Being accused of a sex-related crime or unlawful sexual behavior is one of the most stressful and damaging experiences a person can face. Even before a case reaches Weld County Court, the allegations alone can impact your reputation, career, and relationships. One of the lesser-known but serious charges under Colorado law is Invasion of Privacy for Sexual Gratification.
Although it may sound minor, this charge carries life-changing consequences, including potential jail time, sex offender registration, and a permanent criminal record. If you or someone you care about has been charged with Invasion of Privacy for Sexual Gratification, it’s critical to understand what the law says and how a skilled Colorado criminal defense attorney can help.
What Is “Invasion of Privacy for Sexual Gratification” in Weld County, Colorado?
Under Colorado Revised Statute § 18-3-405.6, Invasion of Privacy for Sexual Gratification occurs when a person:
In simpler terms, this law prohibits secretly viewing, recording, or photographing someone’s private areas without permission, typically in places like bathrooms, dressing rooms, bedrooms, or other private settings.
The key elements prosecutors must prove are:
- The alleged victim was in a situation with a reasonable expectation of privacy,
- The observation or recording occurred without consent, and
- The act was committed for the observer’s sexual gratification.
Johnstown Criminal Defense Attorney: Common Examples of Invasion of Privacy for Sexual Gratification Charges
Invasion of Privacy for Sexual Gratification can arise in a variety of real-world situations, including:
- Secretly recording someone in a bathroom, locker room, or changing area
- Taking unauthorized photos of someone undressed
- Looking into windows or private spaces without consent
- Being accused of “upskirting” or similar voyeuristic acts
Even an allegation, without physical evidence, can lead to an arrest and serious legal consequences.
Penalties for Invasion of Privacy for Sexual Gratification in Colorado
The severity of the charge depends on the circumstances of the case and the accused’s criminal history.
- Class 1 Misdemeanor:
- This is the most common level of Invasion of Privacy for Sexual Gratification charge. Penalties can include up to 364 days in jail, fines up to $1,000, and sex offender registration.
- Class 6 Felony:
If the alleged victim is a minor under 15 years old and the accused is at least four years older, the offense becomes a felony. Penalties may include 12 to 18 months in prison, higher fines, and mandatory sex offender registration.
Conviction also brings lifelong consequences, such as restrictions on where you can live or work, and inclusion on Colorado’s sex offender registry, a public database.
If you or someone you love has been charged with 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 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
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