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Message

re: Javien Toviano Arrested

Posted on 7/23/24 at 1:08 pm to
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
42835 posts
Posted on 7/23/24 at 1:08 pm to
quote:

Camera alone doesn't carry the elements of the crime.


Sure, but a hidden camera pointed in a way to capture a sexual encounter and then keeping that recording on your iPad is pretty incriminating circumstantial evidence.

quote:

According to the warrant, Toviano admitted in an interview that he used a hidden camera inside a clock to record himself and his girlfriend having sex without her consent. He told investigators that he would place the clock-camera on their dresser before they went to bed, authorities said.


That is pretty damning evidence.

It was stupid on his part and I'm sure he regrets it now, if for no other reason than the havoc it has wreaked on his life. He may get a decent outcome if the young lady and the DA involved are willing to find a favorable solution for him. Otherwise, he will have squandered an opportunity few get.
Posted by idlewatcher
Planet Arium
Member since Jan 2012
92762 posts
Posted on 7/23/24 at 1:10 pm to
What are the recording laws in LA anyway?

Both have to consent or what?
Posted by PurpleandGeauld
Florence, TX
Member since Oct 2013
5440 posts
Posted on 7/23/24 at 1:17 pm to
quote:

According to the warrant, Toviano admitted in an interview that he used a hidden camera inside a clock to record himself and his girlfriend having sex without her consent. He told investigators that he would place the clock-camera on their dresser before they went to bed, authorities said.
Yes, what he did was wrong. But why would anyone talk to authorities without an attorney present?
Posted by Hold That Tiger 10
Member since Oct 2013
24772 posts
Posted on 7/23/24 at 1:21 pm to
quote:

And if the rumor is true, he sold the video without her knowing


So some dumbass on tigerdroppings makes up something out of his arse, and now you repeat it as "if the rumor is true."

Posted by LSBoosie
Member since Jun 2020
17161 posts
Posted on 7/23/24 at 1:24 pm to
quote:

But, by all.means, carry on qith your synaptic snippets

You are the one that said it was not factual that he had a hidden camera, not us. You were wrong. Unless you believe that Toviano is a liar. Is that what you beleive?
Posted by mdomingue
Lafayette, LA
Member since Nov 2010
42835 posts
Posted on 7/23/24 at 1:25 pm to
quote:

Yes, what he did was wrong. But why would anyone talk to authorities without an attorney present?



That is an entirely different issue. But I think everyone should consider that good advice.

Also, from what I read, the girl went to the police because he refused to talk with her about it (and I assume get rid of the recordings). He probably could have saved himself part of the headache by simply talking to her.
Posted by Galactic Inquisitor
An Incredibly Distant Star
Member since Dec 2013
18452 posts
Posted on 7/23/24 at 1:30 pm to
quote:

What are the recording laws in LA anyway?

Both have to consent or what?


Single party consent really only extends to audio recordings, particularly phone recordings. Intimate photos and videos require consent of the subject.
Posted by Sofaking2
Member since Apr 2023
19583 posts
Posted on 7/23/24 at 1:43 pm to
Ray Javien
Posted by WaterLink
Baton Rouge
Member since Sep 2015
20602 posts
Posted on 7/23/24 at 1:54 pm to
quote:

Hypothetical...you have a hidden camera in your back yard to watch your house. You go on a date and come home and end up having consensual sex.
Did you commit a felony because your security system recorded the sex?


If you knew where the camera was and she didn't, and you go to where the camera is recording to have sex with her, then i don't know if it's a felony but yes it is a crime.
Posted by lostinbr
Baton Rouge, LA
Member since Oct 2017
12661 posts
Posted on 7/23/24 at 2:49 pm to
quote:

Hypothetical...you have a hidden camera in your back yard to watch your house. You go on a date and come home and end up having consensual sex.
Did you commit a felony because your security system recorded the sex?

I mean.. potentially, sure.
quote:

A. Video voyeurism is any of the following:
(1) The use of any camera, videotape, photo-optical, photo-electric, or any other image recording device, or an unmanned aircraft system equipped with any camera, videotape, photo-optical, photo-electric, or any other image recording device, for the purpose of observing, viewing, photographing, filming, or videotaping a person where that person has not consented to the specific instance of observing, viewing, photographing, filming, or videotaping and either:
. . .
(b) The observing, viewing, photographing, filming, or videotaping is as described in Paragraph (B)(3) of this Section and occurs in a place where an identifiable person has a reasonable expectation of privacy.

B.
. . .
(3) Whoever commits the crime of video voyeurism when the observing, viewing, photographing, filming, or videotaping is of any vaginal or anal sexual intercourse, actual or simulated sexual intercourse, masturbation, any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals shall be fined not more than ten thousand dollars and be imprisoned at hard labor for not less than one year or more than five years, without benefit of parole, probation, or suspension of sentence.

A bedroom pretty clearly falls under the “reasonable expectation of privacy,” and it’s fairly well-known that you have to be careful where you aim outdoor security cameras for precisely this reason.

You could try to argue that the “purpose” of the camera wasn’t actually to capture anything in the bedroom, or that there wasn’t a reasonable expectation of privacy because the curtains were open.. but I wouldn’t feel great about either of those arguments.

Not that the hypothetical really matters unless you think the clock camera was in his back yard.
Posted by kengel2
Team Gun
Member since Mar 2004
33535 posts
Posted on 7/23/24 at 3:19 pm to
quote:

Hold That Tiger 10


Do you need a link to the definition of a rumor?

Definition of rumor
Posted by lovinLSU
lafayette
Member since Nov 2007
14558 posts
Posted on 7/23/24 at 4:18 pm to
I know a person who did the same thing and was sentenced to 2 yrs in jail…
Posted by LCLa
Member since Apr 2017
4398 posts
Posted on 7/23/24 at 5:09 pm to
He’s very talented.

Not many people can turn themselves into a police station as the article states.

Posted by TigersJump
In a land far far away
Member since Feb 2018
3604 posts
Posted on 7/23/24 at 6:55 pm to
quote:

Lol what? You think it should be legal to secretly record people nude with hidden cameras and then share it with others?


Nobody should have that ability. Now repeat that to your government and every company in Silicon Valley.
Posted by MikeTheTiger11
Sip
Member since Sep 2023
770 posts
Posted on 7/23/24 at 8:24 pm to
quote:

But why would anyone talk to authorities without an attorney present?


Probably because he, like most other kids, were taught that cops are your friends and there to help you which obviously is a lie.

I imagine they told him if he told them the truth they would do everything they could in their power to help him and then laughed when they exited the room with the confession
Posted by cas4t
Member since Jan 2010
72011 posts
Posted on 7/23/24 at 9:43 pm to
quote:

Camera alone doesn't carry the elements of the crime. The rest are the facts, or lack thereof, that we don't know or have.


He

Already

Admitted

To

Filming

The

Girl

With

A

Hidden

Camera

Without

Her

Knowledge

Nor

Her

Consent

This is a fact.

To put it another way, it is not an opinion.

How else, or what else, do you need?

he confessed.
This post was edited on 7/23/24 at 9:46 pm
Posted by Brettbest308
Central
Member since Dec 2023
127 posts
Posted on 7/24/24 at 6:42 pm to
He better hope that his attorney is better at defense than he was
Posted by TheRouxGuru
Member since Nov 2019
13551 posts
Posted on 7/24/24 at 6:50 pm to
Man what a zinger. Great effort
Posted by Brettbest308
Central
Member since Dec 2023
127 posts
Posted on 7/24/24 at 7:09 pm to
I hope his attorney is better at defense then he is ..
Posted by LemmyLives
Texas
Member since Mar 2019
13571 posts
Posted on 7/24/24 at 7:16 pm to
quote:

Simply talking to her


Have you met many women? It’s never that easy.
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