California Court of Appeal

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In re R.C., 292083

Affirmed. Juvenile defendant, R.C., a high school student, used his cellphone to record a video while he was having consensual sex with a female high school student. She did not give permission. She requested that it be deleted. R.C. agreed to delete it if she would have sex with his friend. The Juvenile Court found that R.C. had committed an unauthorized invasion of privacy. R.C. argues that there was insufficient evidence that the cellphone was concealed as required by Penal Code 647. The appeals court offered an interpretation of “concealed” that include not telling about the intention to video record and keeping the cellphone hidden from sight, even though he later announced he was recording.

Appellate Information

  • Decided
  • Published 2019/08/28

Judges

  • Currey

Court

  • California Court of Appeal

Counsel