Invasion of Privacy for Sexual Gratification Attorney

It is unlawful to take intimate photos of someone without their consent in Douglas County, and throughout Colorado. Doing so is not only a sex offense, but also an “extraordinary risk” crime. This enhances the sentence itself by up to 6 months. Invading privacy for sexual gratification also requires the convicted person to register as a sex offender in Colorado. None of these potential ramifications are simple to navigate, which is why help from an expert invasion of privacy for sexual gratification attorney is essential.

What is Invasion of Privacy for Sexual Gratification in Colorado?

The definition of Invasion of Privacy for Sexual Gratification includes several key parts. First, an individual must knowingly watch or take a photo of another person’s intimate parts without their consent. Second, this must take place in a location where the observed or photographed person’s privacy is a reasonable expectation. Finally, the observer must do so for the purpose of their own sexual gratification.

Sentencing for Invasion of Privacy for Sexual Gratification

Most often, invasion of privacy for sexual gratification C.R.S. 18-3-405.6 is a class 1 misdemeanor. The “extraordinary risk” tag makes the harsher sentence applicable. Anywhere from 6 to 24 months in Douglas County jail is a possible incarceration time period. Also, a fine between $500 and $5,000 can apply. Two factors can inflate invasion of privacy for sexual gratification to a class 6 felony:

a prior conviction of any unlawful sexual behavior, or
the person photographed was under 15 years old and at least 4 years younger than the person that took the photo.

These factors increase the possible sentence to 1 to 2 years in prison and / or a fine of between $1,000 and $100,000. Conviction might also result in the intrusive and embarrassing Sex Offender Registration and Treatment.

What are examples of Invasion of Privacy for Sexual Gratification?

The most common examples of invasion of privacy for sexual gratification involve cameras on mobile phones. Someone might use this device to take pictures or video of another person changing in areas such as:

near a window in their home
in a bathroom
a locker room
hotel room

Because the people in the above scenarios are likely not consenting to the photo / video and they’re in a location considered to be private, charges might not be far off. However, the key element of whether the photo / video was taken for someone’s own sexual gratification can be a gray area. Just because someone has a nude photograph of another person does not make them a criminal. Having an experienced criminal defense lawyer on your side can be the difference when trying to point out vital details that can alter an outcome.