10/31/2025
*There is a person (masked) potentially in downtown area with a camera trying to harass folks.*
Remember, folks who walk around with a camera shouting profanities are just trying to bait you.
Best to ignore, unless they attack you. Please contact the local police department, if this happens.
Do not engage, do not give them the time of day. But do get as far away as possible.
Be safe and always remember, spread kindness not hatred.
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California Penal Code Section 647(j) PC: Invasion of Privacy
1. Definition and Elements of the Crime
Advancements in technology, including widespread access to cameras and video recorders via smartphones, have increased the potential for misuse. To address these concerns, California enacted Penal Code Section 647(j), which prohibits various invasion-of-privacy acts.
The statute encompasses three distinct offenses.
Under California Penal Code Section 647(j)(1) PC, a person is guilty if:
- They peek through a hole or opening into an area where someone has a reasonable expectation of privacy.
- They do so using an instrument such as a:
- Periscope
- Telescope
- Binoculars
- Camera
- Video camera
- Mobile phone
- And they do this with the intent to invade the privacy of the person inside.
Section 647(j)(2) PC pertains to secretly recording a person’s body or undergarments using a concealed device. Someone commits this offense if:
- They use a concealed camera, such as a camcorder, motion picture camera, or any photographic device,
- To secretly videotape, photograph, or record another identifiable person under or through their clothing,
- To view their body or undergarments,
- Without the person's consent or knowledge,
- Intentional for sexual arousal or invasion of privacy,
- In circumstances where the person has a reasonable expectation of privacy.
Section 647(j)(3) PC involves using a hidden camera to record someone in a private area. An individual commits this offense if:
- They use a concealed camera to secretly record another person in full or partial dress,
- For the purpose of viewing their body or undergarments,
- Without the person's knowledge or consent,
- In an interior space such as a bedroom, bathroom, changing room, fitting room, dressing room, tanning booth, or any place with a reasonable privacy expectation,
- With the intent to invade their privacy.
2. Related Offenses
Other related crimes include:
- Lewd Conduct (California Penal Code Section 647(a))
- Peeking While Loitering (California Penal Code Section 647(i))
- Eavesdropping (California Penal Code Section 632)
- Wiretapping (California Penal Code Section 631)
3. Examples
A man at the mall secretly takes pictures under women's skirts with his cell phone. He could face charges of invasion of privacy.
Another case involves a clothing store owner who installs security cameras in changing rooms with warning signs. Since there was a legitimate purpose and explicit warning, this would not be considered an invasion of privacy.
4. Defenses to Invasion of Privacy
Inadvertent photos can serve as a defense if the incident was accidental. There is no criminal liability if the person did not intend to invade privacy or if the person photographed consented.
