647 a pc

647 a pc DEFAULT
  

Except as provided in paragraph (5) of subdivision (b) and subdivision (k), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:

(a) An individual who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.

(b) (1) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual agrees to engage in an act of prostitution when, with specific intent to so engage, the individual manifests an acceptance of an offer or solicitation by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.

(2) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual agrees to engage in an act of prostitution when, with specific intent to so engage, the individual manifests an acceptance of an offer or solicitation by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.

(3) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual agrees to engage in an act of prostitution when, with specific intent to so engage, the individual manifests an acceptance of an offer or solicitation by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution.

(4) A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not constitute a violation of this subdivision unless some act, in addition to the manifestation of acceptance, is done within this state in furtherance of the commission of the act of prostitution by the person manifesting an acceptance of an offer or solicitation to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration.

(5) Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met.

(c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms.

(d) Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act.

(e) Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.

(f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are unable to exercise care for their own safety or the safety of others, or by reason of being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.

(g) If a person has violated subdivision (f), a peace officer, if reasonably able to do so, shall place the person, or cause the person to be placed, in civil protective custody. The person shall be taken to a facility, designated pursuant to Section of the Welfare and Institutions Code, for the hour treatment and evaluation of inebriates. A peace officer may place a person in civil protective custody with that kind and degree of force authorized to effect an arrest for a misdemeanor without a warrant. A person who has been placed in civil protective custody shall not thereafter be subject to any criminal prosecution or juvenile court proceeding based on the facts giving rise to this placement. This subdivision does not apply to the following persons:

(1) A person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.

(2) A person who a peace officer has probable cause to believe has committed any felony, or who has committed any misdemeanor in addition to subdivision (f).

(3) A person who a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control.

(h) Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, “loiter” means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.

(i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant.

(j) (1) 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. This subdivision does not apply to those areas of a private business used to count currency or other negotiable instruments.

(2) A person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy. For the purposes of this paragraph, “identifiable” means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victim’s identity to actually be established.

(3) (A) A person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person. For the purposes of this paragraph, “identifiable” means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victim’s identity to actually be established.

(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.

(ii) The victim was not in a state of full or partial undress.

(4) (A) A person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.

(B) A person intentionally distributes an image described in subparagraph (A) when that person personally distributes the image, or arranges, specifically requests, or intentionally causes another person to distribute that image.

(C) As used in this paragraph, “intimate body part” means any portion of the genitals, the anus and, in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing.

(D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies:

(i) The distribution is made in the course of reporting an unlawful activity.

(ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding.

(iii) The distribution is made in the course of a lawful public proceeding.

(5) This subdivision does not preclude punishment under any section of law providing for greater punishment.

(k) (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,), or by both that fine and imprisonment.

(2) If the victim of a violation of subdivision (j) was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,), or by both that fine and imprisonment.

(l) (1) If a crime is committed in violation of subdivision (b) and the person who was solicited was a minor at the time of the offense, and if the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for not less than two days and not more than one year, or by a fine not exceeding ten thousand dollars ($10,), or by both that fine and imprisonment.

(2) The court may, in unusual cases, when the interests of justice are best served, reduce or eliminate the mandatory two days of imprisonment in a county jail required by this subdivision. If the court reduces or eliminates the mandatory two days’ imprisonment, the court shall specify the reason on the record.

(Amended by Stats. , Ch. , Sec. (SB ) Effective January 1, )
Sours: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=&lawCode=PEN

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California Penal Code Section (a) PC: Lewd Conduct

lewd conduct

1. Definition and Elements of the Crime

Lewd conduct under California Penal Code Section (a) PC can involve either engaging in public lewd conduct or soliciting another person to engage in this conduct. A lewd conduct charge usually occurs as a result of a sting operation and can cause serious collateral consequences and embarrassment for those convicted.

To prove that the defendant is guilty of engaging in lewd conduct, a prosecutor must be able to establish the following elements:

  1. The defendant willfully engaged in the touching of his or her own or another person’s genitals, buttocks or breasts (for females)
  2. The defendant did so with the intent to sexually arouse or gratify himself or herself or another person, or to annoy or offend another person
  3. At the time the defendant engaged in the conduct, he or she was in a public place or was in a place open to public view
  4. At the time the defendant was engaged in the conduct, someone else who might have been offended was present
  5. AND the defendant knew or reasonably should have known that another person who might have been offended by his or her conduct was present.

In order to prove that the defendant solicited lewd conduct, a prosecutor must be able to establish the following elements:

  1. The defendant requested that another person engage in the touching of genitals, buttocks or breasts (for females)
  2. The defendant requested that the other person engage in the requested conduct in public
  3. When the defendant made the request, he or she was in a public place
  4. The defendant intended for the conduct to occur in a public place
  5. When the defendant made the request, he or she did so with the intent to sexually arouse or gratify himself or herself or another person, or to annoy or offend another person
  6. The defendant knew or reasonably should have known that someone was likely to be present who could be offended by the requested conduct
  7. AND the other person received the communication containing the request.

2. Related Offenses

Similar offenses include the following:

  1. Indecent Exposure – California Penal Code Section PC
  2. Trespassing - California Penal Code Section PC
  3. Disturbing the Peace - California Penal Code Section PC

3. Examples

A man and a woman are having a picnic in a public park when they decide to engage in sexual intercourse. They are aware that there are other people present in the park, but they have sex anyways. A park ranger catches them and alerts the police. Both the man and woman could be charged with engaging in lewd conduct in violation of California Penal Code Section (a) PC.

In another example, the police are conducting a sting operation in a local park. They set up an undercover officer in a men’s restroom that is known to be popular with gay men. The officer smiles at a man who enters the restroom. The man asks the undercover officer if he wants to engage in sex in a restroom stall. This man could be charged with soliciting lewd conduct.

4. Defenses to Lewd Conduct

In many undercover sting operations, an overzealous officer may become too aggressive and push the target of the sting into engaging in behavior that they would not have committed otherwise. In these cases, the defendant may have a strong entrapment defense if charged with engaging in or soliciting lewd conduct.

5. Penalties

Lewd conduct is a misdemeanor offense that can be punished by up to six months in jail, extensive court fines and fees, sex offender counseling, a mandatory HIV test, and a stay away order from the location where the incident occurred. A conviction of this nature can cause long-lasting problems for those seeking employment or housing.

6. Criminal Defense for Lewd Conduct

Lewd conduct is a criminal offense that can be embarrassing and can also carry serious consequences for those convicted. As a result, it is very important that you contact a Los Angeles Criminal Defense Attorney right away if you have been arrested for lewd conduct. There may be diversion programs available that could help prevent a criminal conviction, and an effective criminal defense attorney can explore and pursue these options. Los Angeles Criminal Defense Lawyer Michael Kraut is a former Deputy District Attorney with over 14 years of prosecutorial experience who fights hard on behalf of his clients charged with lewd conduct offenses. Mr. Kraut understands that charges of this nature can be very sensitive and is able to make all court appearances on his clients’ behalf.

For more information about lewd conduct, and to schedule your free consultation, contact Los Angeles Criminal Defense Lawyer Michael Kraut at the Kraut Law Group located at Sunset Boulevard, Suite , Los Angeles, CA Mr. Kraut can be reached 24/7 at or

Sours: https://www.losangelescriminallawyer.pro/california-penal-code-sectiona-pc-lewd-conduct.html

Lewd Acts in Public &#; California Penal Code (a) PC

Facing Charges of Soliciting or Engaging in Lewd Acts in Public?

California Penal Code section (a) prohibits a person from soliciting or engaging in lewd acts in public or in a place within public view. A conviction of this crime carries with it the possibility of jail time, as well as negatively impacting your reputation and your employment. As such, it is important that you hire an experienced criminal defense attorney at Wallin & Klarich to represent you when facing charges of soliciting or engaging in a lewd act in a public place.

Accused of Soliciting or Engaging in Lewd Acts in Public

California Penal Code Section (a) is straight forward, but the complexity is in the definition of the word “lewd.” Simply put, Penal Code Section (a) punishes an individual who:

“Solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.”

A lewd act is defined as any conduct that involves sexual gratification or other forms of sexual deviancy. In other words, any conduct in which moral principles are abandoned for some sort of deviant, sexual gratification is considered “lewd.” Most often, lewd acts are associated with child sex crimes, such as child molestation or touching a child in a sexual manner with the intent of sexual arousal.

Of course, Penal Code Section (a) is not limited to children, as you can be charged with a violation of Penal Code Section (a) for masturbating in a strip club or adult movie theater with other adult patrons nearby. Any sort of touching of the genitals, buttocks, or breast area of another person or yourself, can be a violation of Penal Code Section (a).

Lewd Conduct in Public PC (a) Prosecution in California

If you’re charged with soliciting or engaging in lewd or dissolute conduct in a public place in California, it is imperative that you are informed of what consequences you may face. At Wallin & Klarich, our attorneys want to explain to you what the prosecution needs to prove in order to convict you of this crime.

What must be Proven to be Found Guilty of Soliciting or Engaging in Dissolute or Lewd Conduct in Public in California

Soliciting or engaging in lewd conduct in a public place is listed under California Penal Code section (a).  In order to be found guilty of Penal Code section (a), the prosecution must prove the following:

Prosecution for lewd acts in public in California.
  1. You willfully engaged in the touching of your own or another person&#;s genitals, buttocks, or female breast;
  2. You did so with the intent to sexually arouse or gratify yourself or another person, or to annoy or offend another person;
  3. At the time you engaged in the conduct, you were in a public place or a place open to the public or to public view;
  4. At the time you engaged in the conduct, someone else who might have been offended was present; AND
  5. You knew or reasonably should have known that another person who might have been offended by your conduct was present.

What is a Willful Act?

A willful act is defined as a purpose or willingness to commit the act.  It does not require any intent to violate law, to injure another, or to acquire any advantage.

Sexual Arousal or Gratification of Yourself or Another, or to Offend Another

Another way the prosecution can find you guilty is if they prove that you committed your conduct with the intent to sexually arouse or gratify yourself or another. In other words, there was no other purpose for your act other than sexual gratification. Simply put, the sole purpose of touching your genitals or the genitals of the other was purely sexual in nature; thus, sexual gratification can be established based on the areas touched.

However, you can also be found guilty by annoying or offending another person.  For example, rubbing or touching another person’s genital areas without permission or consent will constitute being highly offensive.

What Constitutes a Public Place?

In order to be found guilty of this crime, the conduct or touching must have been done in a public place. Areas deemed to be public places include, parks, public bathrooms, open sidewalk, and movie theaters.

Third Party Present

In order to be convicted of soliciting or engaging in dissolute or lewd conduct in a public place there must have been a third party present that could have viewed the touching or conduct. Not only must another person be present, but the Defendant must have reasonably known the conduct would have been offensive to the third party.  Therefore, it is not merely enough to have a third party present and witness the conduct.

Lewd Acts in Public &#; Defenses

When facing such serious allegations of soliciting or engaging in lewd acts in a public in California, you need an experienced defense attorney that will fight for you using all possible defenses.  There are various defenses that could result in a reduction of charges or a dismissal.  Here are some defenses that your sex crime lawyers at Wallin & Klarich can raise on your behalf:

Touching was Accidental

Any sort of accidental touching of another’s genitals, buttocks or breast area in a public area is not punishable under Penal Code Section (a). California Penal Code (a) only punishes willful touching of another. A simple brush upon another’s buttocks or accidental bumping into another’s buttocks is not willful conduct.

Lack of Sexual Gratification or Intent

In order to be found guilty of Penal Code Section (a), the touching must have been done with the intent of sexual arousal or sexual gratification or to annoy or offend.  There are occasions when intentionally touching someone in the buttocks is not done for sexual gratification. For example, athletes and coaches often slap the buttocks of their fellow teammates or players as a form of encouragement and not for sexual gratification.

Public place or Within Public View Requirement

The most important requirement is that the lewd act or conduct take place in a public place or within public view. These areas can include places such as a park, public bathroom, movie theater, open balcony or your unfenced front lawn. Therefore, any private enclosed areas where the lewd acts may have taken place are not sufficient to be found in violation of Penal Code Section (a).

Third party person must be present

In addition to the above defenses, the strongest defense is that no one was present when the lewd act occurred.  Even if you committed a lewd act in a public place or in an area within public view, you can not be found guilty of this offense if there was no one present to witness or to be offended by your lewd act.  Most importantly, you can not be convicted if there was a third party present, but that third party was not visible or was hiding in an area that was not known to the defendant.

Lewd Acts in Public: Penalties, Sentencing and Punishment &#; California Penal Code (a)

Under California Penal Code section (a), soliciting or engaging in lewd acts in a public place is punishable as a misdemeanor. Your attorneys at Wallin & Klarich explain in detail the penalties, punishment and sentencing attributed to the charges of soliciting or engaging in lewd acts in public in California.

Punishment for Misdemeanor Soliciting or Engaging in Lewd Acts in a Public Place

A misdemeanor soliciting or engaging in lewd acts in a public place is by imprisonment in the county jail not exceeding six months, or by a fine not exceeding $1,, or both.

Court options at time of sentencing

If you are convicted for soliciting or engaging in lewd acts in a public place, the court has the sole discretion to determine your punishment based on certain circumstances. The court can do any of the following at the time of sentencing:

  • Place you on probation and impose a jail sentence of up to 6 months in county jail and pay a fine
  • Place you on probation and impose a fine but no jail sentence and instead order you to do community service or other work related release.

Probation Terms

Terms of probation for a lewd acts in public conviction.

If placed on probation, you will likely be placed on informal or summary probation for three years.  The terms of your probation will likely include:

  • Not violate any laws
  • Obey all orders of the court
  • Disclose the terms of your probation to a law enforcement officer when asked
  • Use your true name and date of birth at all times
  • Pay all court fines and fees

This is not an exclusive list and that the court may impose additional terms of probation.  If you violate any terms of your probation you can be sentenced to serve a county jail sentence.

Lewd Acts in Public FAQs

1. What exactly is a lewd act under Penal Code Section (a)?

Lewd Conduct as defined under Penal Code Section (a) is any touching of your own, or another person’s genitals, buttocks, or female breast with lewd intent.

2. How would someone know if the touching was for sexual gratification?

It’s well established that when an individual touches another’s genital area, buttocks, or a female’s breast area, it is usually done for the sole purpose of sexual gratification.  Additionally, if it was a male suspect, police would often ask witnesses if they observed the male suspect have an erection prior to, or after the lewd act.  Also, police would likely determine if any statements, groans or moans were made by the defendant during the commission of the lewd act to support the evidence of sexual gratification.

3. Can my attorney get the charges reduced or dismissed?

In many cases we can do that.  An aggressive criminal defense attorney can negotiate your case to a lesser charge such as an infraction for disturbing the peace (Penal Code Section ) or trespass (Penal Code Section ).  In many other cases, we are able to have the charges dismissed.  This is critical to the future of the accused facing this type of sex crime.  Nobody wants a deviant “sexual offense” on their criminal record.

4. What is a willful act?

Any touching is considered “willful” if the act is done willingly or on purpose. So long as he/she intended the action, he/she may be criminally liable for a lewd act in a public place. Any sort of touching that was accidental or resulted from a intervening act is not willful.

Wallin & Klarich Will Fight for You

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If your are faced with criminal charges of soliciting or engaging in lewd acts in a public place, it is important that you contact an experienced California defense lawyer who is experienced with these cases. Your freedom is too important to risk and our team of attorneys is ready to take on your case.

With offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina, and Victorville, Wallin & Klarich has represented numerous clients faced with the charges of soliciting or engaging in lewd acts in a public place for over 40 years.

Call us today at () 4-NO-JAIL or () . We will be there when you call.

Sours: https://www.wklaw.com/lewd-acts-in-publica-pc/

A pc 647

California Codes
PEN - Penal Code
PART 1 - OF CRIMES AND PUNISHMENTS [25 - ]
TITLE 15 - MISCELLANEOUS CRIMES
CHAPTER 2 - Of Other and Miscellaneous Offenses
Section


CA Penal Code § (through Leg Sess) What's This?

Except as provided in subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:

(a) Who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.

(b) Who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration.

(c) Who accosts other persons in any public place or in any place open to the public for the purpose of begging or soliciting alms.

(d) Who loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act.

(e) Who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it.

(f) Who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.

(g) When a person has violated subdivision (f), a peace officer, if he or she is reasonably able to do so, shall place the person, or cause him or her to be placed, in civil protective custody. The person shall be taken to a facility, designated pursuant to Section of the Welfare and Institutions Code, for the hour treatment and evaluation of inebriates. A peace officer may place a person in civil protective custody with that kind and degree of force which would be lawful were he or she effecting an arrest for a misdemeanor without a warrant. No person who has been placed in civil protective custody shall thereafter be subject to any criminal prosecution or juvenile court proceeding based on the facts giving rise to this placement. This subdivision shall not apply to the following persons:

(1) Any person who is under the influence of any drug, or under the combined influence of intoxicating liquor and any drug.

(2) Any person who a peace officer has probable cause to believe has committed any felony, or who has committed any misdemeanor in addition to subdivision (f).

(3) Any person who a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control.

(h) Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, “loiter” means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered.

(i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of any inhabited building or structure, without visible or lawful business with the owner or occupant.

(j) (1) 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.

(2) Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy.

(3) (A) Any person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another, identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person.

(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.

(ii) The victim was not in a state of full or partial undress.

(k) In any accusatory pleading charging a violation of subdivision (b), if the defendant has been once previously convicted of a violation of that subdivision, the previous conviction shall be charged in the accusatory pleading. If the previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 45 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 45 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 45 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 45 days in confinement in a county jail.

In any accusatory pleading charging a violation of subdivision (b), if the defendant has been previously convicted two or more times of a violation of that subdivision, each of these previous convictions shall be charged in the accusatory pleading. If two or more of these previous convictions are found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or are admitted by the defendant, the defendant shall be imprisoned in a county jail for a period of not less than 90 days and shall not be eligible for release upon completion of sentence, on probation, on parole, on work furlough or work release, or on any other basis until he or she has served a period of not less than 90 days in a county jail. In all cases in which probation is granted, the court shall require as a condition thereof that the person be confined in a county jail for at least 90 days. In no event does the court have the power to absolve a person who violates this subdivision from the obligation of spending at least 90 days in confinement in a county jail.

In addition to any punishment prescribed by this section, a court may suspend, for not more than 30 days, the privilege of the person to operate a motor vehicle pursuant to Section of the Vehicle Code for any violation of subdivision (b) that was committed within 1, feet of a private residence and with the use of a vehicle. In lieu of the suspension, the court may order a person’s privilege to operate a motor vehicle restricted, for not more than six months, to necessary travel to and from the person’s place of employment or education. If driving a motor vehicle is necessary to perform the duties of the person’s employment, the court may also allow the person to drive in that person’s scope of employment.

(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,), or by both that fine and imprisonment.

(2) If the victim of a violation of subdivision (j) was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,), or by both that fine and imprisonment.

(Amended by Stats. , Ch. , Sec. 1. Effective January 1, )

Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

Sours: https://law.justia.com/codes/california//pen/part-1/title/chapter-2/section/
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I took her from behind, but finished quickly: in the cramped conditions things were going badly. Then I buttoned up my trousers and looked out into the corridor: the people had been asleep for a long time. And he left, taking out his cigarettes.

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