Taking an intimate photo of someone without their knowledge is invasion of privacy for sexual gratification in the state of Colorado. Whether a person reaches over the fence with their smartphone to take a picture of a woman sunbathing or sets up a camera in a bathroom, this sex offense comes with significant consequences. Sometimes referred to as “peeping tom” or voyeurism, a charge of this nature requires contacting an experienced sex crimes lawyer right away.
Colorado’s Invasion of Privacy for Sexual Gratification Laws
C.R.S. 18-3-405.6 addresses the violations of invasion of privacy for sexual gratifiaction. Someone commits this offense in Denver, Lakewood, or Aurora if they:
- observe, take photos, or record video,
- of someone’s intimate parts without their consent,
- for the purpose of sexual gratification
Another important element in this sex crime is the reasonable expectation of privacy. While this may seem vague, some locations that typically apply include bathrooms, changing rooms, residences, and locker rooms. Specific facts of the case can have an impact on what locations might be considered private. A skilled criminal defense attorney may be able to argue that the location in which the photos / video were taken isn’t one with a legitimate expectation of privacy.
Is Invasion of Privacy for Sexual Gratification a Misdemeanor or Felony in Colorado?
Typically, invasion of privacy is a class 1 misdemeanor throughout Colorado. However, as an extraordinary risk crime, conviction can result in:
- up to 2 years in county jail,
- fines of $500 – $5,000
There are instances where taking nude photos of another without consent is a felony as well. A prior sex crime conviction or when the victim is under 15 and 4 or more years younger than the defendant results in a class 6 felony. This can lead to up to 2 years in the Colorado Department of Corrections and fines of $1,000 – $100,000. Sex offender registration is an added consequence of this offense that can isolate defendants from their communities and lead to job loss.
Colorado Sex Crime Attorney
Just because you’ve been charged with invasion of privacy for sexual gratification doesn’t mean you’re guilty. Don’t fight these charges on your own. Consulting a skilled criminal lawyer early on has many benefits and can make a big difference when it comes to the outcome of your case. Perhaps you didn’t take the picture / video, the victim knew you were taking it, or there wasn’t a reasonable expectation of privacy. Contact our office today for a free initial consultation. We will carefully analyze your unique case and recommend next steps in your defense.
If you or someone you know is facing charges of invasion of privacy for sexual gratification in Colorado, be smart. Contact the strategic defense attorneys at O’Malley and Sawyer, LLC at 303-731-0719. Together, we can protect your future.
Photo by Barnard Hermant