A woman reported an incident that allegedly occurred at a Broncos football game last month, and the accused has been caught and arrested. According to the news report, the man, who has a prosthetic leg, was taking up skirt photos of the woman with his cell phone. The woman confronted him and his response was to run away. He was later caught and arrested for Invasion of Privacy for Sexual Gratification. It was discovered he is a registered sex offender, which aggravates the case to a felony charge. Let’s look at the statute to see what the potential ramifications are for a felony sex offense charge in Greeley, Windsor, and Berthoud.
Weld County Invasion of Privacy for Sexual Gratification Lawyer: What is the Definition of Invasion of Privacy for Sexual Gratification?
The Colorado law definition of Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 – is:
It is important to note that the photographs must be show another person’s intimate parts. If the woman was wearing underwear, this crime most likely would not apply, as her intimate parts would not have been exposed in the photographs. Sometimes, this crime is charged for very similar circumstances as the story above, only the woman is wearing undergarments and no intimate parts are exposed. While it surely is a violation of privacy for someone to take an upskirt photo, if intimate parts are not exposed, this charge simply doesn’t apply.
Greeley Invasion of Privacy for Sexual Gratification Lawyer: When Is This Crime a Felony?
In most cases, Invasion of Privacy for Sexual Gratification is an extraordinary risk, class 1 misdemeanor, punishable by 6 to 24 months in the Weld, Morgan, or Logan County Jail and up to $5,000 in fines. However, if the accused has been previously convicted of an unlawful sexual behavior or takes photographs of the intimate parts of a person under 15 years old, then it is charged as an extraordinary risk, class 6 felony. Felony Invasion of Privacy for Sexual Gratification is punishable by 1 to 2 years in the Colorado Department of Corrections. Because the man above is a registered sex offender, he most likely was previously convicted of unlawful sexual behavior, which would qualify his offense as a felony.
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 Greeley criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
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