California's Peeping Tom laws have many parts. The prosecutor must prove each of these elements of the crime beyond a reasonable doubt. The best defense to California's Peeping Tom laws will depend on the specific crime charged.Legal defenses to peeking while loitering - Legal defenses to Penal Code 647(i), peeking while loitering, include taking the position that the defendant was not on private property, the defendant was not loitering, the defendant had a lawful purpose for being on the property, and/or the building into which the defendant peeked was not inhabited.Legal defenses to criminal invasion of privacy - depending on the specific act alleged, legal defenses to Penal Code 647(j), invasion of privacy often include demonstrating that the alleged victim did not have a reasonable expectation of privacy, the alleged victim consented to be photographed or recorded;,the defendant did not intend to invade anyone's privacy, and/or the defendant did not intend to arouse or gratify him- or herself sexually.