- A put his hand with his smartphone into a high school girl’s skirt at escalator in the station of Asakusa train and took a upskirt picture. Then, a man who was staying in close to Mr. A overpowered and turned Mr. A over to police officers of Aigan Police Station of the Metropolitan Police Department…
- I was arrested on the spot by a patrolling officer of Yoyogi Police Station of the Metropolitan Police Department on suspicion of having broken into the women’s restroom in Yoyogi Midori Park near Yoyogi station and set up a spy camera there…
What Crime Can Camera Voyeurism or Peeping Be?
Where charged with camera voyeurism or peeping,
There is a possibility to be punished under Tokyo ordinance against disturbing the peace as secret photographing action.
|
[Tokyo Ordinance in regard to the Prevention of Violence, Delinquent Behavior and Any Other Actions which Cause Considerable Public Nuisance (so-called, nuisance prevention ordinance) *emphases are added by writer. Article 5 (1) It is prohibited for any person to engage, without justifiable grounds, in an act making another have a significant sense of shame or feel nervous which falls under any of the acts listed below. i. In a public restroom, public bath, rocker room available to the public, public place or vehicle where the public generally remains undressed all or a part of clothes, take a picture of another’s underwear or body generally hidden under clothes by using a camera or other devices, or turn a camera or other devices towards another for the purpose of taking a picture of her/his underwear or body generally hidden (Penal Provisions) ii. Any person who fails to comply with Article 5(1) or (2) (except a person who falls under the following paragraph). shall be punished by imprisonment with work for not more than 1 year or a fine of not more than 1,000,000 yen. |
“Taking a picture” of a high school girl’s “underwear” with a smartphone in a” public place” such as a subway
escalator falls under Article 5(1)(2) or Article 8(2) of the above ordinance.
In this case, there is a possibility to face “imprisonment with work for not more than 1 year or a fine of not more than 1,000,000 yen”.
“Setting up a camera” “for the purpose of taking a picture” of “underwear” or “body” of women using the bathroom in a “public bathroom” such as a lady’s room in a park falls under Article 5(1)(2) or Article 8(1)(2) of the above ordinance.
In this case, there is a possibility to face “imprisonment with work for not more than 6 months or a fine of not more than 500,000 yen”
Moreover, when already took a photo of “underwear” or “body” with a set-up camera, statutory penalty is “imprisonment with work for not more than 1 year or a fine of not more than 1,000,000 yen” (Article 8 (2) )
Where habitually carries out the above acts, “imprisonment with work for not more than 2 years or a fine of not more than 1,000,000 yen” (Article 8 (7) of Tokyo Nuisance Prevention Ordinance).
▼Penal Provisions of Nuisance Prevention Ordinance
Prohibited acts and penal provisions differ a little from prefecture to prefecture.
| Prefecture | Ordinarily | habitually |
| Saitama | Imprisonment with work for not more than 6 months or a fine of not more than 500,000 yen (Art. 12(1)(1), 2(4) of Saitama Nuisance Prevention Ordinance) |
Imprisonment with work for not more than 1 Ordinance) |
| Chiba |
Imprisonment with work for not more than 6 Ordinance) |
Imprisonment with work for not more than 1 Ordinance) |
| Tokyo |
Imprisonment with work for not more than 1 (Art. 8(2), 5(1)(2) of Tokyo Nuisance Prevention Ordinance) |
Imprisonment with work for not more than Ordinance) |
| Kanagawa | Imprisonment with work for not more than 1 year or a fine of not more than 1,000,000 yen (Art. 15(1), 3(1) of Kanagawa Nuisance Prevention Ordinance) |
Imprisonment with work for not more than 2 Ordinance)
|
▼Generally each prefectural nuisance prevention ordinance prohibits camera voyeurism and peeping in a “public place” and “public vehicle”.
Thus, camera voyeurism and peeping in non-public place could violate the Minor Offense Act. Non-public place includes personal house, locker room, bath, toilet, where a person is in a state of undress.
~Points of Defense in Camera Voyeurism & Peeping Case~
1. When You Get Arrested for Camera Voyeurism or Peeping
In cases where you or your family got arrested for camera voyeurism or peeping, please consult with a lawyer immediately.
In camera voyeurism and peeping case, the case often ends in a fine if the suspect is a first offender.
However, in some cases a public prosecutor requests for a formal trial and a judge gives a harsh sentence where the suspect denies the fact or habitually dose camera voyeurism or peeping.
If you or your family consult with a lawyer about camera voyeurism or peeping immediately, the lawyer will defend you or your family in a consistent way after comprehending a general picture of the case at the early stage and presenting an appropriate prospect of the case.
2. Apologizing, Paying Damage, and Out-of-Court Settlement
In camera voyeurism and peeping case, the out-of-court settlement negotiation with the victim has a great influence on the gravity of the subsequent decision.
However, a person who committed a crime often has a difficulty in meeting with the victim personally. On the other hand, a lawyer can contact the victim by gaining the information of the victim from the police or public prosecutor, and tell the victim that the suspect wants to apologize and pay the damage.
If the out-of-court settlement is made in camera voyeurism and peeping case, there is a possibility to get a decision not to prosecute because the case was solved between the parties.
3. Early Release
In cases of malicious or habitual camera voyeurism, the suspect maybe detained. In such case, a lawyer persuades a public prosecutor or a judge to avoid or annul a decision to detain the suspect by asserting that the lawyer already started to talk with the victim or that there is no possibility to destroy or conceal evidence.
These defenses make it easier to release the suspect early.
Those who got arrested or questioned by the police for camera voyeurism or peeping, please contact AICHI Criminal Cases Law Firm which has dealt with many camera voyeurism and peeping cases.
Lawyers specializing in criminal and juvenile cases provide for free legal consultation and the first interview.
