Sohum upskirting suspect David Nunez had trial setting scheduled today. It was continued to March 13.
He recently hired a local attrney, Mr. Neal Sanders. Deputy District Attorney WhitneyBarnes is prosecuting the case.
Nunez is charged with in the first amended complaint has three counts. Count 1 and 3 are PC 647 (j) (2). Count 2 is 647.6 (a) (1). The special allegation for Count 1 and 3 is that Nunez committed the alleged charges out of "sexual compulsion and the purpose of sexual gratification."
From Kraut Law Group: PC 647 (j) (2) "California Penal Code Section 647(j)(2) PC involves using a concealed device to record another person’s body or undergarments. A defendant would be guilty of this offense where the following elements are present:
- The defendant used a
- Concealed camcorder
- Motion picture camera
- OR any type of photographic camera
- To secretly videotape, film, photograph or record another identifiable person under or through the other person’s clothing for the purpose of viewing the body or undergarments of that other person
- Without the consent or knowledge of the other person
- With the intent of sexual arousal or invasion of privacy
- AND under circumstances in which the other person had a reasonable expectation of privacy."
From Walin and Klarich: PC 647.6 (a) (1): Under California Penal Code section 647.6 it is illegal to annoy or molest any minor under the age of 18 while motivated by an unnatural or abnormal sexual interest in the minor."
In the original complaint, Nunez was charged with two misdemeanors.Count 1 is Unauthorized Invasion of Privacy and Count 2 is Annoy/Molest Child under 18. Count 1 is under the California "peeping tom" laws.
Nunez was never arrested. HCSO forwarded information to the District Attorney's office. The DA sent an arraignment letter after charges were filed. No booking photo available.
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