Legal Question in Criminal Law in California

If some one enters your house I unlawfully and then sees you

masturbating or having sex with another person....can that person claim any type criminal charges against you even if you may or may not have known they were there?


Asked on 2/09/14, 11:33 am

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

You're asking if somebody unlawfully enters your house can then sue you or get some sort of criminal charges against you because they watched you have sex or masturbate? Seriously?

No.

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Answered on 2/09/14, 11:43 am
Anthony Roach Law Office of Anthony A. Roach

Contrary to what your parents or other religious figures have told you, you have not yet identified a crime that is punishable under California's Penal Code.

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Answered on 2/10/14, 7:03 am
Edward Hoffman Law Offices of Edward A. Hoffman

Generally, no. Masturbation and consensual sex between adults are not crimes. But if the sex act the intruder sees is a forcible rape and/or involves an adult and a minor, then it is a crime. The intruder could report it, though he would risk being prosecuted for burglary or other crimes related to entering your house.

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Answered on 2/10/14, 12:41 pm


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