Client Charged with a Violation of Penal Code Section 647(j)(3)(A) – Unlawful Concealed Video Recording of People in a Bathroom and Facing Sex Offender Registration and Jail Time, Judicial Diversion Granted!

Recently, at the Harbor Justice Center Courthouse in Orange County, attorney Karin Khachatorian represented a client, who was charged with eleven (11) counts of misdemeanor violations of Penal Code section 647(j)(3)(A) alleging the client was secretly filming six (6) individuals who were using the public restroom in an employee breakroom. 

The prosecution provided an offer, which including sex offender registration per Penal Code section 290 and ninety (90) days in county jail. In response to the serious charges, Ms. Khachatorian worked diligently and zealously in investigating and preparing the defense. This included obtaining the pertinent videos and related discovery. In light of the overwhelming evidence, it was determined that the best approach for defending the case would be seeking Judicial Diversion. 

Since the client had no previous criminal record and based on our legal research, Penal Code section 647(j) is not enumerated in Penal Code section 290, the client would be eligible for Judicial Diversion. The formal written Judicial Diversion motion was filed.  The prosecution strongly objected to Judicial Diversion and continued to demand sex registration and 90 days incarceration, but Ms. Khachatorian was able to successfully persuade the Judge to grant the motion (i.e. the judge granted Judicial Diversion on the condition that the client complete 24 Sexual Boundaries classes, 80 hours of Community Service, no use of electronic devices and he was  ordered to stay away from the place where the incidents occurred). These eleven (11) misdemeanors will be completely dismissed upon completion of the program since Judicial Diversion is pre-plea and, thus , there will have been no finding of guilt or any admission of wrongdoing on the part of our client. 

This is another fantastic result where the client will not be required to serve any jail time, he will not have to register as a sex offender and will not have a conviction on his record. 

*Please note that every case is unique and fact specific. Results will vary and there are no guarantees.