What Is Criminal Invasion of Privacy under California Law?

Criminal invasion of privacy is a misdemeanor offense.

What Is Criminal Invasion of Privacy under California Law?

Most people think of invasion of privacy as a civil matter. If you do something that harms someone’s privacy — such as spreading private information about them in a way that damages them — then the remedy would often be a civil lawsuit. The person who is wronged could file a lawsuit asking for financial damages for whatever harm he or she has suffered as a result, such as an injury to his or her business or reputation.

However, California also has criminal invasion of privacy laws. According to a criminal attorney Los Angeles, CA, the law makes it a crime to invade others’ privacy in specific ways — and a prosecutor can bring a criminal case if you violate this law. The punishment may include fines or even a prison term.

Under California law, it is a misdemeanor to violate someone’s privacy in any one of three ways:

  • Using a device to invade a person’s privacy (such as a telescope of binoculars, but potentially more high tech devices);
  • Secretly recording or photographing a person’s body under or through his or her clothing for the purpose of sexual arousal or gratification; or
  • Secretly recording someone in a private room in order to view that person’s body or undergarments.

There are numerous potential examples of criminal invasion of privacy that may take place in our society, as a criminal attorney Los Angeles, CA can explain. For example, the classic case of a “peeping Tom” — a person watching someone else through a window using a device (possibly binoculars, but perhaps night vision goggles) could be charged with criminal invasion of privacy. Similarly, a person who installs a video camera in a dressing room or a bathroom may be charged with this crime. Alternatively, a man taking “upskirt” pictures or otherwise attempting to sneak pictures of women under their clothes could be charged with criminal invasion of privacy under California law.

While criminal invasion of privacy is a serious offense, it is categorized as a misdemeanor, which is less serious than a felony offense. It is punishable by up to six months in county jail, and/or a fine of up to $1,000. A second or greater offense can lead to a sentence of up to 1 year in county jail and/or a fine of up to $2,000. If the victim was a minor at the time of the offense, the increased penalties will also apply.

At the Chambers Law Firm, we have years of experience representing clients who have been charged with a range of offenses, including invasion of privacy. As a former prosecutor, Attorney Dan E. Chambers knows how the system works — and he puts his knowledge to use to fight for his clients’ rights. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced criminal attorney Los Angeles, CA.

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