In Fort Collins, Loveland, and Estes Park, Colorado, Invasion of Privacy for Sexual Gratification is charged when a person intentionally invades the privacy of another for the purpose of sexual enjoyment. Let’s take a closer look at the elements of this crime, its penalties, and how a criminal defense lawyer might approach defending someone accused of it.
Larimer County Invasion of Privacy Lawyer: What is Invasion of Privacy for Sexual Gratification in Colorado?
The Larimer County, Colorado law definition of Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 – is:
For someone to be charged with Invasion of Privacy for Sexual Gratification, prosecutors must prove that the individual:
- Knowingly Invaded the Victim’s Privacy: The person charged must have intentionally and knowingly intruded into a private space where the alleged victim has a reasonable expectation of privacy.
- Intent for Sexual Gratification: The person must have done so with the specific intent to get sexual pleasure or arousal from the act. This is a critical element, as it differentiates this crime from mere Trespassing or Criminal Invasion of Privacy.
- Lack of Consent: The victim must not have given consent for the intrusion, whether it involves filming, spying, or any other form of privacy invasion.
Common Scenarios Leading to an Invasion of Privacy for Sexual Gratification Charge in Loveland and Estes Park
Several types of behavior can lead to charges of Invasion of Privacy for Sexual Gratification. Some common examples include:
- Secretly Recording Someone: This is one of the most common forms of invasion of privacy. The person secretly records an individual in a place where they have a reasonable expectation of privacy, such as in a bathroom, locker room, or private residence.
- Peeping or Spying: A person may also be charged with this crime if they spy on someone while they are undressing or engaging in private activities for the purpose of sexual arousal or gratification.
- Unlawful Surveillance: Surveillance may involve using hidden cameras, mirrors, or other equipment to monitor an individual without their knowledge or consent, all with the intent to satisfy sexual desires.
- Voyeurism: Voyeurism, or the act of watching people engage in private acts without their consent, often falls under this criminal statute. For example, someone using a drone or a long-lens camera to film someone in their private space could face these charges.
Penalties for Invasion of Privacy for Sexual Gratification in Colorado
In Colorado, penalties for Invasion of Privacy for Sexual Gratification depend on the severity of the offense and whether there were any aggravating factors (such as prior convictions). This offense is considered a criminal act that can be classified as a Class 1 misdemeanor or, in more severe cases, a Class 6 felony. Generally:
- Class 1 Misdemeanor: The crime is most often charged as a Class 1 misdemeanor if the defendant has no prior criminal history and the offense did not involve any particularly harmful conduct.
- Class 6 Felony: In cases involving repeated offenses, aggravating circumstances, or if the victim was particularly vulnerable, the charge can be elevated to a Class 6 felony.
- Sex Offender Registration: If convicted of Invasion of Privacy for Sexual Gratification, a person may also be required to register as a sex offender, which can have long-lasting consequences for employment, housing, and social relationships.
If you or someone you love has been charged with Invasion of Privacy for Sexual Gratification, be smart, exercise your right to remain silent and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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