Google Answers Logo
View Question
 
Q: Silly Peeping Tom question ( Answered 4 out of 5 stars,   0 Comments )
Question  
Subject: Silly Peeping Tom question
Category: Relationships and Society > Law
Asked by: baerana-ga
List Price: $2.50
Posted: 14 Nov 2002 11:18 PST
Expires: 14 Dec 2002 11:18 PST
Question ID: 107776
I just saw "Rear Window" for the dozenth time - love that movie :)

One thing bothers me, though - the nurse keeps telling Jeffries he
will go to jail for being a "peeping Tom" because he stares out his
back window into his neighbor's windows.  I have trouble believing
this is illegal.  Now, if he climed a tree so he could look in
someone's window, or trespassed, etc. that would be a crime.  But is
just looking out your window into theirs illegle?  I live in the US,
but don't need a specific answer - I don't plan to start staring in my
neighbors.  I just have a general wondering, and would like a couple
of sites that would explain the actual laws.  Thanks!
Answer  
Subject: Re: Silly Peeping Tom question
Answered By: markj-ga on 14 Nov 2002 12:48 PST
Rated:4 out of 5 stars
 
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
baerana-ga rated this answer:4 out of 5 stars
Very informative and helpful.  Much thanks!

Comments  
There are no comments at this time.

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  


Google Home - Answers FAQ - Terms of Service - Privacy Policy