If you’ve been charged with an Invasion of Privacy offense in Greeley or elsewhere in Weld County, you may notice the charge falls under one of two related but distinct Colorado laws. Understanding the difference matters, because the consequences of each can be very different.
Attorney for Criminal Invasion of Privacy (C.R.S. 18-7-801) in Windsor and Firestone
This offense applies when someone knowingly observes or photographs another person’s intimate parts without their consent, in a situation where that person has a reasonable expectation of privacy. It’s charged as a class 2 misdemeanor and does not require registration on the Colorado Sex Offender Registry.
Evans Invasion of Privacy for Sexual Gratification (C.R.S. 18-3-405.6) Lawyer
This offense covers the same basic conduct (observing or photographing someone’s intimate parts without consent in a place where they expect privacy), but adds one key element: the act must be done for the observer’s own sexual gratification. Because of that added element, this charge is treated far more seriously. It’s a class 1 misdemeanor, and it can be elevated to a class 6 felony if the accused has a prior conviction for unlawful sexual behavior or if the person observed or photographed was under 15 years old. This offense also requires registration as a sex offender if convicted.
Why the Distinction Matters: Attorney for Invasion of Privacy Charges in Weld County
The two statutes describe nearly identical conduct on paper. The dividing line prosecutors focus on is intent, specifically, whether the conduct was for sexual arousal or gratification. Because this distinction can significantly affect potential penalties, including sex offender registration, how a case is initially charged and how the facts are presented throughout the process matters a great deal.
What to Do If You’re Facing Either Charge in Colorado
Both charges carry serious, long-term consequences for your record, your reputation, and potentially your future. If you’ve been charged with either offense in Weld County, it’s important to speak with a local criminal defense attorney as soon as possible to understand what you’re facing and what happens next in your case.
If you or someone you love has been charged with Invasion of Privacy, 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.
Photo by Erika Quirino