Drones are really popular right now. Almost every daily vlogger on YouTube uses one to enhance their video content and it really does. The video footage from a drone is amazing! That is, unless you are using it to commit a crime. That is what one out of state man decided to use his drone for, and the police are just waiting for him to turn himself in. According to the news report, a woman saw the drone hovering outside her bathroom window and followed it to where it landed. She called the police, who collected the drone and the SD card it held, showing multiple videos of people in their bedrooms and bathrooms. It also included some footage of the drone owner operating the drone…busted! Police have issued a statement on Facebook encouraging the man to turn himself in, as they already know who he is (read the message here). It seems he has a history of Voyeurism. In Fort Collins, Loveland, and Estes Park, Voyeurism is charged as Invasion of Privacy for Sexual Gratification.
Larimer County Invasion of Privacy for Sexual Gratification Attorney: What is the Definition of this Crime?
The Colorado law definition of Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 – is:
Obviously in Larimer, Boulder, and Grand County a person has a reasonable expectation of privacy in their own bedrooms and bathrooms. The drone footage would have to show the people’s intimate parts in order to charge Invasion of Privacy for Sexual Gratification. If they were dressed, or even just partially covered, this statute may not apply. The video would have to clearly show the ‘victim’s’ intimate parts in order to charge this crime.
Fort Collins Invasion of Privacy Attorney: What is the Sentence for Invasion of Privacy for Sexual Gratification Via Drone?
Invasion of Privacy for Sexual Gratification can be charged as a class 1 misdemeanor or a class 6 felony depending on the circumstances surrounding the crime. Normally, this crime is charged as a class 1 misdemeanor extraordinary risk crime, punishable by 6 to 24 months in the Larimer County Jail and up to $5,000 in fines. However, if it is a second or subsequent offense for unlawful sexual behavior, or the person observes or photographs the intimate parts of a person under the age of 15, the class 6 felony extraordinary risk charge applies. Felony Invasion of Privacy for Sexual Gratification is punishable by 1 to 2 years on the Colorado Department of Corrections and up to $100,000 in fines. Because the news article claimed that the man had a similar charge on his record, if he had used his drone for this purpose in Fort Collins or anywhere in Colorado, he would be looking at the felony Invasion of Privacy for Sexual Gratification charge.