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Return to CALJIC Part 14-17 – Contents

F 16.447a

Unlawful Peeking:

Intent To Commit Crime If Opportunity Arises

Not An Element Of The Offense

*Modify 3rd ¶ and Elements of CJ 16.447 as follows [deleted language is between << >>]:

The word “loitering” means to delay or linger without a lawful purpose for being on the property <<and for the purpose of committing a crime as opportunity may be discovered>>.

In order to prove this crime, each of the following elements must be proved:

1.             A person delayed, lingered, prowled, or wandered upon the private property of another;

2.             The person did so without a lawful purpose for being on the property; AND

<<3.        The person had a specific intent to commit a crime if [he] [she] discovered the opportunity to do so; and>>

3. <<4.>> The person<<, while doing so,>> peeked in the door or window of any inhabited building or structure located thereon.

Points and Authorities

See In re Joshua M. (2001) 91 CA4th 743, 747 [110 CR2d 662].

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