Invasion of Privacy for Sexual Gratification is charged in Fort Collins and Larimer County when a person is accused of taking photos of another’s intimate parts when that person has a reasonable expectation of privacy. Often, these cases are referred to as “upskirting” cases, because a common action related to this crime is someone using their phone to take pictures up a girl’s skirt without her knowledge. They usually happen in public places because having other people around makes it easier to not be seen.
Definition of Upskirting Invasion of Privacy for Sexual Gratification in Larimer County
The Larimer County, Colorado law definition of Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 – is:
An issue that this definition raises related to upskirting is intimate parts. If the woman is wearing underwear, does taking a picture of her underwear, but no actual exposure of her intimate parts count as Invasion of Privacy? Rationally, one would think not, but we have still seen cases charged with these facts.
Sentence for Invasion of Privacy for Sexual Gratification in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Invasion of Privacy for Sexual Gratification is a class 1 extraordinary risk misdemeanor. However, it can be charged as a class 6 felony extraordinary risk crime if:
- The offense is committed subsequent to a prior conviction, as defined in section 16-22-102 (3), C.R.S., for unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S.; or
- The person observes or takes a photograph of the intimate parts of a person under fifteen years of age. This subparagraph (II) shall not apply if the defendant is less than four years older than the person observed or photographed.