Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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Yes, “prowling” is a crime in California. Penal Code 647i PC defines a prowler as one “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.”
PC 647i is technically known as California’s law against “peeking while loitering” or “unlawful peeking.” A violation of this code section is charged as a misdemeanor. The crime is punishable by:
Alternatively, the judge might sentence you to misdemeanor (summary or informal) probation. Luckily, you can raise a legal defense to challenge prowling accusations. Some common defenses include that you:
Please note that prowling is a separate and different crime than that of “invasion of privacy,” under Penal Code 647j PC.
Under PC 647i, a prosecutor must prove three things to convict you of the offense of prowling successfully. These are that you:
Note that a building or structure is “inhabited” if someone uses it as a dwelling. It does not matter whether someone is inside at the time of the alleged peeking. Also note that Penal Code 647i is not a crime that requires “specific intent.” This means that it does not matter why (or when) you decided to look through someone’s window or door. You can be convicted of PC 647i even if you did not enter the property with the intention to loiter or peek. Some examples of prowling include:
A violation of this code section is charged as a misdemeanor. The crime is punishable by:
Alternatively, the judge might sentence you to summary (or informal) probation. If sentenced to probation, you will serve little or no jail time. But there may be conditions to probation, such as:
If you violate the conditions of probation, the judge can revoke the probation and sentence you to jail. Please note that a conviction of “prowling” does not require California sex offender registration.
Luckily, if you are accused of unlawful peeking, you can challenge the accusation by raising a legal defense. A successful defense can reduce or even dismiss a charge. Four common legal defenses to an accusation of violating PC 647i include that you:
Under California law, “to loiter” means to linger or hang around in a public place or business where you have no particular or legal purpose.
While invasion of privacy is a crime in California, it is not the same offense as prowling. Penal Code 647j is the California statute on criminal invasion of privacy. This section makes it an offense to either:
Invasion of privacy under Penal Code 647j is charged as a misdemeanor in California. Potential punishment can include:
However, note that punishment increases if:
In either of these cases, the penalty for invasion of privacy can include:
Note that California also has civil causes of action for certain forms of invasion of privacy. A victim can sue for “public disclosure of private facts” when you publicly make known private and embarrassing information about the victim. One can also make a “false light” claim when you (or a business) disseminates false and embarrassing assertions about the subject.
For more in-depth information, refer to these informational articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.