baerana -
There is no simple answer to your question, but I think I can give you
the general explanation and guidance you are asking for.
"Peeping Tom" laws are criminal laws based on principles of invasion
of privacy. Some states have them; some don't. The ones that do have
them word them in many different ways, so the facts that have to be
established to convict a person of the offense vary widely from state
to state. Some prosecutors in states without such laws may try to
prosecute "Peeping Tom"-like conduct under other statutes, such as
"disorderly conduct." Some broadly worded statutes have undoubtedly
been ruled unconstitutional.
Each "element" of any crime generally has to be proved "beyond a
reasonable doubt." Some of the elements of various "Peeping Tom" laws
include requiring the victim to be unclothed, requiring the victim to
have a "reasonable expectation of privacy," or requiring a physical
trespass on another's property by the "Peeping Tom."
As I noted, not all states require all of these elements. Here are a
couple of differing approaches.
Oklahoma has a broad statute that could indeed be read to forbid the
conduct you use as an example. Presumably you would argue that the
applying this law to your hypothetical conduct would be
unconstitutional. Here is an excerpt from that state's uniform jury
instructions:
"PEEPING TOM -- ELEMENTS
No person may be convicted of violating the peeping tom statute unless
the State has proved beyond a reasonable doubt each element of the
crime. These elements are:
First, hid/waited/loitered;
Second, in the vicinity of any (private dwelling house)/(apartment
building)/(place of residence);
Third, with the unlawful and willful intent;
Fourth, to watch/gaze/(look upon) the occupants;
Fifth, in a secretive manner."
Oklahoma Uniform Jury Instructions
http://www.occa.state.ok.us/datafiles/legal/Oklahoma/ouji/criminal/OUJI-CR%204-136.html
On the other hand, Missouri's analogous statute says that a criminal
invasion of privacy occurs only when one "knowingly views, photographs
or films another person, without that person's knowledge or consent,
while the person being viewed, photographed or filmed is in a state of
full or partial nudity and is in a place where he would have a
reasonable expectation of privacy."
Cape Girardeau, Missouri Prosecuting Attorney
Criminalizing Invasion Of Privacy: Taking
A Big Stick To Peeping Toms
http://www.showme.net/CapeCounty/pa/INETPUBPEEPINGTOM.htm
(about halfway down the page)
I suggest that you take a look at the web page I just cited, since it
will give you a good background on the subject of Peeping Tom laws.
Google Search Terms:
"peeping tom" laws
"peeping tom" elements
I hope this helps. If any of the above needs clarification, just let
me know.
markj-ga |