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Encyclopedia entry

Penal Code 647(j) (Invasion of Privacy / Unlawful Viewing or Recording)

Criminalizes secretly photographing, recording, or viewing a person in a location where they have a reasonable expectation of privacy.

Penal Code section 647, subdivision (j), criminalizes several forms of invasion of privacy, including using a concealed device to secretly photograph or record someone's body under or through their clothing without consent, and photographing or recording someone in a bathroom, changing room, or similar location where a reasonable expectation of privacy exists. It also addresses secret recording for sexual gratification purposes in specified contexts.

Security camera placement is the most direct intersection point for this statute: cameras must never be positioned to view into restrooms, locker rooms, or similarly private areas of a Sacramento apartment, gym, or retail property, even with good intentions such as deterring vandalism. Improper camera placement can create both criminal exposure for whoever installed or operates the system and significant civil liability for the property owner.

Security officers and camera-system administrators should follow strict protocols limiting camera views to common areas and public-facing spaces, promptly flag any camera that appears to have an unintended view into a private space, and never use handheld devices to record individuals in changing areas or restrooms under any circumstance. Camera system audits during onboarding of a new client site are a practical safeguard.

This statute has specific technical elements and exceptions; verify current statutory text and consult counsel when reviewing camera placement or handling any complaint alleging improper viewing or recording.

Related entries

Penal Code 632 (Recording Confidential Communications)California's two-party consent wiretapping statute, prohibiting recording of confidential communications without all parties' consent.Civil Code 1798 et seq. / CCPA-CPRA (Privacy and Camera Footage)California's general privacy statute chapter and the CCPA/CPRA framework that governs how security camera footage and related data must be handled.Security Technology (Cameras, GPS, Access Systems)The cameras, GPS checkpoint tools, and access-control systems that complement, but do not replace, patrol staffing.CPTED (Crime Prevention Through Environmental Design)A set of physical-design principles — lighting, sightlines, landscaping, access control — that reduce crime opportunity.

Official sources

  1. [1]Cal. Penal Code § 647California Legislative Information

Links point to the publishing agency or the California Legislative Information text. Government pages are reorganized periodically — if a link moves, search the code section or agency name at the official site.

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General industry and regulatory usage — not legal advice, and not an endorsement by BSIS, the Department of Consumer Affairs, or any law-enforcement agency. Statutes, regulations, and local ordinances change; verify current text at the official government source or with your attorney.

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