Invasion of Privacy for Sexual Gratification

New Sexual Offense — Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6

Warm weather means peeping tom, voyeurism and Invasion of Privacy for Sexual Gratification charges under C.R.S. 18-3-405.6. These charges come naturally as more people are outside, dressing with less clothing, and opportunities to see inside open windows are more frequent in Arapahoe, Jefferson and Douglas county. This crime is very similar to Criminal Invasion of Privacy, C.R.S. 18-7-801, except that crime has no "sexual gratification" component.

New Name, Same Crime

Previously known as Unlawful Sexual Contact, C.R.S. 18-3-404, invasion of privacy is a new law effective July 1, 2012. Like unlawful sexual contact, this crime involves observing or taking photographs / video of another where the person has a reasonable expectation of privacy, and for the purpose of sexual gratification. Both crimes are normally a Class 1 misdemeanor. Where are these places with an expectation of privacy in Adams, Weld, Denver and Larimer county? Common sense says they are bathrooms, locker rooms, changing rooms and in houses. Whether a person has an expectation of privacy is going to be based on the facts of the case. Whether the viewing is for sexual gratification will also be a fact-specific proof issue for the government.

Invasion of Privacy Is a Sex Offense and Can Be Charged as a Felony

This charge, under both the current and new law, is a sex offense. That means that the convicted person will have to register as a sex offender and successfully complete sex offender treatment. This difficult process will limit where a person can work, whether he or she can have contact with any children, and where the person can live in cities like Lakewood, Littleton, Aurora and Englewood. In some cases, where there is a prior conviction or a victim is under 15 years old, this new charge can be a Class 6 felony. Felonies can result in a sentence to prison, while misdemeanors can only be sentenced to county jail for up to two years.

Related Charges of Attempted Burglary and Trespassing

Peeping Tom's and Voyeurism can result in other charges. We have seen charges of attempted burglary, C.R.S. 18-4-203, and second degree criminal trespass, C.R.S. 18-4-503, accompany these charges. If a person is trying to get a better look inside another's home, he or she might place a ladder up against the house or come inside a fenced back yard. These factors can quickly convert a serious misdemeanor offense into a felony attempted burglary or trespassing.

If you have been contacted by police for peeping tom, unlawful sexual contact or invasion of privacy for sexual gratification, be smart, exercise your right to remain silent and call us at 303-731-0719. Together, we can protect your future.

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