April 2, 2013
Oxnard police arrested a 39-year-old Santa Paula man after he was accused of videotaping under women's skirts and dresses with his iPhone at an Oxnard Costco.
Detectives working on the case reviewed photographs and videos on the suspect's iPhone and iPad. They allegedly found several more potential victims of the accused “upskirting” activity. Police alleged that the suspect had been engaging in the activity throughout Ventura County, including a Target store in Camarillo.
It is illegal to engage in electronic voyeurism anywhere in the country. In California, the crime is covered under California Penal Code Section 647. While there are various nuances to PC 647, the crime would most likely be prosecuted under Penal Code 647 (j) (2), which states that it is illegal for a person to use a hidden recording device to record under or through the clothing of another person without their knowledge or consent. If prosecuted, it would have to be proved that the person doing the recording has invaded another's privacy and that he or she did so with the intent to “arouse, appeal to, or gratify the lust passions, or sexual desires” of the person who had committed the violation.
A conviction could lead to imprisonment in a county jail of one year and a possible fine of up to $2,000.
Have you been accused of illegal electronic voyeurism? It is important that your case be handled by a team of legal professionals who understand the need for discretion and nuances of the laws governing these violations. Call the Ventura sex crime attorneys at The Law Offices of Daniel E. Kann at (888) 744-7730 or contact us online to discuss your case today. Our law firm is dedicated in fighting for your legal rights and will work to get you the best possible outcome for your case.