Colorado Invasion of Privacy for Sexual Gratification

In Colorado, invasion of privacy for sexual gratification is a serious offense that falls under the category of sexual exploitation. The act is defined as observing or taking photographs of a person's intimate parts without their consent for the purpose of personal sexual fulfillment. This article aims to provide a comprehensive understanding of the law outlined in CRS 18-3-405.6, the implications of such an offense, and the legal consequences that follow.

What Constitutes Invasion of Privacy for Sexual Gratification?

Invasion of privacy for sexual gratification occurs when an individual knowingly observes or takes photographs of another person's intimate parts without their consent, and the person being observed has a reasonable expectation of privacy. The term "intimate parts" refers to the external genitalia, perineum, anus, buttocks, or the breast of a female.

The Legal Definition of Invasion of Privacy for Sexual Gratification

According to Colorado Revised Statutes (CRS) 18-3-405.6, the crime of invasion of privacy for sexual gratification involves several key elements:

• The perpetrator observes or takes a photo or video of someone's intimate parts.

• The observation or recording is done without the consent of the person being observed.

• The observation or recording is done for the perpetrator's own sexual satisfaction.

Expectation of Privacy

A crucial aspect of this crime is the expectation of privacy. The person being observed must be in a situation where they reasonably expect to be private, such as in their own home, a restroom, a dressing room, or any other place where one would not expect to be watched.

Legal Consequences of Invasion of Privacy for Sexual Gratification

The legal ramifications for committing this offense in Colorado can be severe and long-lasting. It is essential to understand the potential consequences if charged with this crime.

Misdemeanor or Felony Charges

Invasion of privacy for sexual gratification can be charged as a misdemeanor or a felony, depending on the circumstances of the case. If the victim is an adult, the crime is generally classified as a misdemeanor. However, if the victim is a minor under 15 years of age and the perpetrator is at least four years older, the offense becomes a class 6 felony.

It is also a felony offense if the crime is committed after a prior conviction for unlawful sexual behavior.

Penalties and Sentencing for Invasion of Privacy

For misdemeanor charges, penalties may include up to 18 months in jail and/or fines. Felony charges can result in harsher punishments, including a prison sentence ranging from 12 months to 18 months and/or fines. In both scenarios, the court may also mandate counseling or therapy for the offender.

Defending Against Charges of Invasion of Privacy for Sexual Gratification

Those accused of invasion of privacy for sexual gratification in Colorado have the right to a fair trial and legal defense. It is essential for the accused to understand their legal options and the defenses that may be available to them.

Lack of Intent

One possible defense is the lack of intent to observe or record someone for sexual gratification. If the accused can prove that the observation or recording was accidental or unintentional, this may serve as a valid defense.

No Reasonable Expectation of Privacy

Another defense may be that the person being observed did not have a reasonable expectation of privacy in the location where the incident occurred. For example, if the observation took place in a public setting where privacy is not typically expected, this could be used as a defense.

Call an Aggressive Criminal Defense Attorney Today

Invasion of privacy for sexual gratification is a severe offense in Colorado. It is important to seek competent legal representation to defend against these accusations. Any consultation with the Lawrence Law Firm is free, and we will gladly speak with you about your options.