National Center for Prosecution of Child Abuse
National District Attorneys Association
12
(h) Who loiters, prowls, or wanders upon the private property of another, at any time, without
visible or lawful business with the owner or occupant. As used in this subdivision, "loiter" means
to delay or linger without a lawful purpose for being on the property and for the purpose of
committing a crime as opportunity may be discovered.
(i) 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.
(j)
(1) Any person who looks through a hole or opening, into, or otherwise views, by means of any
instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion
picture camera, or camcorder, the interior of a bedroom, bathroom, changing room, fitting room,
dressing room, or tanning booth, or the interior of any other area in which the occupant has a
reasonable expectation of privacy, with the intent to invade the privacy of a person or persons
inside. This subdivision shall not apply to those areas of a private business used to count currency
or other negotiable instruments.
(2) Any person who uses a concealed camcorder, motion picture camera, or photographic
camera of any type, to secretly videotape, film, photograph, or record by electronic means,
another, identifiable person under or through the clothing being worn by that other person, for the
purpose of viewing the body of, or the undergarments worn by, that other person, without the
consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust,
passions, or sexual desires of that person and invade the privacy of that other person, under
circumstances in which the other person has a reasonable expectation of privacy.
(3)
(A) Any person who uses a concealed camcorder, motion picture camera, or photographic
camera of any type, to secretly videotape, film, photograph, or record by electronic means,
another, identifiable person who may be in a state of full or partial undress, for the purpose of
viewing the body of, or the undergarments worn by, that other person, without the consent or
knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting
room, dressing room, or tanning booth, or the interior of any other area in which that other person
has a reasonable expectation of privacy, with the intent to invade the privacy of that other person.
(B) Neither of the following is a defense to the crime specified in this paragraph:
(i) The defendant was a cohabitant, landlord, tenant, cotenant, employer, employee, or
business partner or associate of the victim, or an agent of any of these.
(ii) The victim was not in a state of full or partial undress.
(k) In any accusatory pleading charging a violation of subdivision (b), if the defendant has been
once previously convicted of a violation of that subdivision, the previous conviction shall be
charged in the accusatory pleading. If the previous conviction is found to be true by the jury,
upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, the defendant
shall be imprisoned in a county jail for a period of not less than 45 days and shall not be eligible
for release upon completion of sentence, on probation, on parole, on work furlough or work