O'Malley Law Office, P.C. > Fort Collins Colorado Criminal Defense Attorney Blog > Sex Crimes > Sexual Exploitation of a Child > When Fort Collins Invasion of Privacy for Sexual Gratification Becomes Sexual Exploitation of a Child

When Fort Collins Invasion of Privacy for Sexual Gratification Becomes Sexual Exploitation of a Child

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A teacher was charged with Sexual Exploitation of a Child instead of Invasion of Privacy for Sexual Gratification after taking upskirt photos of students.

Taking upskirt photos of someone without their permission is usually charged as Invasion of Privacy for Sexual Gratification in Fort Collins and Larimer County. However, if the photos are of someone under the age of 18, a charge of Sexual Exploitation of a Child may also apply. A teacher was recently charged with Sexual Exploitation of Children for taking upskirt pictures and videos of 3 students. He was charged with the child pornography crime, even though the lesser Invasion of Privacy for Sexual Gratification would more appropriately apply.

Larimer County Sexual Exploitation of a Child Definition

The Larimer, Boulder, and Grand County, Colorado law definition of Sexual Exploitation of a Child – C.R.S. 18-6-403(3)(a) – is:

(3) A person commits sexual exploitation of a child if, for any purpose, he or she knowingly:

(a) Causes, induces, entices, or permits a child to engage in, or be used for, any explicit sexual conduct for the making of any sexually exploitative material;

The teacher is being charged for creating child pornography, which is a class 3 felony sex offense in Fort Collins. It is punishable by 4 to 12 years in the Colorado Department of Corrections.

Invasion of Privacy for Sexual Gratification Definition in Loveland and Estes Park

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.

This statute specifically covers the upskirt photo situation and has provisions for when the person photographed is under the age of 15. While normally charged as a class 1 extraordinary risk misdemeanor, if the victim is under the age of 15, then it is a class 6 felony extraordinary risk sex offense, punishable by 1 to 2 years in the Colorado Department of Corrections. It seems that due to the teacher’s position of trust and access to children, the DA’s office wanted to charge him as harshly as possible, even if the lesser charge is a better fit for the crime.

If you or someone you love has been charged with Sexual Exploitation of a Child or 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.

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