When it comes to Invasion of Privacy allegations in Fort Collins and Larimer County, it is one of two crimes that is usually charged: Criminal Invasion of Privacy and Invasion of Privacy for Sexual Gratification. The ONLY difference between these two crimes? Intent. If the DA thinks that they can prove there was a sexual intent behind the violation of someone’s privacy, then they will ALWAYS charge the sex offense. Let’s be real here, most people assume that if someone is peeping on another, it’s for sexual purposes.
Colorado Law Definition of Invasion of Privacy Crimes in Larimer County
The Larimer County, Colorado law definition of Criminal Invasion of Privacy – C.R.S. 18-7-801 – is:
Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 – is defined as:
Comparing Criminal Invasion of Privacy and Invasion of Privacy for Sexual Gratification
Below is a chart that outlines the elements of each crime:
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 Gratification | 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 |
So, as you can see, the only difference is intent. And how do you prove that? How do you prove or disprove what someone was thinking when they decided to do something? It’s a difficult task for sure and with the way the world is today, most people will automatically assume there was a sexual intent.