Viewing or photographing a person's private parts without their consent is charged as Invasion of Privacy for Sexual Gratification in Denver, Aurora, and Castle Rock. A religion teacher was recently arrested and charged with this crime after hiding cell phones in the bathrooms of his church and amusement center. According to the report, the cell phone had fallen out of the ceiling and upon investigation, video recordings of the bathroom were found. Apparently, the man had recorded himself placing the cell phones in the ceiling, which led police to him and resulted in his arrest.
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Douglas County Invasion of Privacy Lawyer: Definition of Invasion of Privacy for Sexual Gratification in Arapahoe County
The Arapahoe and Douglas County, 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.”
A bathroom, much like a dressing room, locker room, and bedroom, is considered a place where a person has a reasonable expectation of privacy.
Sentence for Invasion of Privacy for Sexual Gratification in Adams and Jefferson County
Invasion of Privacy for Sexual Gratification is a class 1 misdemeanor extraordinary risk crime, meaning it is subject to an extended sentencing range in Jefferson and Adams County. However, if the victim of the invasion is under fifteen years old and the accused is 4 or more years older than the victim, then it is a class 6 felony extraordinary risk crime. The class 6 felony also applies if it is a second or subsequent offense. The sentencing ranges are as follows:
- Class 1 misdemeanor Invasion of Privacy for Sexual Gratification: 6 – 24 months in the Denver County Jail
- Class 6 felony Invasion of Privacy for Sexual Gratification: 1 – 2 years in the Colorado Department of Corrections
The crime of Sexual Exploitation of a Child can also apply when the victim is a minor, depending on the nature of the videos or photographs. For the man above, he would likely be facing the felony Invasion of Privacy for Sexual Gratification charge, as there were likely children videoed in the bathrooms.
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If you or a loved one has been charged with or arrested for 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 303-830-0880. Together, we can protect your future.Request a Free Consultation
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