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Name: In re Joshua M.
Case #: E028003
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/09/2001
Subsequent History: Review Denied November 14, 2001

A conviction for the crime of unlawful peeking (Pen. Code, sec. 647, subd. (i)) does not require the prosecution to prove intent to commit an offense if the opportunity to do so arises. Therefore, where the minor peeked into a girl’s bedroom through window blinds, and left her a note concerning what she was wearing, there was sufficient evidence to support a true finding on a petition charging him with the offense. Being on the property and peeking into the window constitutes the crime. CALJIC No. 16.447 erroneously instructs the trier of fact that specific intent to commit a crime, as opportunity may be discovered, is an element of peeking.