There are two charges in Fort Collins and Larimer County related to invading someone’s privacy: Criminal Invasion of Privacy and Invasion of Privacy for Sexual Gratification. They are very similar charges, but one requires a sexual intent. A man was recently arrested and charged with Invasion of Privacy after a woman reported that he took upskirt photos of her. According to the report, the woman noticed the man taking a video up her dress while she was at a Colorado mall shopping. Police are, of course, convinced there are more victims and asking others to come forward. The article states that the man was charged with Invasion of Privacy, but does not specify if it is the Criminal Invasion of Privacy or Invasion of Privacy for Sexual Gratification. Let’s take a closer look at these two crimes.
Fort Collins Invasion of Privacy for Sexual Gratification Lawyer: Definition of Invasion of Privacy for Sexual Gratification in Colorado
The Fort Collins, Larimer County, Colorado law definition of Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 – is:
So, the elements of this crime include:
- Video or photograph of intimate parts
- Person has an expectation of privacy
- For the accused’s sexual gratification
Based on the information provided above, the man is accused of taking an upskirt photo or video. It would be argued that the woman should have a reasonable expectation of privacy as she was fully clothed in a public place. Now, the question comes down to intent. If the DA thinks they can prove that the man did this for his own sexual gratification, then they will charge this offense. Invasion of Privacy for Sexual Gratification is a class 1 misdemeanor sex offense, but can be a felony if certain aggravated factors are involved.
Criminal Invasion of Privacy for Upskirt Photos Definition in Loveland and Estes Park
Colorado law definition of Criminal Invasion of Privacy – C.R.S. 18-7-801 – is:
As you can see, the elements of this crime are very similar to that of Invasion of Privacy for Sexual Gratification, just without any discussion of intent. For this crime, it doesn’t matter why the person is taking the upskirt photos or videos. This crime is charged simply for the action. Criminal Invasion of Privacy is a class 2 misdemeanor in Fort Collins, Loveland, and Estes Park.
If you or someone you love has been charged with Criminal Invasion of Privacy 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 to schedule your free initial consultation. We also practice in Greeley, Weld County, Colorado. Click here to visit our Greeley site. Together, we can protect your future.
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