Invasion of Privacy for Sexual Gratification Lawyer in Fort Collins, CO
Differences in Colorado’s Invasion of Privacy Crimes

Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6, prohibits the act of watching or observing another person to be sexually aroused in a place where the other person should have a reasonable expectation of privacy.  Similarly, Criminal Invasion of Privacy, C.R.S. 18-7-801, is charged for looking at or photographing another person.  However, the intent behind the two offenses is different, making Invasion of Privacy for Sexual Gratification a far more serious offense.  If you have been charged with either, don’t wait to contact a top criminal defense lawyer to represent you at the Weld County Courts.

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1. Legal Definition of Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6 in Greeley

2. Invasion of Privacy for Sexual Gratification vs. Criminal Invasion of Privacy in Firestone and Dacono

3. Weld County Jail Time + Other Penalties for Invasion of Privacy

1. Legal Definition of Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6 in Greeley

In Greeley, the legal definition of Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6, is:

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.

This law prohibits the act of voyeurism for the sake of sexual gratification.  For example, if a woman watches her neighbor undress every day so that she can be aroused, she would be charged with this offense.

2. Invasion of Privacy for Sexual Gratification vs. Criminal Invasion of Privacy in Firestone and Dacono

Invasion of Privacy for Sexual Gratification is similar to Criminal Invasion of Privacy, C.R.S. 18-7-801, in Firestone and Dacono.  Criminal Invasion of Privacy is charged when a person knowingly observes or photographs another’s intimate parts without consent in a setting where the observed person should have had a reasonable expectation of privacy.  However, Invasion of Privacy for Sexual Gratification is committed “for the purpose of the observer’s own sexual gratification,” whereas Criminal Invasion is not.  A person who commits Criminal Invasion may have taken photos of a woman in her shower with the intent of selling them online later, or for the purpose of later blackmailing her.  In any case, the defendant does not engage in the act for their own sexual arousal.

3. Weld County Jail Time + Other Penalties for Invasion of Privacy

Generally, Invasion of Privacy for Sexual Gratification is a class 1 misdemeanor, punishable by Weld County Jail time, a fine, and required registration as a sex offender.  However, it can also be a class 6 felony in some cases, significantly increasing the penalties imposed on a defendant if convicted of this offense.  See the table below:

Circumstances

Classification

Penalties

Invasion of Privacy not committed under the circumstances listed below Class 1 misdemeanor / M1
Invasion of Privacy committed when:

  • The defendant was previously convicted of an offense of unlawful sexual behavior enumerated in C.R.S. 16-22-102 (9), or
  • The person observed or photographed was under 15 years old.  This does not apply if the defendant was less than 4 years older than the person photographed / observed.
Class 6 felony / F6
  • 1 year – 18 months in the Colorado DOC
  • Fine of $1,000 – $100,000
  • 1 year of mandatory parole upon release from prison
  • Required sex offender treatment
  • Mandatory registration on the sex offender registry
  • Restitution, if applicable

If you have been charged with Invasion of Privacy for Sexual Gratification, don’t wait to contact a top criminal defense lawyer.  Call us today so that we can help you protect your future.


Have you been charged with Invasion of Privacy for Sexual Gratification?  Be smart, and exercise your right to stay silent – never talk to the Weld County Sheriff or Greeley Police.  Then get in contact with a criminal lawyer with decades of experience at the O’Malley Law Office today at 970-616-6009 to discuss your case. Together, we can protect your future.

The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!

Photo by Noelle Otto