When you are in an area where there is a reasonable expectation of privacy (like a dressing room or public restroom) and someone is caught violating that privacy by taking pictures or video, Invasion of Privacy charges are likely to follow. Denver Police are actively looking for a man who used his cell phone to get images of her in various forms of undress while in the dressing room at the Denver Pavilions on the 16^th Street Mall. According to the press release, the man is wanted for Invasion of Privacy. In Castle Rock, Highlands Ranch, and Parker, there are two statutes related to Invasion of Privacy: Criminal Invasion of Privacy and Invasion of Privacy for Sexual Gratification. The difference between these two crimes is intent. Let’s take a look at these two crimes and how they could apply to the man taking photos in the dressing room.  

Douglas County Criminal Invasion of Privacy Lawyer: What is the Definition of Criminal Invasion of Privacy

The Douglas County, Colorado definition of Criminal Invasion of Privacy – C.R.S. 18-7-801 – is:

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A person who knowingly observes or takes a photograph of another person's intimate parts, as defined in section 18-3-401 (2), without that person's consent, in a situation where the person observed or photographed has a reasonable expectation of privacy, commits criminal invasion of privacy."

As a class 2 misdemeanor, Criminal Invasion of Privacy is punishable by 3 to 12 months in the Douglas County Jail and up to $1,000 in fines.

Highlands Ranch Invasion of Privacy for Sexual Gratification Lawyer: What is Invasion of Privacy for Sexual Gratification?

The Colorado law definition of Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 – is:

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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.”

As you can see, this statute is very similar to the Criminal Invasion of Privacy, except that it adds the element of intent. If it can be proven that the intent behind the taking the pictures is for sexual gratification, then this harsher class 1 misdemeanor sexual offense will be charged.

If you or a loved one 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 303-265-1950 today. Together, we can protect your future.

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