Fort Collins Invasion of Privacy for Sexual Gratification Attorney | Statute of Limitations Means No Charges for Up Skirt Photos

A realtor was investigated for Invasion of Privacy for Sexual Gratification for taking up-skirt photos, but could not be charged because of the statute of limitations.
A realtor was investigated for Invasion of Privacy for Sexual Gratification for taking up-skirt photos, but could not be charged because of the statute of limitations.
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A real estate broker from Denver will not be facing Invasion of Privacy for Sexual Gratification charges, even though he possessed up-skirt photos. How is this possible? Well, the man’s girlfriend, who initially found the videos and photos in August of 2015 on the broker’s email, didn’t report anything until February of 2017. Even though the Denver Police Department did an investigation and even got a confession from the realtor, the charges had to be dropped because the statute of limitations had run out. The realtor allegedly used open houses to set up the cameras and get the up-skirt footage. On misdemeanor cases like Invasion of Privacy for Sexual Gratification, the state has 18 months from the date of the crime to formally charge a person. All of the videos and photos obtained through the warrant must have predated the 18-month cut off, so the man was able to avoid being charged.

Larimer County Invasion of Privacy for Sexual Gratification Lawyer: What is the Definition of Invasion of Privacy for Sexual Gratification?

The Colorado law definition of Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 – is:

A person who knowingly observes or takes a photograph of another person’s intimate parts without that person’s consent, in a situation where the person observed or photographed has a reasonable expectation of privacy, for the purpose of the observer’s own sexual gratification, commits unlawful invasion of privacy for sexual gratification.

So, for the man above, he must have taken photos or videos of women where their intimate parts were exposed and they were in a place that held a reasonable expectation of privacy. In other similar cases, being in public means the person has a reasonable expectation of privacy, as long as they were appropriately clothed and the photos were taken unbeknownst to the person.

What is the Sentence for Invasion of Privacy for Sexual Gratification in Fort Collins and Loveland?

As an extraordinary risk class 1 misdemeanor in Fort Collins, Loveland, and Estes, Park, Invasion of Privacy for Sexual Gratification is punishable by 6 to 24 months in the Larimer County Jail and up to $5,000 in fines. A person who pleads guilty to or is convicted of this offense will also have to register as a sex offender.

If you or someone you lover 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 today. Together, we can protect your future.