Invasion of Privacy for Sexual Gratification is charged in Fort Collins and Larimer County when a person is accused of viewing or taking a photo of another’s intimate parts without consent and in a situation where the person has a reasonable expectation of privacy. Normally, when we hear about this crime, we think of a Peeping Tom – someone taking upskirt photos, planting hidden cameras in bathrooms, or using a phone to video someone in a store dressing room. However, did you know that you could be charged for taking photos and videos during a consensual sexual encounter? Let’s take a look at the language of the statue and how some Larimer County DAs are justifying these charges in these situations.
Larimer County Invasion of Privacy for Sexual Gratification Attorney: Definition of Invasion of Privacy for Taking Pictures During Sex
The Larimer County, Colorado law definition of Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 – is:
So, the vital aspects of this criminal charge include:
- Viewing or taking photos/videos of someone’s intimate parts (genitals, buttocks, or breasts);
- The person photographed did not give consent to be photographed;
- In a place where a person has a reasonable expectation of privacy (bathroom, bedroom, dressing room, locker room, etc.); and
- For the sexual gratification of the observer.
As a class 1 misdemeanor sex offense, Invasion of Privacy for Sexual Gratification is punishable by up to 364 days in the Larimer County Jail. A conviction of this offense will also require a person to register as a sex offender for a period of time, before they can request the court allow them to deregister.
How Can I Be Charged with Invasion of Privacy for Sexual Gratification for Taking Photos During Sex in Loveland and Estes Park?
Okay, let me explain a hypothetical case, where someone might find themselves charged with Invasion of Privacy for Sexual Gratification in Fort Collins, Loveland, or Estes Park. Let’s say you were dating someone and were at their home when things start getting hot and heavy. During the act, you decide to take some pictures of the encounter. Maybe the person you are having the encounter with sees you with your phone, maybe they don’t. After the fact, you decide you don’t want to date this person anymore. Feelings are hurt. You may have mentioned to a friend that you took these photos or videos and it gets back to your old partner. As a way to get back at you, the person calls the Fort Collins Police or Larimer County Sheriff and reports that you took intimate photos without consent. Law enforcement contacts you and you admit to having the photos because you didn’t think they were nonconsensual and thought the other party knew you were taking them. The DA’s office argues that a person has a right to privacy in their bedroom, even though they were openly choosing to ‘show the goods’ to the other person in the room. Does it make sense? No – but that rarely stops someone from being charged.
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.
Photo by Torsten Dettlaff