Under California Penal Code 647(i) any building which is used as a residence can be considered an inhabited structure. It does not matter whether someone is inside at the time of peeking or not. A defendant may still be charged with peeking while loitering, even if no one is at the property.
“Specific Intent” Not Required in Penal Code 647(i) Peeping Tom Charges
Specific intent is not required in Penal Code 647(i) Peeping Tom charges. doesn’t. Furthermore, it is not important why a person decided to peek into a door or window on someone else’s private property. As such, a defendant can be convicted of PC 647(i), even if he entered the property without intent to loiter or peek.
What Does the Prosecutor Have To Prove To Be Convicted of Penal Code 657(i)?
The prosecutor must prove the following elements in order to successfully convict the defendant for Penal Code 657(i) offense:
- Defendant lingered, delayed, wandered or prowled on another person’s private property;
- Defendant did not have a lawful purpose for being another person’s property; and
- Defendant peeked in the door or window of an inhabited building or structure when he was on the property
What are the Penalties for Penal Code Section 647(i) Conviction?
Per California Penal Code Section 647(i) unlawful peeking is a misdemeanor offense and penalties include the following:
- Up to six months in a county jail;
- A fine of up to $1,000 Misdemeanor probation
Penalties for second or subsequent offense or a first time offense in situations where the person being viewed is a minor are the following:
- Up to one year in a county jail;
- A fine of up to $2,000
Experienced Los Angeles Criminal Defense Attorney
If you or a loved one is under investigation or has been arrested for Penal Code 647(i) Peeping Tom charges. in California, we invite you to contact our experienced Los Angeles criminal defense attorney at (213) 401-2777 for free consultation and case review.