OAKLAND — An Oakland resident has been charged with secretly taking a nude picture of his girlfriend’s 16-year-old family member while she sat on the toilet, court records show.
The suspect, 44-year-old Elder Lopez, allegedly drank alcohol, then fell asleep on his girlfriend’s couch while listening to music, authorities said. When he woke up, he was surrounded by Oakland police, who’d been called there by his girlfriend after she allegedly went through his phone and found the picture, according to court records.
Lopez was subsequently arrested and charged with a felony, child pornography possession, and two misdemeanors — invasion of privacy and sexual exploitation. The girl, a relative of Lopez’s girlfriend, reportedly told police she had no idea how he was able to get the picture, which depicted her inside a bathroom of the girlfriend’s Oakland home, authorities said.
The officers woke Lopez up from his nap and booked him into Santa Rita Jail in Dublin, court records show. They would have questioned him but he smelled so strongly of alcohol that they didn’t think he could waive his rights, according to court records.
Lopez pleaded not guilty on Dec. 19 and has since been released from jail after posting $100,00 bail, court records show.
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