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peeping tom case

  • Thread starter curiousoklahoma
  • Start date

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C

curiousoklahoma

Guest
What is the name of your state? Oklahoma

I'm wondering what the statutes are for a case involving an alleged peeping tom. The defendant was a guest in a couple's home and was friends with them. After a night of drinking (I'm aware the alcohol is no excuse) the defendant upon noticing the wife's bedroom door was open allegedly walked into the bedroom while she was sleeping, lifted up the corner of her blanket and let it drop quickly before returning back to the husband. He did not expose himself. There were no witnesses or evidence, it is just his word against hers. A charge has been filed as a misdemeanor.

I'm not interested in opinions such as "either he did it or he didn't do it" or any smart ass remarks (I have noticed a few of those or else I wouldn't make such a distinction). I'm just looking to know the statutes for such a charge and any precedents that have been set in the state in similar situations.

Thank you in advance for your time.
 
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H

HomeGuru

Senior Member
curiousoklahoma said:
What is the name of your state? Oklahoma

I'm wondering what the statutes are for a case involving an alleged peeping tom. The defendant was a guest in a couple's home and was friends with them. After a night of drinking (I'm aware the alcohol is no excuse) the defendant upon noticing the wife's bedroom door was open allegedly walked into the bedroom while she was sleeping, lifted up the corner of her blanket and let it drop quickly before returning back to the husband. He did not expose himself. There were no witnesses or evidence, it is just his word against hers. A charge has been filed as a misdemeanor.

I'm not interested in opinions such as "either he did it or he didn't do it" or any smart ass remarks. I'm just looking to know the statutes for such a charge and any precedents that have been set in the state in similar situations.

Thank you in advance for your time.
Click to expand...
**A: what the heck are you talking about?
 
C

curiousoklahoma

Guest
Re: Re: peeping tom case

HomeGuru said:
**A: what the heck are you talking about?
Click to expand...
Perhaps if you asked a more specific question I could give you an answer.
 
H

HomeGuru

Senior Member
curiousoklahoma said:
What is the name of your state? Oklahoma

The defendant was a guest in a couple's home and was friends with them. After a night of drinking (I'm aware the alcohol is no excuse) the defendant upon noticing the wife's bedroom door was open allegedly walked into the bedroom while she was sleeping, lifted up the corner of her blanket and let it drop quickly before returning back to the husband.

**A: read your post again. It's damn confusing. So far we only know that the defendant was the guest.
Click to expand...
 
C

curiousoklahoma

Guest
Re: Re: peeping tom case

HomeGuru said:
curiousoklahoma said:
What is the name of your state? Oklahoma

The defendant was a guest in a couple's home and was friends with them. After a night of drinking (I'm aware the alcohol is no excuse) the defendant upon noticing the wife's bedroom door was open allegedly walked into the bedroom while she was sleeping, lifted up the corner of her blanket and let it drop quickly before returning back to the husband.

**A: read your post again. It's damn confusing. So far we only know that the defendant was the guest.
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Ok, sorry about that. The defendant was invited over to a friend's house (a married couple) around 9pm. The husband and the defendant started drinking and partying out on the back patio until the early hours of the morning while the wife went to bed around 2am. About an hour later the defendant went inside to use the restroom, noticed the bedroom door was open, the lights were off and the wife was in bed alone. He walked in, lifted up the corner of the blanket for a couple of seconds, let it drop (she was clothed and again, he did not expose himself) then returned back outside. The wife was awake and followed the defendant outside and told him to leave and then called the police so he left.

This is the prosecution's claim. There were no witnesses and no evidence. A report was filed that night, but charges were not filed until a month later with the defendant being listed as a "peeping tom."

If you need me to clarify anything please ask.
Click to expand...
 
J

JETX

Senior Member
"Peeping Tom."
*** Since you can't, or won't, provide a specific charge, it would appear to be a violation of OS § 21-47A-1171, which states:
"Loitering Around Residence to Watch Occupants, a Misdemeanor
A. 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. The violator shall be punished by imprisonment in the county jail for a term of not more than one (1) year, or by a fine not to exceed Five thousand Dollars ($5,000.00), or by both such fine and imprisonment."

In order to be found guilty of this charge, the prosecution has to prove the following (from the Oklahoma Uniform Jury Instructions):
OUJI-CR 4-136
PEEPING TOM -- ELEMENTS
No person may be convicted of violating the peeping tom statute unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
First, hiding/waiting/loitering;
Second , near any (private dwelling house)/(apartment building)/(place of residence)/locker/dressing room)/restroom/(place were a person has a reasonable expection of privacy);
Third, with the unlawful and willful intent;
Fourth, to watch/gaze/(look upon) any person;
Fifth, in a clandestine manner."
Based on your post, your friend would likely meet these 'elements'.

Here is an OK case on this issue (Honycutt v. State, 1988 OK CR 94
755 P.2d 112) and it can be found at:
http://www.oscn.net/applications/oscn/deliverdocument.asp?id=10840&hits=1289+1092+837+735+540+367+125+35+
 
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