In California, numerous laws protect individuals' rights to privacy and ensure that people are held accountable for actions that invade that privacy. One such law is California Penal Code 647i, which addresses the issue of "prowling." 
But what does it mean to be charged with prowling? Is it something as innocent as lingering near a building, or is it a serious offense? This article breaks down the crime of prowling, its penalties, legal defenses, and its relationship to other crimes like "invasion of privacy."

What is Prowling in California?

In California, "prowling" is defined under Penal Code 647i as loitering, wandering, or lingering on someone else's private property without a lawful purpose, intending to peek into an inhabited building or structure. The law, exemplified by AB 1972, targets actions beyond mere presence on the property, explicitly focusing on intentional privacy invasion, such as spying through windows or doors, even if the person doesn't enter the property. The act of peeking into a dwelling, whether occupied or not, can lead to charges as long as it's done without consent.
The term "inhabited" refers to any structure used as a dwelling, and the law focuses on protecting the privacy of those inside. The charge applies regardless of whether the residents are home at the time. Even looking into an unoccupied house's window without permission can be enough for a prowling charge, making the intent to invade privacy a crucial element in these cases.

Penalties for Prowling in California

Being convicted of prowling under Penal Code 647i is a misdemeanor in California. The penalties can vary, but they typically include:

• Up to six months in county jail
• A fine of up to $1,000

Alternatively, if convicted, a judge may sentence you to informal (summary) probation, during which the defendant may avoid jail time. However, even probation comes with conditions, including paying restitution to victims, performing community service, or attending counseling programs. If the defendant violates any terms of their probation, they could face jail time instead.
It's also important to note that while the penalties for prowling are not as severe as some other criminal offenses, being convicted of this crime still carries significant consequences. A criminal conviction can affect one's personal and professional life, and having a criminal record could result in difficulty finding employment or housing.

The Legal Definition of Prowling

To be convicted under PC 647i, the prosecution must prove three elements beyond a reasonable doubt:

• The defendant lingered, loitered, or prowled on private property without a lawful purpose.
• The defendant peeked into a door or window of an inhabited building or structure while on that property.
• The defendant had no visible lawful business with the owner or occupant of the property.

This means that even if you didn't enter the house or building, just looking through a window or door with no legitimate reason could be enough to be charged. Additionally, a "visible lawful business" could include having a reason to be on the property, such as delivering a DHL package, visiting a friend, or performing a job-related task. If you prove that your presence was justified, you can avoid a conviction for prowling.

Common Examples of Prowling

To understand how PC 647i applies, let's look at some common examples:

• Example 1: Alfred sneaks into his neighbor's backyard at night to spy on them through a bedroom window, hoping to witness a private moment between the couple. This is a clear case of prowling, as Art is on the property without a legitimate reason and peeking into an inhabited building.
• Example 2: Sasha suspects that her boyfriend is cheating and decides to go to the home of a woman she suspects is involved. She lingers outside the house, peeking into every window to gather evidence. Sasha's actions could lead to a prowling charge, as she has no legal business being on the property and is peeking into a dwelling.
• Example 3: Martin has a crush on his professor and sneaks into her backyard in an attempt to look through her bathroom window. Since Martin is not there for any lawful reason and is trying to look through an inhabited structure, this could also result in a prowling charge.

These examples demonstrate how even seemingly harmless actions can be interpreted as criminal activity under California's laws on prowling.

Defenses to Prowling Charges

Several potential defenses could help reduce or dismiss the charges if you've been accused of prowling in California. Some of the most common defenses include:

1. Lack of Lawful Purpose
   One potential defense to a prowling charge is to prove that you were on the property for a lawful purpose. For example, if you were waiting for a friend to arrive or performing a legitimate business task (such as delivering a package), you may be able to show that your presence was justified. It's important to note that the burden of proof falls on the prosecutor to indicate that you were there without a lawful purpose.
2. No Peeking or No Inhabited Building
   Another defense could be that you were not peeking into a window or door or that the building you were near was not inhabited. If the prosecution cannot prove that you were peering into an inhabited structure, then the elements of the crime under PC 647i would not be satisfied.
3. Not Loitering or Wandering
   You could argue that you were not loitering or wandering around aimlessly. For instance, if you were on the property for a legitimate reason or were not lingering for a significant amount of time, this defense could be used to challenge the charge.
4. False Accusations
   In some cases, individuals are falsely accused of prowling. If you were not involved in any suspicious or illegal behavior, you may be able to argue that you were wrongly accused. A skilled criminal defense attorney can help investigate the facts of your case and determine if there is any merit to the accusations.

Prowling vs. Invasion of Privacy

It's important to differentiate between prowling and invasion of privacy, also known as home invasion. While both crimes deal with illegal peeping or spying, they are distinct offenses.
Invasion of privacy under Penal Code 647j involves looking into private areas like bathrooms, dressing rooms, or using a camera to invade someone's privacy by capturing inappropriate images. This offense carries its own penalties, which may include up to six months in jail and a fine. However, if a peeping incident occurs in a private area of someone's home, it could lead to both a prowling and an invasion of privacy charge.

How a Criminal Defense Law Firm Can Help
If you're facing a charge of prowling or another related crime, having an experienced criminal defense attorney can be invaluable. A skillful attorney can help you understand the legalities, challenge the evidence, and protect your rights. They will assess whether the prosecution can meet the legal requirements for a conviction and explore potential defenses to avoid or reduce the charges.

At Bulldog Law, we offer comprehensive legal services to individuals facing criminal charges in California. Our team of seasoned attorneys can help you understand your options, build a defense strategy, and fight for the best possible outcome in your case.