Former Senior LA Prosecutor. Harvard Law School Educated. Technology has become increasingly advanced and widespread, with items such as cameras and video recorders available to anyone with a smartphone. With the spread of this technology comes the risk that some people may use recording devices for unlawful purposes. In response to these concerns, the state legislature has enacted California Penal Code Section j PC which makes it illegal to commit various invasion of privacy offenses.
A defendant would be guilty of invasion of privacy under California Penal Code Section j 1 PC, if the following conditions are present:. A defendant would be guilty of this offense where the following elements are present:. California Penal Code Section j 3 PC involves the use of a hidden camera to record someone in a private area.
A man goes to the mall and secretly takes pictures under the skirts of women with his cell phone camera. In another example, a man owns a clothing shop that has suffered losses due to shoplifters. The man puts a security camera in the changing rooms with a sign alerting customers that they are being monitored for security purposes. The man would not be criminally liable for invasion of privacy because he had a legitimate purpose and there was no expectation of privacy due to the signs.
There may be situations in which a person inadvertently photographs another. In these circumstances, the defendant would have a valid accident defense if charged criminally. If you have been charged with invasion of privacy, it is very important that you consult with a Los Angeles Criminal Defense Lawyer right away. Los Angeles Criminal Defense Attorney Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who is highly regarded throughout the court system.
Kraut understands the embarrassing nature of charges like this and is able to make all court appearances on his behalf of clients to save them from having to appear publicly in court. Please do not include any confidential or sensitive information in a contact form, text message, or voicemail.
