Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

Invasion of Privacy Can Come with Both Civil and Criminal Penalties

In California, invasion of privacy is illegal both criminally and civilly. In a civil case, “false light” claims are included, which involve cases in which privileged information is disclosed to the public. Both laws are relatively similar in that they involve a person performing an act that invades someone else’s privacy. However, the specific acts committed vary in both cases.

If you have been charged with criminal invasion of privacy then you need a skilled attorney who can help you fight these charges. You have found that attorney in Law Office of Michael L. Fell. Read on to learn more about these charges and then contact our offices at (949) 585-9055 for a free legal consultation.

The main difference between civil and criminal charges

The state of California brings charges of criminal invasion of privacy to punish a person for committing a fine. That punishment could potentially be a fine or a prison term. In a civil case, the party who suffered as a result of the act would be the one to bring the lawsuit.

The definition of criminal invasion of privacy in California

In the state of California, it is a misdemeanor to violate a person’s privacy in three ways:

  1. Using a device such as binoculars or telescope to invade their privacy.
  2. Secretly photographing and / or recording a person’s body under or through their clothing for the purpose of sexual gratification.
  3. Secretly recording or photographing a person in a private room with the intention of viewing said person’s body or undergarments.

Examples would include a man acting as a “peeping Tom” to watch someone undress through their binoculars, a person secretly recording a dressing room to watch someone undress, or a person taking up-skirt photos at a shopping mall escalator.

Potential criminal consequences for invasion of privacy in California

In the state of California, invasion of privacy is considered to be a form of disorderly conduct and is a misdemeanor. The potential legal consequences can include up to six months in county jail and a fine of as much as $1,000, That punishment can be increased if it is the defendant’s second or subsequent offense for the same crime, or if the victim of the crime was a minor. In these cases, the penalty can be increased to up to a year in county jail and fines of as much as $2,000.

Defense options against criminal invasion of privacy

The specific defense option would vary based on the specific case. It may be that the accused person had a pair of binoculars and was using them but only to look at birds in the sky and not to look at the person they are alleged to have invaded the privacy of. This is just one example of the ways in which a criminal defense attorney may be able to successfully argue a case on your behalf. Call Law Office of Michael L. Fell at (949) 585-9055 now if you need assistance from an attorney.