When Can I Be Charged with Sightseeing at the Scene of an Emergency?

Slowing down to look at an accident on the freeway may be all-too-common, but in California, you can actually be charged with a crime for sightseeing at the scene of an emergency. The law defines emergencies as more than just car accidents and fires to possibly include normal police operations. You should be aware of both your rights and what not to do if you encounter an emergency in progress.

What Is Sightseeing at the Scene of an Emergency?

To protect potential victims of emergencies as well as first-responders, California has made it a misdemeanor to sightsee at the scene of an emergency. But what is considered “sightseeing?”

For a California prosecutor to convict you of this crime, they must prove in court that you:

• Arrived at or halted at the scene of an emergency.
• So that you could watch the emergency unfold or how first responders performed their duties at the crisis.
• While the emergency was ongoing and still required a response from police or firefighters.
• Your presence at the scene somehow impeded the jobs of first responders; and,
• You were not on the scene because of a work-related duty.

Because of the last required element, someone like a tow-truck driver cannot get in trouble if they were called to the scene of a car accident.

What Scenarios Are Considered Emergencies?

The prohibition on sightseeing at the scene of an emergency serves a good purpose. For example, imagine a car accident on the side of the road. If you stop your own vehicle to look at the crash, you may prevent an ambulance from getting to the scene. Even mere seconds matter greatly in these circumstances, so it is in everyone’s interest to stop looky-loos from blocking traffic.

Similarly, if you see a burning building and stand at the entrance to take a video of the disaster, you may get in the way of firefighters trying to rescue victims. In the worst case, you can even endanger yourself or others by being there.

However, fires and car accidents are not the only things considered emergencies for the purposes of this law. Judges have leeway to consider other situations, such as police arresting a suspect, to be emergencies. In this case, you trying to film an arrest of your neighbor could be considered sightseeing if you somehow impede law enforcement.

Punishment for Sightseeing at the Scene of an Emergency

An arrest for sightseeing at the scene of an emergency will result in misdemeanor charges against you. If you are convicted at trial, you will face maximum penalties of up to six months in county jail and a fine not to exceed $1,000.

A judge can order you to serve summary probation instead of sending you to jail. In this case, you would need to carry out the terms of your probation, such as doing community service, but would avoid spending time locked up. However, if you are charged with sightseeing at the scene of an emergency while on private property, you may also face trespassing charges. Often, prosecutors will try to charge as many crimes as possible to drive plea-bargaining, where you admit to one allegation so that the other charges are dropped.

Were you arrested for sightseeing at the scene of an emergency in Long Beach, California? Chambers Law Firm has experienced criminal defense attorneys that can help. Schedule an obligation-free initial consultation now by calling 714-760-4088 or emailing dchambers@clfca.com.