An Invasion of Privacy for Sexual Gratification charge in Greeley, Colorado, is a class 2 misdemeanor and results in having to register as a Sex Offender. A sexual crime criminal defense attorney can help you navigate your charges and get you the best possible outcome. A former Northern Colorado teacher found himself facing an Invasion of Privacy for Sexual Gratification charge, and a Sexual Exploitation of a Child. The charges may result from taking pictures of another without permission, in a place where they expected privacy. In other cases, we have seen similar charges result from hidden cameras in bathrooms or bedrooms. Learn more about an Invasion of Privacy for Sexual Gratification charge below or call the O’Malley Law Office with questions about your situation. We are here to help, and never judge our clients.
Definition of Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6, in Weld County, Colorado
In Weld County, Colorado, the definition of Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6, includes the following:
(2)(a) Except as otherwise provided in paragraph (b) of this subsection (2), invasion of privacy for sexual gratification is a class 1 misdemeanor and is an extraordinary risk crime subject to the modified sentencing range specified in section 18-1.3-501(3).
(b) Invasion of privacy for sexual gratification is a class 6 felony and is an extraordinary risk crime subject to the modified sentencing range specified in section 18-1.3-401(10), if either of the following circumstances exist:
(I) The offense is committed subsequent to a prior conviction, as defined in section 16-22-102(3), C.R.S., for unlawful sexual behavior as defined in section 16-22-102(9), C.R.S.; or
(II) The person observes or takes a photograph of the intimate parts of a person under fifteen years of age. This subparagraph (II) shall not apply if the defendant is less than four years older than the person observed or photographed.
Simply put, if a person knowingly takes a photograph or observes the intimate parts of another person without their permission, they can be charged with a misdemeanor. It is a felony and an Extraordinary Risk Crime if you have a prior conviction for any unlawful sexual behavior, or the victim is under 15 years of age and at least 4 years younger than you.
The teacher in the above story, could be charged with a felony if he had a prior conviction and or the victim was less than 15 years old. With a school employee, this age difference is likely, yet the man’s victim must also be less than fifteen years old.
In Greeley, Colorado, What is the Definition of Photography Related to an Invasion of Privacy for Sexual Gratification, Charge?
The definition of Photography as it relates to Invasion of Privacy for Sexual Gratification in Greeley, Colorado, is:
Penalties and Sentence for Invasion of Privacy for Sexual Gratification in Weld County, Colorado Courts
In Weld County, Colorado, Invasion of Privacy for Sexual Gratification is a class 1 misdemeanor with penalties of 6-24 months in the Weld County Jail, and/or a fine of $500-$5,000. Invasion of Privacy for Sexual Gratification is an Extraordinary Risk Crime, with the maximum sentence being 6 months longer than the other class 1 misdemeanors. As stated above, if the victim is 4 years younger than the accused or younger than 15 years old, a conviction would be a class 6 felony. Then, the penalties can include 1 – 2 years in the Colorado Department of Corrections and/or a fine of $1,000-$100,000, with a one year period of parole.
If you are convicted of Invasion of Privacy for Sexual Gratification you will also be required to register as a Sex Offender. You can learn more about Sex Offender Registration here.
Defenses for Invasion of Privacy for Sexual Gratification in Greeley, Colorado
In Greeley, Colorado, there are defenses to an Invasion of Privacy for Sexual Gratification charge. A skilled attorney can help defend your case. Defenses can include one of the following:
- You did not take the photo – another person planted a camera
- The photo was not for sexual gratification, but for a separate purpose which is real
- The photo was taken with consent of the alleged victim
- Where the photo was taken, there was not an expectation of privacy
An Invasion of Privacy for Sexual Gratification conviction can lead to time behind bars and having to register as a Sex Offender, which can limit where you work and live. Always exercise your right to remain silent and call an experienced sex crimes attorney at the O’Malley Law Office. Call 970-616-6009 or fill out the Get Help Now form to meet with an experienced criminal defense lawyer in Weld County and the Greeley. Together, we can protect your future.
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