Being charged with Invasion of Privacy for Sexual Gratification in Larimer County, Colorado is a serious matter, one that can carry sex offender registration requirements, jail time, and long-term damage to your personal and professional reputation.
If you or a loved one is facing this charge, it’s critical to understand what it means, how Colorado law treats it, and what defenses may be available. At O’Malley Law Office, we represent individuals across the state accused of sex-related crimes, and we know how to fight for your rights.
What Is “Invasion of Privacy for Sexual Gratification” in Fort Collins, Colorado?
In Fort Collins, under C.R.S. § 18-3-405.6, a person commits this offense if they knowingly:
Observe or photograph another person’s intimate parts without that person’s consent and in a situation where the person has a reasonable expectation of privacy, and the act is committed for the purpose of the observer’s sexual gratification.
Common scenarios that may lead to this charge include:
- Secretly taking photos or videos in a dressing room or bathroom
- “Peeping” through windows or using hidden cameras
- Recording or watching someone changing clothes or engaging in sexual activity without their knowledge
Key Elements the Prosecution Must Prove in a Loveland Invasion of Privacy for Sexual Gratification
To secure a conviction, the prosecution must prove beyond a reasonable doubt that:
- The alleged victim was in a place with a reasonable expectation of privacy (e.g., bathroom, bedroom, dressing room)
- The defendant observed or recorded intimate parts (typically genitals, buttocks, or breasts)
- The act was done for the purpose of sexual gratification
- The victim did not consent to the observation or recording
All four elements must be present. If even one is missing, the charge may not hold up in court.
Is Invasion of Privacy for Sexual Gratification a Felony or a Misdemeanor Crime in Estes Park?
The classification depends on specific facts of the case and the age of the alleged victim.
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Class 1 Misdemeanor
- When the alleged victim is 18 or older
- Penalties may include:
- Up to 364 days in jail
- Fines up to $1,000
- Mandatory sex offender registration
-
Class 6 Felony – Extraordinary Risk Crime
- If the alleged victim is under 15 years old and the defendant is at least 4 years older, or
- It is a second or subsequent offense for unlawful sexual behavior
- Penalties may include:
- 1 to 2 years in prison
- Fines up to $100,000
- Mandatory sex offender registration
- Possible lifetime supervision
Sex Offender Registration Requirements
Even a misdemeanor conviction under this statute requires mandatory registration as a sex offender in Colorado. This can affect:
- Employment opportunities
- Housing options
- Your reputation in the community
- Travel restrictions
- Use of the internet and social media
If you or someone you love has been charged with 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 a free initial consultation. Together, we can protect your future.
Photo by Noelle Otto