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Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6

Learn more about Invasion of Privacy for Sexual Gratification in Colorado.

Colorado’s warm weather usually brings more voyeurism, peeping tom, and Invasion of Privacy for Sexual Gratification charges in Denver, Arapahoe, and Jefferson County. These charges come naturally with the weather outside being nicer; windows are open more frequently, making it easier to see inside than in the winter. Let’s look closer at this sexual offense in order to see how a person is charged.

What is Invasion of Privacy
for Sexual Gratification?

Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6, is charged in Adams, Douglas, and El Paso County when a person observes or takes photos or other types of media of another person’s intimate parts without their permission, and when they have a reasonable expectation of privacy, if the purpose is for sexual gratification. Let’s look at each aspect of this crime in greater detail:

Photos or Other
Types of Media

The statute lists the types of media, which are considered to be illegal under the Invasion of Privacy for Sexual Gratification law in El Paso, Boulder, and Broomfield County, and across the state of Colorado.. It includes photographs, motion pictures, videotapes, live feeds, prints, negatives, slides, or other “mechanically, electronically, or chemically produced or reproduced visual material.”

Reasonable
Expectation of Privacy

A person can be charged with this crime if the alleged victim had a ‘reasonable expectation of privacy.’ A few areas common in these cases are: bathrooms, changing rooms, homes, and locker rooms. Because the definition is vague, much of the application of this term depends on the facts of each case. Does a person who leaves their windows, blinds, or curtains open have an expectation of privacy?

Intimate
Parts

The law states a person will be charged with the crime of Invasion of Privacy for Sexual Gratification in the state of Colorado if they observe or capture a person’s ‘intimate parts.’ The definition of this term is found under Colorado statute 18-3-401. It is defined as the “external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.”

Sexual
Gratification

There is no definition in the law for what ‘sexual gratification’ actually means, yet it is a vital and important aspect of the crime itself. In most situations, whether or not the viewing or photographing was for the purpose of sexual gratification depends on the facts of each specific case and the interpretation alleged by the District Attorney in the County where you’ve been charged.

What is the Sentence for Invasion of Privacy for Sexual Gratification?

Invasion of Privacy for Sexual Gratification is normally charged as a class 1 misdemeanor. But, if the victim is under 15 years old (and the defendant is at least 4 years older), or if they have a prior conviction of an unlawful sexual behavior, it is a class 6 felony. A misdemeanor conviction for this offense could result in a County Jail sentence, while the felony conviction could result in a prison sentence. Regardless of the severity of the offense, Invasion of Privacy for Sexual Gratification is a sex offense, requiring sex offender registration and treatment upon conviction.

Sex Offender
Treatment

Sex offender treatment overseen by the Colorado Sex Offender Management Board (SOMB), is one-size-fits-all. It is a harsh and invasive treatment, which all convicted sex offenders must complete.

Sex Offender
Registration

A person convicted of Invasion of Privacy for Sexual Gratification in Colorado will be required to register as a sex offender with the law enforcement agency of the jurisdiction (County) where they live.

Sex Offender Intensive
Supervised Probation

A person convicted of this sexual offense could receive Sex Offender Intensive Supervised Probation (SOISP), which is extremely strict and restrictive to a person’s life and ability to live freely.

Invasion of Privacy for Sexual Gratification is a sex offense:

You need the expertise of a defense lawyer if you’ve been charged.

Possible Related Charges in Colorado

Many people who are charged with Invasion of Privacy for Sexual Gratification also face other charges, such as Burglary and Second Degree Trespass. This is because such ‘Peeping Toms’ often cross a fence or other boundary into people’s property in an attempt to gain footage or a clear view. Thus, even a small misdemeanor offense can quickly escalate into a serious felony Burglary or Trespassing charge.

Why You Need the Best Lawyer for Invasion of Privacy for Sexual Gratification

If you’ve been charged with Invasion of Privacy for Sexual Gratification, don’t hesitate to contact an expert criminal defense lawyer. Often, people are embarrassed by the charges against them, so they plead guilty to be done with the process and avoid jail time. Unfortunately, when you plead guilty to a crime, you wave your right to seal the conviction at a later date. It is much better to work with the best criminal defense attorney who will fight to get the charges against you reduced or dismissed. Fight to protect your future – don’t allow a mistake or false accusations to have a negative impact on your future. The lawyers at the O’Malley Law Office fight to win.

Get Help Now

If you or a loved one has been charged with Invasion of Privacy for Sexual Gratification, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney for a free consultation at 303-830-0880. Together, we can protect your future.
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Colorado Invasion of Privacy for Sexual Gratification Statute – 18-3-405.6

(1) 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.

(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), invasion of privacy for sexual gratification is a class 1 misdemeanor and is an extraordinary risk crime subject to the modified sentencing range specified in section 18-1.3-501 (3).

(b) Invasion of privacy for sexual gratification is a class 6 felony and is an extraordinary risk crime subject to the modified sentencing range specified in section 18-1-.3-104 (10) if either of the following circumstances exist:

(I) The offense is committed subsequent to a prior conviction, as defined in section 16-22-102 (3), C.R.S., for unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S.; or

(II) The person observes or takes a photograph of the intimate parts of a person under fifteen years of age. This subparagraph (II) shall not apply if the defendant is less than four years older than the person observed or photographed.

(3) For purposes of this section, “photograph” includes a photograph, motion picture, videotape, live feed, print, negative, slide, or other mechanically, electronically, or chemically produced or reproduced visual material.”