Our criminal defense attorneys warn that if you take photos or videos of a person in an area where they have a reasonable expectation of privacy, you can be charged with Criminal Invasion of Privacy, C.R.S. 18-7-801. Recently, a man in Colorado Springs was charged with Criminal Invasion of Privacy after a woman discovered a camera hidden in a smoke detector in her bedroom. The woman had become concerned after receiving odd texts from her roommate’s boyfriend which suggested that he was watching her, and later discovered that there were two smoke detectors in her room. One of the detectors was unlike the detectors in the rest of the house, and when she inspected it, she found that there was a camera inside. Colorado Springs police then arrested her roommate’s boyfriend for Criminal Invasion of Privacy. While Criminal Invasion of Privacy is a misdemeanor offense, it is still important to take this criminal charge seriously. Penalties for this crime are severe, making it essential to hire an attorney who understands the complexities of this charge and can protect your future with an impermeable defense.
Weld County Legal Definition of Criminal Invasion of Privacy, C.R.S. 18-7-801
In Weld County, the legal definition of Criminal Invasion of Privacy, C.R.S. 18-7-801, is:
A person who knowingly observes or takes a photograph of another person’s intimate parts, as defined in section 18-3-401 (2), without that person’s consent, in a situation where the person observed or photographed has a reasonable expectation of privacy, commits criminal invasion of privacy.
Criminal Invasion of Privacy is charged when one person watches or takes photos of another person’s intimate parts (e.g., breasts, buttocks, and/or genitalia) without their consent. This includes video, and is done without the person’s knowledge in a place where they have a reasonable expectation of privacy, to not be viewed or photographed by another. New technologies have necessitated the creation of this offense.
What Does it Mean to have a ‘Reasonable Expectation of Privacy’ in C.R.S. 18-7-801 in Greeley?
Understanding a criminal charge like Invasion of Privacy is important to your case’s outcome in Greeley. Under C.R.S. 18-7-801, a person cannot be observed or photographed in places where they can reasonably expect privacy. Some examples of these places are:
- A restroom
- A dressing or changing room
- Their bedroom or a bathroom
When a person is in a public place, they do not have a reasonable expectation of privacy, and anyone may legally observe or photograph them. For example, Colorado law allows women to be topless in public, and they may be observed or photographed. However, the breast of “any person” is regarded as an intimate part under C.R.S. 18-3-401, which is illegal to observe or photograph when a person is in a private space.
Difference Between Criminal Invasion of Privacy and Invasion of Privacy for Sexual Gratification in Windsor, Colorado
In Windsor and across Colorado, Criminal Invasion of Privacy and Invasion of Privacy for Sexual Gratification are often confused for each other. While similar, they are very different criminal charges. Criminal Invasion of Privacy is charged when one person observes or photographs another’s intimate parts, where that person has a reasonable expectation of privacy. Criminal Invasion of Privacy is not a sex crime, and is only charged as a class 2 misdemeanor. Invasion of Privacy for Sexual Gratification can be either a class 1 misdemeanor or extraordinary risk felony, and is charged when a person engages in Criminal Invasion of Privacy, but for the purpose of his or her own sexual gratification. By contrast, Criminal Invasion of Privacy can be committed for any other intent. Invasion of Privacy for Sexual Gratification is a sex crime, and if the defendant is convicted, he or she must register as a sex offender on the sex offender registry, seek treatment, and face a lengthy Weld County Jail or Colorado prison sentence.
Sentence and Penalties for Criminal Invasion of Privacy in Weld County
Criminal Invasion of Privacy in Weld County is a class 2 misdemeanor, punishable by up to 364 days in the Weld County Jail and a fine of up to $1,000. It is important to remember that a conviction of Criminal Invasion of Privacy does not require registration as a sex offender. If you are required to register as a sex offender for conviction of a different offense, you can find help here.
Why Hire an Experienced Criminal Invasion of Privacy Attorney in Greeley, Colorado?
Facing Criminal Invasion of Privacy charges can be a stressful and overwhelming experience. An experienced Greeley criminal defense attorney can support and guide you through the legal process. Then, your lawyer will provide you with a solid defense at the Weld County Court, protecting your future by getting you the best possible outcome in your case. Our attorneys at the O’Malley Law Office have over 30 years of experience, making us the most trusted lawyers in the Weld County area to defend criminal charges. Don’t put your future at risk by entrusting it to an overworked public defender or trying to take on your charges alone.