It is a crime in California for a person to view the inside of a bathroom via a camera.
California Penal Code 647(j) PC is California’s criminal “invasion of privacy” law. This law states that it is illegal for a person to view the inside of a room or area in which a person has a “reasonable expectation of privacy” in.
According to PC 647(j), a person has a reasonable expectation in the following:
- bathrooms,
- bedrooms,
- changing rooms,
- fitting rooms,
- dressing rooms, and
- tanning booths.
California’s invasion of privacy law is one of the State’s two “Peeping Tom” laws. The other is California Penal Code 647(i) PC. This law makes it a crime for a person to:
- peek in the door or window of an inhabited structure,
- while loitering (or, lingering) on private property.
Violations of either of California’s Peeping Tom laws are charged as misdemeanors. The crimes are punishable by:
- imprisonment in the county jail for up to six months; and/or,
- a maximum fine of $1,000.
What is California Penal Code 647(j) PC?
Penal Code 647(j) is California’s invasion of privacy law, which makes it a crime for a person to view the inside of a bathroom via a camera.
More specifically, under this code section, it is a crime for a person to invade the privacy of another, by:
- viewing a victim via a “certain device”, and
- viewing a victim in a room or an area in which he/she has a “reasonable expectation of privacy” in.
Viewing “devices” that may be used to violate PC 647(j) include:
- cameras,
- binoculars,
- telescopes,
- periscopes, and
- mobile phones.
Further, according to this statute, the following rooms or areas are ones in which a person has a reasonable expectation of privacy in:
- bathrooms,
- bedrooms,
- changing rooms,
- fitting rooms,
- dressing rooms, and
- tanning booths.
What is California Penal Code 647(i) PC?
PC 647(j) is one (of two) of California’s “Peeping Tom” laws. The other is Penal Code 647(i).
PC 647(i) makes it a California crime for a person to “peek while loitering.” An accused is guilty of this if:
- he delays, lingers or wanders on someone else’ private property;
- without a lawful purpose for being there; and,
- he peeks in the door or window of an inhabited building or structure on the property.
A building or structure is inhabited if someone uses it as a dwelling
What are the penalties for PC 647(j) and PC 647(i) violations?
A violation of either of these penal code sections is a form of “disorderly conduct” under California law. As such, either violation will be charged as a misdemeanor that is punishable by:
- imprisonment in the county jail for up to six months; and/or,
- a maximum fine of $1,000.
Please note that in lieu of jail time a judge may order a defendant to misdemeanor probation. This is also called “summary” or “informal” probation.
With regards to violations of Penal Code 647(j), penalties may increase when:
- it is the defendant’s second or subsequent PC 647(j) offense, or
- the victim is under the age of 18.
Under either of these circumstances, invasion of privacy can be punished in California by:
- up to one year in county jail; and/or,
- a fine of up to $2,000.
