When a woman became suspicious of some activity happening in the grocery store aisle, she sent her husband to check things out. What he found was that her suspicions were founded. A man was using a ruse to take pictures of women without their permission. He would get near a woman wearing a dress or skirt, drop a box of pasta, and while he was picking it up, he would use his cell phone camera to take a picture under the skirts of the women. The husband photographed the man in action and reported it to the police. If this had occurred in Colorado, the man would probably have been charged with Criminal Invasion of Privacy or Invasion of Privacy for Sexual Gratification. Interestingly, there are some unique differences between these two crimes. Let’s find out what they are.
Criminal Invasion of Privacy in Weld County
Colorado law defines Criminal Invasion of Privacy – 18-7-801 – as:
(2) Criminal invasion of privacy is a class 2 misdemeanor.
Class 2 misdemeanors are punishable with 3 to 12 months in the Weld, Morgan, or Logan County Jail and up to $1,000 in fines.
Invasion of Privacy for Sexual Gratification in Greeley
Invasion of privacy for Sexual Gratification – C.R.S. 18-3-405.6 – is defined by Colorado law as:
(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).
In Greeley, Erie, and Evans, class 1 extraordinary risk misdemeanors are punishable with 6 to 24 months in Weld County Jail and up to $5,000 in fines. This crime is also considered a sex offense and requires anyone convicted to register as a sex offender and complete the harsh sex offender treatment.
Have you been charged with Invasion of Privacy? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Invasion of Privacy? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Intent Makes All the Difference in Morgan and Logan County
The difference between Criminal Invasion of Privacy and Invasion of Privacy for Sexual Intent is the purpose piece:
| Crime | Act | Permission | Where | Intent |
| Criminal Invasion of Privacy | Observes or photographs a person’s intimate parts | Without the person’s permission | Where the person has a reasonable expectation of privacy | (no sexual intent required) |
| Invasion of Privacy for Sexual Intent | Observes or photographs a person’s intimate parts | Without the person’s permission | Where the person has a reasonable expectation of privacy | For the purpose of the observer’s own sexual gratification |
In order to be charged with the harsher sex offense of Invasion of Privacy for Sexual Gratification, the observation or pictures have to be for the accused’s sexual gratification in Weld, Morgan, and Logan County. But how can someone really prove intent? In the case above (and many similar cases), the intent is assumed and the sex offense is usually charged. But, unless the person was caught using the photographs for a sexual purpose, how can the intent be proven? The law tends to punish to the greatest extent, so district attorneys and law enforcement will push for the harsher of the two crimes. An experienced criminal defense attorney can counter their unsupported accusations.
If you or someone you love has been charged with Criminal Invasion of Privacy or Invasion of Privacy for Sexual Intent, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free consultation. Together, we can protect your future.
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