When is “Invasion of Privacy” a crime? (Penal Code 647j)

August 5, 2019 posted by


Penal code 647J defines the
crime of invasion of privacy. And we typically see
this charge filed in three sorts of scenarios. The first is when you’re peeking
through a hole or an opening to spy on somebody
in a private setting. The classic example is in the
old movie Porky’s where the guy was looking through the hole
into the girls locker room and watching the girls
undress and shower. The second situation where we
see invasion of privacy charges is when you use a
concealed camera to look under or through
somebody’s clothing. These are sometimes
called upskirt violations. So basically, you’re walking
down the aisle at CVS, and you take your iPhone
and hold it real low, and use it to take
pictures that were to record up somebody skirt. And we actually tend to see a
lot of these cases prosecuted. The third scenario
is when you place a concealed camera in a
room to secretly record a person in the nude. Now penal code 647J
is a misdemeanor. If you’re convicted,
you could face up to six months in county jail, up
to a year on a second offense. A lot of people ask,
if I’m convicted, will I have to register
as a sex offender? The answer is no. It’s not currently a
registerable crime. However, it looks really
bad on your record. So if you’re convicted of
this, and you apply for a job, and it comes up on
a background check as it almost certainly
will, it looks really bad to a
prospective employer, because they’ll see
this, and they’ll wonder is the person a pervert? Do they have
behavioral problems? Are they a liability
in the workplace? It can make it very hard
to get a job in the future. So to the extent that you’ve
been charged with invasion of privacy, you want
to do everything possible to fight the case
and keep it off your record. And here at Shouse
Law Group, we’ve had a lot of success in helping
our clients to do just that. It may be a situation where
the alleged victim knew that he or she was being recorded. He or she may have consented to
being photographed or recorded. It may be a situation where
you photographed or recorded somebody accidentally or with
no sexual or improper intent. If you’re in one of
these situations, we invite you to contact us
here at Shouse Law Group. Tell us what happened. We’ll see what we can do to
keep this charge completely off your record.

14 Comments

14 Replies to “When is “Invasion of Privacy” a crime? (Penal Code 647j)”

  1. SmokingEssy7887 says:

    Up skirting is also a misdemeanor in MA, it carries up to 2 1/2 years in the county jail and/or up to a $5,000 fine and if the victim is under 18 it is a felony and carries up to 5 years in the state prison and/or up to a $10,000 fine.

  2. Robert E Lee says:

    When you police didn't ask permission s.o.b

  3. Paula Amaral says:

    Where is Edward Kay, that is recording everyone's conversation and publicly providing proof of criminal harassment as an evidence? I have a lawyer in the family that he doesn't respect for being elderly. The authorities should know. You try to ignore it, unfortunately enough is enough. Weirdo!

  4. Paula Amaral says:

    [1] CA Penal Code 240 An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. [2] CA Penal Code 242 A battery is any willful and unlawful use of force or violence upon the person of another.
    Another one for Edward Kay.

  5. Make America Great Again says:

    This happened to me. Illegal electronic surveillance in my home and phone line. Not every time law enforcement obtains a warrant for electronic surveillance is it justified. A warrant can be obtained maliciously and a person can be subject to abuses by law enforcement. Also individuals can do it outside of law enforcement such as psychopaths. Sick people do not respect your privacy.

  6. Patrick Bellemare says:

    my neighbor came on my property , and put his face up to my window to look in , I was out walking my dog , I came home , eye witnessed him at my window , another neighbor was sitting out and saw it as well . , it was around 10 am , management of my RV park did nothing , even though it violated the Lease Agreement .

  7. Thefaceoftheword crook and flail says:

    Fight back, all equipment that has violated my privacy will simply fry and burn in 20 minutes

  8. Thefaceoftheword crook and flail says:

    If you listened to my calls violated and read my text like or went through my stuff like a bunch perverts and Pedos your equipment will dry and smoke

  9. Vad L says:

    Well in my country the chief (Woman) of a factory get a 3 years in jail for illegal spying on emploi, and thats a crime here, im know thats in US chief can spy on work legit and its its not right. The other thing if you want to be spyed.

  10. Mimi B-L says:

    My neighbor just put a motion camera above my 10 ft fence pointed at my home, and is watching and wiretapping me 24/7. The camera does not record anything but my home's glass wall. My neighbor can see me undressed and put the videos online, she can see the security code to unlock my door and know when to intrude herself inside my home, and she can also see who and when I date someone etc. Although this type of invasion of privacy is a crime in California, the police refused to report the crime, because the neighbor is a woman.
    The 66 yo woman, who looks a lot like Annie Wilkes, has developed an obsession, and has become extremely possessive with me. I have never interacted with her. She retaliates when I date someone. She makes bogus calls to the police to have them wake me up in middle of the night, and disturb my sleep / work schedule. I feel like the subject of a thriller movie, and the police is doing nothing.

    Please help me understand. Making bogus calls to the police is a crime, wiretapping is a crime, invasion of privacy is a crime. Should the police do something?

  11. Audrey Mciver says:

    I was recorded with out my knowledge. And I’m not so sure that it may still be happening

  12. Uncorn Famous says:

    It also counts as personal photos right

  13. Paula Amaral says:

    My mother is a retired family lawyer. Invasion of privacy is a tort. Those who have been victimized needs to file a lawsuit for moral and financial damage. California recognizes all four common-law invasion of privacy claims: intrusion upon solitude or seclusion, public disclosure of private facts (e.g., unreasonable publicity given to one's private life), false-light privacy (e.g., publicity that normally places the other in a false light before the public). I know someone that is being victimized by computer hackers and also by home phone privacy invasion. If you know an active, honest, and experienced lawyer please contact me. Thank you.

  14. rmrr says:

    dr disrespect

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