Taking Clandestine Photos
Taking Clandestine Photos is the illegal taking of photographic, electronic, or video equipment for a lascivious purpose, as well as the publishing or distributing of the material, when that person has a reasonable expectation of privacy. Taking photos of a person’s “private area” includes the naked or undergarment-clad genitals, pubic area, buttocks, or any portion of the areola of a female breast is illegal under this statute. This crime does not include consensual naked pictures or sexual videos.
The statute for Taking Clandestine Photos is OKLA. STAT. tit. 21 § 1171, which states that “Every person who uses photographic, electronic or video equipment in a clandestine manner for any illegal, illegitimate, prurient, lewd or lascivious purpose with the unlawful and willful intent to view, watch, gaze or look upon any person without the knowledge and consent of such person when the person viewed is in a place where there is a right to a reasonable expectation of privacy, or who publishes or distributes any image obtained from such act, shall, upon conviction, be guilty of a felony. Every person who hides, waits or otherwise loiters in the vicinity of any private dwelling house, apartment building, any other place of residence, or in the vicinity of any locker room, dressing room, restroom or any other place where a person has a right to a reasonable expectation of privacy, with the unlawful and willful intent to watch, gaze, or look upon any person in a clandestine manner, shall, upon conviction, be guilty of a misdemeanor.”
Elements of the Crime
In order to be convicted of Taking Clandestine Photos in Oklahoma, the prosecution must prove each of the following elements beyond a reasonable doubt. The criminal defense attorneys at Cannon & Associates are FIERCE ADVOCATES for every client and will hold the government to their burden in your case. In order to be convicted of this crime; the government must prove ONE OF THE FOLLOWING:
1) using photographic, electronic, or video equipment;
2) in a clandestine manner;
3) for an illegal, illegitimate, prurient, lewd or lascivious purpose;
4) with the unlawful and willful intent;
5) to view, gaze, watch, or look upon another person;
6) without the knowledge and consent of the other person;
7) when the other person was in a place where there is a right to a reasonable expectation of privacy.
1) Publishing or distributing an image obtained from;
2) Using photographic, electronic, or video equipment;
3) in a clandestine manner;
4) for an illegal, illegitimate, prurient, lewd or lascivious purpose;
5) with the unlawful and willful intent;
6) to watch, gaze, or look upon another person;
7) with the knowledge and consent of the other person;
8) when the other person was in a place where there is a right to a reasonable expectation of privacy.
Oklahoma Jury Instruction #4-136A.
What the Skilled Lawyers at Cannon & Associates Can Do For You
Being charged with Taking Clandestine Photos in Oklahoma is a serious matter. The Oklahoma criminal defense attorneys at Cannon & Associates are Fierce Advocates for Families and Freedom and will fight for you! At Cannon & Associates, we have extensive criminal defense experience, and will be with you every step of the way. We will take care to explain the issues and options to get you to your desired result and support you in this difficult time.
Contact – Cannon & Associates: Oklahoma Criminal Defense
Cannon & Associates is dedicated to Fierce Advocacy for Oklahoma criminal defendants and will fight for you. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40. Contact Cannon & Associates to protect your rights and fight your criminal case in Oklahoma. Complete the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.
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