In Re Joshua M.

On August 9, 2000, the trial court made a true finding that Joshua M. (minor) had committed the crime of unlawful peeking. (Pen. Code, § 647, subd. (i).) At the dispositional hearing, the minor was declared a ward of the court, placed on probation, and ordered to serve 18 days in juvenile hall. The minor contends that the true finding in this matter must be reversed because section 647, subdivision (i), required the People to prove that the minor peeked through the victim’s blinds with the intent to commit an offense if the opportunity arose, and the record is devoid of any evidence to support such an intent. We determine that intent to commit an offense if the opportunity to do so arises is not an element of the offense of unlawful peeking. Therefore, we do not consider minor’s substantial evidence issue.

Facts

On October 27, 1999, at approximately 5:45 a.m., the victim was getting dressed for school in her bedroom. The victim’s bedroom was in the front of the house facing the street. The victim had pink miniblinds which were closed. The victim’s window was separated from the street by a sidewalk, some grass, and a row of bushes which take up about 25 feet of the…