2916.Loitering: Peeking (Pen. Code, § 647(i))
The defendant is charged [in Count ] with peeking in the door or
window of an inhabited (building/ [or] structure) [in violation of Penal
Code section 647(i)].
To prove that the defendant is guilty of this crime, the People must
1. The defendant delayed, lingered, prowled, or wandered on the
private property of someone else;
2. When the defendant was on that property, (he/she) did not have
a lawful purpose for being there;
3. When the defendant was on the property, (he/she) peeked in the
door or window of an inhabited building or structure.
[A (building/ [or] structure) is inhabited if someone uses it as a dwelling,
whether or not someone is inside at the time of the alleged peeking.]
[A (building/ [or] structure) is not inhabited if the former residents have
moved out and do not intend to return, even if some personal property
New January 2006
The court has a sua sponte duty to give this instruction deﬁning the elements of
• Elements. Pen. Code, § 647(i).
•Speciﬁc Intent to Commit Crime Not Required. In re Joshua M. (2001) 91
Cal.App.4th 743, 746–747 [110 Cal.Rptr.2d 662].
• Inhabitation Deﬁned. See Pen. Code, § 459.
• House Not Inhabited If Former Residents Not Returning. People v. Cardona
(1983) 142 Cal.App.3d 481, 483 [191 Cal.Rptr. 109].
2 Witkin & Epstein, California Criminal Law (3d ed. 2000) Crimes Against Public
Peace and Welfare, § 51.
6 Millman, Sevilla & Tarlow, California Criminal Defense Practice, Ch. 144,