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Penal Code 647(j) PC | Invasion of Privacy
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Penal Code 647(j) PC – Invasion of Privacy
Invasion of privacy is a serious issue that can negatively impact people’s lives. In California, Penal Code 647(j) PC specifically makes it a crime to invade someone’s privacy by looking into their private space or eavesdropping on confidential communications. This law is meant to protect people’s reasonable expectation of privacy from being violated. However, it’s a complex law with many nuances that are still being interpreted by courts. Let’s break down what constitutes invasion of privacy under 647(j) PC, penalties, and possible defenses.
What is Considered Invasion of Privacy?
According to 647(j) PC, it’s illegal to peek into someone’s private space with the intent to invade their privacy and see them in a state of undress or engaging in sexual activity. This includes using devices like binoculars, telescopes, or cameras to view people through windows or other openings. Going onto someone’s private property to look through their windows could also qualify.
In addition, it’s illegal to eavesdrop on or record private conversations without permission under 647(j) PC. This includes wiretapping phone calls or planting hidden microphones. The conversations being eavesdropped on must be confidential in nature – like with doctors, lawyers, or therapists. Recording people in public spaces is not usually considered invasion of privacy.
Importantly, the defendant must have the specific intent to invade privacy when committing these acts. If they accidentally see someone undressing through a window for example, it may not qualify. There needs to be evidence they purposefully meant to violate privacy.
Penalties for Invasion of Privacy
Invasion of privacy under Penal Code 647(j) PC is a misdemeanor offense. If convicted, penalties can include:
- Up to 6 months in county jail
- A max fine of $1,000
- Informal probation
While these penalties aren’t as severe as felonies, they can still negatively impact someone’s life and future. Having a misdemeanor conviction on your record can make it harder to get jobs, housing, loans etc. It’s critical to fight the charges with an experienced lawyer.
Possible Defenses
There are several legal defenses that a skilled California criminal defense lawyer may use to contest invasion of privacy charges, such as:
- No expectation of privacy – The defendant must violate an area where the victim had a reasonable expectation of privacy. If they were in public view or a shared space, there may have been no expectation of privacy.
- No intent – As mentioned, the defendant must have specifically intended to invade privacy. If it was an accident or misunderstanding, it may not qualify.
- False accusations – Sometimes people falsely accuse others of invasion of privacy out of anger, revenge, mental illness etc. If there’s no solid evidence, the charges could potentially be beat.
- Unlawful recording – The recording itself may have been unlawful if done in violation of California’s two-party consent law. This could make it inadmissible as evidence.
An experienced criminal lawyer can carefully examine the details of your case to determine if any defenses like these apply.
Recent Court Rulings
There have been some notable court cases in California that have helped shape how 647(j) PC is applied:
- In People v. Gibbons, the court ruled that a person can be guilty even if the victim didn’t actually see them. Just the attempt to invade privacy is enough.
- In Hernandez v. Hillsides Inc., the court found that invasion of privacy in bathrooms, changing rooms etc. is still illegal even if done by a caregiver or in a caregiving context.
- In People v. Tecklenburg, the court ruled that using devices like telephoto lenses to view people inside their homes violates a reasonable expectation of privacy.
These cases help demonstrate how the law has evolved regarding new technologies and contexts. Courts are still frequently issuing rulings that shape how 647(j) PC is applied.
Invasion of Privacy in the Digital Age
Advancing technology has created new ways people’s privacy can potentially be invaded. Things like hidden cameras, drones, and smart home devices make it easier to record others without consent. However, California’s invasion of privacy laws like Penal Code 647(j) were created before these technologies existed. Courts are still deliberating how best to adapt the laws to our modern digital age. There are arguments on both sides regarding public vs private spaces and how technology impacts people’s reasonable expectation of privacy. As technology continues advancing rapidly, privacy laws will likely continue evolving too.
Final Thoughts
Invasion of privacy can be a very traumatic violation that destroys people’s sense of safety and dignity. At the same time, privacy laws require nuanced interpretations regarding public vs private areas, use of technology, and reasonable expectations. Anyone charged with invasion of privacy under California Penal Code 647(j) PC should consult with an experienced criminal defense attorney. An attorney can carefully examine the details of your case and build the strongest defense to fight the charges.
Citations
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=647.&lawCode=PEN
https://www.justia.com/criminal/docs/calcrim/1100/1102/
https://www.justia.com/criminal/docs/calcrim/1100/1102/
https://www.justia.com/criminal/docs/calcrim/1100/1102/
https://law.justia.com/cases/california/court-of-appeal/2019/c084827.html
https://law.justia.com/cases/california/court-of-appeal/2016/b259953.html
https://law.justia.com/cases/california/court-of-appeal/2019/c086192.html
https://www.americanbar.org/groups/crsj/publications/human_rights_magazine_home/the-ongoing-challenge-to-define-free-speech/not-a-free-for-all/