In re R.C.Annotate this Case
The Court of Appeal affirmed the juvenile court's finding that R.C. had committed an unauthorized invasion of privacy pursuant to Penal Code section 647, subdivision (j)(3)(A).
The court applied the plain meaning of the word "concealed," and held that "concealed" means "to prevent disclosure or recognition of," and "to place out of sight." Similarly, Merriam-Webster defines "concealed" as "kept out of sight or hidden from view." In this case, the court held that substantial evidence demonstrated that R.C. committed the offense of unauthorized invasion of privacy when he used a concealed cellphone to secretly video-record K.V. in a state of full or partial undress, in a place where she had a reasonable expectation of privacy, with the intent to invade her privacy. In this case. R.C. did not tell K.V. about his intent to video-record them until after he had begun recording, he positioned the cellphone behind K.V. where it was hidden from her view, and K.V. did not realize the cellphone was present until R.C. announced he was recording and she turned her head.