Information on the crime of peeking into a bathroom, bedroom, changing room, or changing room is found at California penal code 647(j)(1).

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PC 647(J)(1) Law: A person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, mobile phone, electronic device, or unmanned aircraft system, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside, is guilty or peeking into a bathroom, bedroom, or changing room (PC 647(j)(1) Abbrev.).

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Example: David sets up a video recorder in women’s tanning salon where women get dressed and undressed. The women have no knowledge of David’s invasion of their privacy. Result: David is guilty of invasion of privacy and PC 674(j)(1).

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Example: David sets up a secret camera in the guest room of his own home. David knows that guest will use the bedroom to change clothes and undress. David does not inform his house guests that he has installed a secret camera in the guest room. Result: David is guilty of PC 647(j)(1) for peeking into a bedroom without consent. This is true even though the bedroom was in David own home.

 

Note: Penal code 647(j)(1) applies to any area where a person has a reasonable expectation of privacy when he or she is changing clothes, such as a bathroom, bedroom, changing room, dressing room, tanning salon, etc.

 

PC 647(j)(1) Penalties

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Jail Sentence: Peeking into a changing room, bedroom, or bathroom is classified as a misdemeanor. If found guilty of peeking into a changing room, the defendant could face up to 180 days in the county jail.

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Note: If the defendant has suffered a prior conviction for PC 647(j)(1), then any subsequent conviction for the same may result in a jail sentence of up to one year.

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Probation Sentence: A probation sentence is a period of supervision instead of a jail sentence. A probation sentence is allowed in PC 647(j)(1) cases, but a probation sentence is never guaranteed. Whether the defendant receive a probation sentence after a conviction for peeking into a dressing room depends on the facts of the case and the defendant’s criminal history.

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Sex Offender Registration: Sex offender registration is not mandatory in penal code 647(j)(1) cases; however, if the judge finds that the defendant criminal conduct was motivated by an uncontrolled sexual compulsion, then the judge may order the defendant to register a sex offender for up to ten (10) years (PC 290.006).

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Additional Penalties: In addition to the penalties listed above, if the defendant is found guilty of peeking into a bathroom, bedroom, or changing room, the defendant may suffer any of the following penalties: increased penalties for subsequent convictions, court fees and fines, criminal protective orders, civil lawsuits for invasion of privacy, loss of immigration status, loss of a professional license, and more.

 

For more information on the crime of peeking into a bathroom, changing room, or dressing room (PC 647(j)(1), contact our sex crimes criminal defense lawyers today. Our team of experienced sex crimes defense attorneys have helped hundreds of defendants who have faced misdemeanor and felony sex crimes, and we can help you too. Call today!

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