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Invasion of Privacy for Sexual Gratification vs. Criminal Invasion of Privacy

The Big Picture in a Criminal Lawyer's Work

Our Colorado criminal defense attorneys are always looking at the big picture when evaluating your alleged crimes. One of those crimes is Invasion of Privacy for Sexual Gratification in Arapahoe or Adams County. We know that many men and women are falsely accused as others attempt to get revenge or greatly stretch the truth. Factors we consider in evaluating a criminal case include the strength of the DA's case for jury trial, the bias of witnesses, lesser charges which might make the government happy, lesser charges we can present to your jury, your work requirements with any plea agreement, witnesses for our side of the case and how powerful they can be considering limitations under the Colorado Rules of Evidence, and the strength of the police investigation. An example of a lesser charge, and the tremendous benefit of a lesser offense, is listed below.

Consequences of Unlawful Sexual Behavior Classification

Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6, is a significant crime because it has been classified as a sexual offense and unlawful sexual behavior. This means that anyone convicted of the crime will face life altering consequences like sex offender registration and sex offender treatment. Probation Departments love to demonize sex offenders by keeping them away from any place children might be found - like at home or at work. This means that the convicted person's kids might not see their dad or mom for a year or more. No one in government is concerned for the collateral harm done to the children. Also, not being able to show up at work would mean the accused would lose his income and ability to provide for his family by making food, rent or mortgage payments. Invasion of Privacy for Sexual Gratification is normally charged as a class 1 misdemeanor in Denver and Jefferson County, but can rise to a class 6 felony if a second crime of unlawful sexual behavior.

The Colorado Definition of Invasion of Privacy for Sexual Gratification:

"A person who knowingly observes or takes a photograph of another person's intimate parts without that person's consent, in a situation where the person observed or photographed has a reasonable expectation of privacy, for the purpose of the observer's own sexual gratification, commits unlawful invasion of privacy for sexual gratification."  Read about a real world example of Invasion of Privacy for Sexual Gratification.

Less Baggage: Criminal Invasion of Privacy, C.R.S. 18-7-801

Our full-time criminal defense attorneys in Douglas and Boulder County have discovered a new, closely related crime which does not carry so much baggage. At trial, lawyers are sometimes allowed to suggest alternative crimes classified as "lesser included" or "lesser nonincluded" offenses. This gives a jury an alternative to choose from during jury deliberations. The crime I am referring to is called Criminal Invasion of Privacy. This offense is nearly identical to the one above, but lacks the element of sexual intent or sexual purpose for the viewing of another or photographing another. As a result, it is not considered unlawful sexual behavior, C.R.S. 16-22-102(9), and does not require sex offender registration and treatment. These are huge differences, since a convicted person will still be able to have contact with their children and be able to keep their job. District Attorneys across Aurora, Littleton and Castle Rock have the burden to prove the accused had sexual intent by their conduct. Sometimes, that is a hard thing to do - particularly when our clients have not answered police questions.

When contacted by police for questions or to be placed under arrest, always be smart, exercise your right to remain silent, and call the best criminal defense attorneys at 303-731-0719. Together, we can protect your future.

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Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

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