In Greeley, Colorado, our defense lawyers say you can be charged with Invasion of Privacy for Sexual Gratification if you take intimate pictures or video of someone. In Boulder, a man was recently convicted of Invasion of Privacy for Sexual Gratification and sentenced to 28 years after having been found with over 30 videos of women in their apartments in intimate situations. Having an experienced criminal defense attorney is important to getting the best outcome in your case. Below, the criminal defense lawyers at the O’Malley Law Office discuss this charge.
Legal Definition of Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6, in Weld County
The legal definition of Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6, in Weld County is:
(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.
In the story above, the women could assume a reasonable expectation of privacy, being inside their own homes and bedrooms. Since it was proven the women had the expectation of privacy and were videoed in those instances while the man was sexual gratifying himself in the video, he was convicted. The sheer number of victims contributed to the hefty prison sentence.
What is the Difference Between Criminal Invasion of Privacy, C.R.S. 18-7-801 and Invasion of Privacy for Sexual Gratification in Colorado?
In Colorado, an Invasion of Privacy charge can happen anytime there is viewing or photographing of a person’s “intimate parts.” The difference between these two crimes is based on whether the actor was viewing or using the images for sexual gratification. Criminal Invasion of Privacy, C.R.S. 18-7-801, has a less severe sentence, and you do not need to register as a Sex Offender. Whereas the sentence and penalties of Invasion of Privacy for Sexual Gratification are harsher, with sex offender registration and treatment. To learn more about Criminal Invasion of Privacy, get help here.
Sentence and Penalties in Weld County C.R.S. 18-3-405.6
The sentence in Weld County for Invasion of Privacy for Sexual Gratification is a class 1 misdemeanor with penalties of up to 18 months in the Weld County Jail, and a fine of up to $1,000. If the defendant has had a prior conviction for any unlawful sexual behavior, or the person photographed was under 15 years of age and at least 4 years younger than the defendant, the sentence is a class 6 felony. The penalties for a class 6 felony are 1 – 2 years in the Colorado Department of Corrections, and a fine of $1,000-$100,000. Since Felony Invasion of Privacy is an Extraordinary Risk crime, the penalties are increased and require you to register as a Colorado Sex Offender. To learn more about the Colorado Sex Offender Registry, go here.
The penalties and stigma around conviction of a Sex Crime and being required to register as a sex offender can have lasting consequences on your life. It is important to have a lawyer who understands the Weld County Courts and can help you navigate the charges if you are facing a charge.