Invasion of Privacy and Revenge Porn

The privacy of individuals is protected by the constitution and civil law. However, there are certain actions involving the invasion of an individual’s privacy that the law recognizes as criminal behavior. Commonly referred to as “peeping tom” and “revenge porn” offenses, they are part of California’s Penal Code and carry serious penalties. If you are charged, it is important that you seek the legal services of a San Diego criminal defense lawyer to build a strong defense against the California revenge porn penalties or the consequences for illegally invading someone’s privacy.

What Is Invasion Of Privacy?

California criminal law divides “peeping tom” crimes into two categories. Namely peeking through a door or window, while loitering on private property and secondly, the invasion of another’s privacy by doing the following:

• Using a device;
• Recording or photographing another’s body under or through their clothes; or
• Recording or photographing another while they are in a private room.

In all instances, the critical elements are that the victim did not consent and your actions were done in secret. The law relating to “peeping tom” as a criminal invasion of privacy offense can be very complex and is charged as a misdemeanor.

California revenge porn penalties, on the other hand, are fairly new to the state’s criminal law. Generally pursued as a civil matter, you may face criminal prosecution if you distribute nude photos or videos of the victim with the intention to cause emotional stress. The elements of the offense include:

• The taking of photo or videos of intimate body parts, where there is an agreement the photos or video is for private reasons;
• The distribution of the said photos or videos in which the victim can be identified;
• The presence of an intention to cause emotional distress; and
• There was actual emotional distress suffered by the victim.

The crime of revenge porn is a misdemeanor and was only categorized as a crime in late 2013. It is part of California’s disorderly conduct laws.

Can I Go To Jail For These Crimes?

Both offenses are misdemeanors under California’s law and sentencing can include jail time. If charged with peeking while loitering or invasion of privacy, you could face up to six months of jail time. There is also the imposition of a fine of upwards of $1,000 that is in addition to or an alternative to imprisonment.

Like many other criminal matters, your criminal history will be important if you are found guilty. Penalties for an invasion of privacy or a revenge porn crime will increase if you are a repeat offender. In relation to California revenge porn penalties, sentencing will be enhanced if the victim is a minor. A judge will also possess the discretion to sentence you to probation.

How Can I Beat The Charges?

The allegations of invasion of privacy and revenge porn carry a very negative connotation in society. Nevertheless, you are considered innocent until proven guilty. Having a San Diego invasion of privacy defense lawyer will make a significant difference as you seek to prove your innocence. The following are the legal defenses available to you if charged with peeking while loitering:

• The property was not private property;
• There was no loitering;
• There was a lawful reason for your presence; or
• The building into which you are alleged to have been peeking was not inhabited.

If your charge is invasion of privacy, at trial you can put forward the following defenses:

• The absence of a reasonable expectation of privacy;
• There was consent on the part of the victim;
• There was no intention to invade the privacy of the individual; or
• There was no intention on your part for sexual gratification.

As with all other criminal matters, there is always the opportunity for charges to be reduced or dismissed prior to trial. Your ability to secure your freedom and restore your character is to hire an attorney who has experience in this area of criminal law.

The elements of the crime of revenge porn are critical and the prosecution must prove all the elements to obtain a conviction. Accordingly, a sound defense that seeks to discredit witnesses and any one element of the crime can lead to a favorable verdict. The law relating to revenge porn is fairly new, but it is important to get a San Diego defense attorney to help you fight the charges.

Hire An Experienced Defense Attorney

For years, the lawyers at McElfresh Law have been dedicated to criminal defense litigation. If you are charged with invasion of privacy or revenge porn, we are the lawyers that will be on your side. Our legal team is equipped with the experience and in-depth knowledge that is critical to your courtroom representation.

False accusations are very popular in this area of the law. Call us today at (858) 756-7107, and let McElfresh Law be the lawyers to help you fight your invasion of privacy charges or any California revenge porn penalties.