Fort Collins Criminal Invasion of Privacy Defense Attorney
In Fort Collins and Larimer County, there are various different charges one could face when accused of violating someone’s privacy. There is a sexual offense (Invasion of Privacy for Sexual Gratification) and another very comparable charge of Criminal Invasion of Privacy. Both have very similar elements – the only difference is the intent behind the violation of privacy.
Other Invasion of Privacy Related Crimes
Eavesdropping
Colorado Law Definition of Criminal Invasion of Privacy
The Larimer County, Colorado law 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.
So, let’s break this down. Basically, the elements involved in this crime are:
- Actively viewing or photographing someone’s intimate parts;
- No consent from the person being viewed or photographed; and
- The person is in a place where they have a reasonable expectation of privacy.
Important Terms – Intimate Parts and Reasonable Expectation of Privacy
Two very important terms or phrases in the Invasion of Privacy statute are ‘intimate parts’ and ‘reasonable expectation of privacy.’ According to Colorado law, intimate parts is defined as:
the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.
When it comes to ‘reasonable expectation of privacy’ there is no legal definition, which always leaves room for interpretation. Generally, places like a bedroom, bathroom, dressing room, etc. would be places that would be considered a place where one would expect privacy.
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How Invasion of Privacy is Charged in Loveland and Estes Park
There are many different actions that can result in Invasion of Privacy charges in Fort Collins, Loveland, and Estes Park. For example, say you are going for a walk in your neighborhood and notice that someone is changing in their bedroom with the blinds open. The person notices you and recognizes you as a neighbor. They call the police and depending on how law enforcement views the situation, you could be charged. Another example we have seen is planting a hidden camera. Let’s say some roommates are having issues with each other. One roommate wants to verify some of the allegations, so they put a hidden camera in the other’s bedroom to get the proof they need. The other roommate discovers the camera and informs the police. This, again, could result in Criminal Invasion of Privacy charges.
Sentence for Criminal Invasion of Privacy – A Class 2 Misdemeanor Crime in Colorado
In Larimer County and across Colorado, Invasion of Privacy is a class 2 misdemeanor crime. This level misdemeanor is punishable by 90 to 364 days in the Larimer County Jail and up to $1,000 in fines. Probation is always an option for class 2 misdemeanors as well.