Cal.Penal Code, Title 15, sec. 647(j) (2013) - Revenge Porn | Jeannie Suk | March 05, 2015

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Cal.Penal Code, Title 15, sec. 647(j) (2013) - Revenge Porn

by Jeannie Suk
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Title XV

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Miscellaneous Crimes

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§ 647. Disorderly Conduct

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Except as provided in subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor:

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(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, camcorder, or mobile phone, 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. 

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(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.

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 (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.

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(B) Neither of the following is a defense to the crime specified in this paragraph:

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(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.

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(ii) The victim was not in a state of full or partial undress.

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(4)(A) Any person who intentionally distributes the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, under circumstances in which the persons agree or understand that the image shall remain private, the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress.

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(B) A person intentionally distributes an image described in subparagraph (A) when he or she personally distributes the image, or arranges, specifically requests, or intentionally causes another person to distribute that image.

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(C) As used in this paragraph, intimate body part means any portion of the genitals, the anus and in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing.

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(D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies:

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(i) The distribution is made in the course of reporting an unlawful activity.

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(ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding.

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(iii) The distribution is made in the course of a lawful public proceeding.

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(5) This subdivision shall not preclude punishment under any section of law providing for greater punishment.

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Annotated Text Information

January 28, 2017

Cal.Penal Code, Title 15, sec. 647(j) (2014) - Revenge Porn

Cal.Penal Code, Title 15, sec. 647(j) (2013) - Revenge Porn

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Jeannie Suk

Harvard University

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