. https://www.losangelescriminallawyer.pro/california-penal-code-section-647-j-pc-invasion-of-privacy.html
2. https://getterms.io/blog/understanding-the-california-invasion-of-privacy-act-cipa
3. https://www.losangelessexcrimeattorney.com/invasion-of-privacy-penal-code-647j