Recently, Fox 31 Denver requested the expert opinion of the O’Malley Law Office on an Invasion of Privacy for Sexual Gratification case. What brought about the curiosity concerning this crime? Well, a Denver school employee was charged with the sexual offense for looking through a teenage student’s cell phone and viewing ‘embarrassing and explicit videos.’ He allegedly took the phone and searched it without the student’s permission and she reported him. She claimed the man showed her a cartoon that was sexual in nature and put his phone number in her phone. He is now being charged with Invasion of Privacy for Sexual Gratification and Fox 31 turned to Terry O’Malley to get more information about this crime.
What is Invasion of Privacy for Sexual Gratification in Fort Collins?
Colorado law defines Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 – as:
Basically, in a situation where a woman has a reasonable expectation of privacy (i.e. locker room, restroom, inside a house, or store changing room) this crime could be charged if a man:
1.observes someone’s intimate parts; or
2.takes a photograph of someone’s intimate parts.
But, how does that apply to the situation above? Well, we feel it doesn’t. The man from the story did not actively person to person observe the teen’s intimate parts, nor did he photograph them. He simply watched a video where they were stored. Observing a photograph or video does not fall under this statute. This is another example of law enforcement and district attorneys reaching and stretching the law to apply to situations where it doesn’t actually fit. While the other acts the man did may qualify the school district to fire him, or potentially raise other criminal charges, this particular charges do not fit the circumstances.
[pullquote align=”center” textalign=”center” width=”100%”]Have you been charged with Invasion of Privacy for Sexual Gratification? Contact the experienced attorney from the O’Malley Law Office to defend you today![/pullquote]
Items on School Grounds: Subject to Search in Larimer County
Anything you bring on school grounds is subject to search.
Another fact to point out is that in most Fort Collins, Loveland, and Estes Park schools, anything you bring on school grounds is subject to search. This means if you don’t want someone to see it, you shouldn’t bring it. With this in mind, technically, the teacher searching the girl’s cell phone would not be an invasion of privacy, seeing as the item was subject to search. While the teen could argue the teacher had no reason to search the phone, it was still technically searchable if the school gave notice of the policy.