CA Penal Code section 647j1: Definition of DISORDERLY CONDUCT, a misdemeanor: Person uses a camera to look at interior of area where occupant has reasonable expectation of privacy, with intent to invade the privacy of a person inside.
“Except as provided in subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: CA Penal Code section 647j1: Any 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, or mobile phone, 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. This subdivision shall not apply to those areas of a private business used to count currency or other negotiable instruments.
Agency relationship of defendant is no defense
(B) Neither of the following is a defense to the crime specified in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant, employer, employee, or business partner or associate of the victim, or an agent of any of these.
Full or partial undress of victim is not required for crime to have been committed under Penal Code 647
(ii) The victim was not in a state of full or partial undress.
(l) (1) A second or subsequent violation of subdivision (j) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment.”
Further research indicated:
- 12-29-2020 UPDATE: LegalNoodle.com: obtaining-your-neighbors-private-video-surveillance-of-you/ & LegalNoodle.com/retention-preservation-security-camera-video/
- How does a victim of California penal code section 647j1 for disorderly conduct obtain a copy of the questioned video surveillance footage? Does plaintiff need to file a TRO in order to obtain a court case number and conduct discovery?
The answer is yes and thanks to Techwalla for verifying my legal intuition on how to obtain surveillance tapes: “If the tape belongs to a private entity, the only means to gather copies of the footage is to initiate a legal proceeding and issue a subpoena for the tapes. Many times, the police or a merchant will voluntarily release surveillance tapes if they are part of an investigation of a crime.”
- What if a video security camera is used to harass the occupant of a dwelling by looking to see when resident leaves his apartment, and then pouncing upon him?
- Is there a civil remedy for this type of problem?