Yes.. BUT under the law, "you take your victim as you find him."
Which means that if you punch someone in the head for no reason, and it turns out they have a brittle skull, you are guilty of murder, not mere battery.
And if you invade someone's privacy by recording their sexual encounter, and they turn out to be mentally unstable and jump off a bridge, you may be going to jail.
Guilty on invasion of privacy and obstructing justice, not guilty on hate crime charges, sentence of a couple years in county jail.
Civil suit to follow for invasion of privacy, publication of private facts, and wrongful death, will settle for a large sum that leaves this guy broke for life.