Have you been falsely accused of Criminal Invasion of Privacy in Weld County? The top Invasion of Privacy attorneys at the O’Malley Law Office want to help. In Greeley and across Colorado, you can be charged with Criminal Invasion of Privacy if you take pictures of another person’s intimate parts without their permission. Below, our skilled attorneys will discuss an Invasion of Privacy Charge. For charges in Fort Collins or Larimer County, get help here.
Legal Definition in Greeley, Colorado, of Criminal Invasion of Privacy, C.R.S. 18-7-801
In Greeley, the legal definition of Criminal Invasion of Privacy, C.R.S. 18-7-801, is:
Invasion of Privacy charges are limited to places where a person has a reasonable expectation of privacy. For instance, a beach, lake, or public park is not somewhere where a person expects privacy. However, a dressing room, someone’s own house, or a restroom in a private or public setting, are places where a person expects privacy. Also, the photograph does not have to be viewed by the defendant for him to be charged with Criminal Invasion of Privacy. For example, if Joe set up a camera to record in the girl’s restroom at his work, if the camera was discovered before Joe could view the recording, he could still be charged with Criminal Invasion of Privacy. Notice also that there is no need for a sexual gratification to commit this crime. Even filming another in a private place as a prank can result in charges.
Criminal Invasion of Privacy Compared to Invasion of Privacy for Sexual Gratification, 18-3-405.6
Invasion of Privacy for Sexual Gratification, located at C.R.S. 18-3-405.6, is a sexual offense, requiring registration and treatment as a sex offender. Criminal Invasion of Privacy in Colorado courts is not a sexual offense and does not require registration or sex offender treatment under the SOMB rules. Plus, Invasion of Privacy is a class 1 misdemeanor and can also be charged as a felony. Invasion of Privacy is a class 2 misdemeanor and is not ever a felony. Either way, the nature of these offenses would both be very harmful to have on your criminal record.
What is Included in the Definition of “Photography” in a Criminal Invasion of Privacy Charge in Weld County?
Any types of visual material are included under “Photography” in Weld County with an Invasion of Privacy Charge. This includes photos, videos, live camera feeds, negatives, and slides.
The Windsor Colorado Definition of “Intimate Parts” Under C.R.S. 18-7-801
In Windsor and the rest of Colorado, “Intimate Parts” as stated in C.R.S. 18-7-801, is described as external genitalia, anus, buttocks, breasts, pubic area, or perineum of any person.
Sentence and Penalties of Criminal Invasion of Privacy in Weld County
Invasion of Privacy in Weld County is a class 2 misdemeanor with penalties of 3 months up to 364 days in the Weld County Jail and a fine of up to $1,000. A conviction of Criminal Invasion of Privacy does not require Registration as a Sex Offender. However, this charge is often confused with Invasion of Privacy for Sexual Gratification where a conviction does require Registration as a Sex Offender. If you are being accused of Invasion of Privacy for Sexual Gratification, get help here.
Common Defenses to Criminal Invasion of Privacy in Greeley, Colorado and Why You Should Hire a Leading Criminal Defense Attorney
Leading Greeley defense attorneys are a person’s best line of defense to getting a good outcome in their Criminal Invasion of Privacy case. The attorneys at the O’Malley Law Office have over 30 years of experience with successful defenses to Invasion of Privacy cases. Some common defenses that are used in these cases are:
- You did not make recordings or view the victim’s intimate parts
- The place the picture or video was taken was not a place where a person could normally expect privacy
- You did not know that the photos or video were being taken on your property (someone else planted the camera)
It is important that our attorneys learn the facts about your case to help you with the best defense possible. Let us fight for you.