People v. Johnson
Annotate this CasePenal Code section 647(j)(2) criminalizes the act of secretly filming or photographing an “identifiable person” under or through that person’s clothing so as to view the person’s body or undergarments, for sexual gratification, under circumstances in which the person has a reasonable expectation of privacy. Johnson was charged with 12 counts of violating the section. The jury was shown video footage defendant had recorded in which he followed women and filmed under their skirts, without their knowledge. In some cases, the resulting footage did not capture the women’s faces, or their profiles. During closing arguments, the prosecution and defense advanced two competing definitions of “identifiable person.” The jury found defendant guilty. The court of appeal reversed as to five counts, finding instructional error. To establish the defendant has filmed an “identifiable person,” the prosecutor must prove that when all of the evidence is considered, it is reasonably probable someone could identify or recognize the victim; this may include the victim herself or himself.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.