California Penal Code 647(j): Invasion of Privacy (PC 647(j))

1. Definition and Aspects of Invasion of Privacy:

With technology being available and accessible to everyone now, crime no longer only takes place on the streets. Most people in California carry a cellphone at all times, making it effortlessly easy to snap photos or videos of others without explicit consent. To combat this evolving crime, under California Penal Code 647(j) (PC 647(j)), it is now against the law to invade someone else’s privacy. This statute is a misdemeanor offense, punishable with heavy fines and even jail time if convicted.

There are three sections within this privacy statute.

To be convicted of California Penal Code 647(j)(1) (PC 647(j)(1)), the Prosecution must prove the following:

1. The Defendant looked into a private space through an opening or a hole that someone is occupying, where:

a.  a reasonable person would expect a sense of privacy 

2. Defendant used an instrument such as a:

a. Mobile phone

b. Video camera

c. Binoculars

d. Telescope

e. Periscope

3. The Defendant had the intention of invading the person’s privacy

To be convicted of California Penal Code 647(j)(2) (PC 647(j)(2)), the Prosecution must prove the following:

1. Without consent, the Defendant taped, filmed, photographed, recorded another person under or through their clothing, for the purpose of capturing the body or undergarments of said person, utilizing a:

a. Concealed recorder

b. Motion picture camera

c. Any type of camera that is capable of taking pictures/videos

2. The victim did not consent or had knowledge of the Defendant’s presence or the recording 

3. The Defendant’s intent was to invade the person’s privacy or was driven by private sexual arousal

4. The other person had a reasonable expectation of privacy 

Lastly, California Penal Code 647(j)(3) (PC 647(j)(3)) is set in place to punish the recording of someone in a private area with the use of a hidden camera. In order to convict someone of this crime, the Prosecution must prove the following:

1. Without consent, the Defendant taped, filmed, photographed, recorded another person in full or partial states of dress, for the purpose of capturing the body or undergarments of said person, utilizing a:

a. Concealed recorder

b. Motion picture camera

c. Any type of camera that is capable of taking pictures/videos

2. The victim did not consent or had knowledge of the Defendant’s presence or the recording 

3. The Defendant had the intention of invading the person’s privacy 

Criminal Offenses Related to Invasion of Privacy:

Similar or related offenses to California Penal Code 647(j) (PC 647(j)), invasion of privacy:

1. Wiretapping – California Penal Code 631 (PC 631)
2. Eavesdropping – California Penal Code 632 (PC 632)
3. Lewd Conduct – California Penal Code 647(a) (PC 647(a))
4. Peeking While Loitering – California Penal Code 647(i) (PC 647(i))

Examples of Invasion of Privacy:

A woman is changing in the locker room of her local gym when she notices someone taking a picture of her with her cell phone. Under California Penal Code 647(j) (PC 647(j)), the person could be charged with invasion of privacy.

In another example, a man owns a small clothing store. Without notifying the customers, he installs security cameras into the fitting rooms. Since there are no signs, the changing customers have a reasonable expectation of privacy; therefore, the shop owner is in violation of California Penal Code 647(j) (PC 647(j)). However, if the shop owner posts signs on the fitting rooms, informing the customers of the cameras being present due to a shoplifting issue, he would not be guilty of (PC 647(j)), as the customers should not have a reasonable expectation of privacy.

Defenses to Invasion of Privacy:

If the Defendant accidentally photographed another or was not aware that their camera was on, the charges could be dropped. California Penal Code 647(j) (PC 647(j)) requires explicit intent to invade another’s privacy, and if images were captured by accident, it would not fall under this category.

If the Defendant was given consent to take photographs or record videos of another, and the other person was aware that explicit pictures/videos are being taken, the act would not be considered against the law. 

Another defense questions the reasonable expectation of privacy. If the incident happens at a public place where an objective person would anticipate that others could see him/her, the Defendant would not be guilty of this statute. However, just because it is a public place, the Defendant could still be charged with California Penal Code 647(j)(3) (PC 647(j)(3)) if he/she photographed or recorded someone under their clothes. Being in a public setting does not negate the action of invading someone’s privacy.

Consequences and Penalty for Invasion of Privacy:

California Penal Code 647(j)(3) (PC 647(j)(3)), Invasion of Privacy is a misdemeanor offense, punishable with up to six months in jail and up to $1,000 in fines. The Defendant could also be subject to a Criminal Protective Order, making it illegal for them to go near the victim’s home. If the Defendant is a repeat offender with a prior conviction of this statute, the maximum jail time increases to a year, and the fines can be as expensive as $2,000.

Violation of this statute is not considered a ‘strike’ on the Defendant’s record; however, if a Judge believes this act of invasion of privacy is a result of an unnatural sexual desire, the Defendant could be forced to register. A convicted person could also suffer a loss of rights, such as their Professional License, and it could affect their immigration status if they are not citizens.

Invasion of Privacy (PC 647(j)(3)), under California Penal Code Section 647(j)(3), is a misdemeanor offense that can result in jail time and serious fines. It is imperative that if you are charged with PC 647(j) Invasion of Privacy, you contact an experienced attorney as soon as possible.

For an experienced attorney in your corner, Action Lavitch from Action Defense Lawyers is available 24/7 at (747) DEFEND U or (747) 333-3638. With a proven track record and speaking both English and Spanish, Action Lavitch and the team from Action Defense Lawyers provide skilled legal representation and professional advice. Having an above 90% success rate for clients, Action Defense Lawyers is the go-to for those charged with California Penal Code Section 647(j) (PC 647(j)), Invasion of Privacy. Book a free consultation today.