This week, a man was sentenced to six months in jail after being found guilty of secretly videotaping a female co-worker while she was in the bathroom. The woman filed a complaint after seeing photos of herself on his phone. This launched an investigation where it was discovered the man had entered the woman’s home many times and took over 90 videos, 1,500 photos, and other data from her computer. The video where she was recorded using the bathroom was recorded in an employee only restroom. Now, after serving his six months, he will have 5 ½ years of probation, which will include wearing a GPS ankle monitor.
Definition of Criminal Invasion of Privacy in Greeley
C.R.S. 18-7-801 – Criminal Invasion of Privacy – is defined by Colorado law as:
There are two vital elements of this crime:
- The observation or photographs must be of a person’s intimate parts, which are the genitals, buttocks, or breasts of a person; and
- The person observed or photographed has a reasonable expectation of privacy- places like locker rooms, restrooms, and dressing rooms all have the reasonable expectation of privacy.
In Greeley, Windsor, and Evans, Invasion of Privacy is considered a class 2 misdemeanor. This crime does not address the intentions behind the actor observing or photographing the person’s intimate parts. If the district attorney’s office thinks they can prove the invasion of privacy was for sexual gratification, they will charge a higher-class misdemeanor called Invasion of Privacy for Sexual Gratification.
Definition of Invasion of Privacy for Sexual Gratification in Weld County
Colorado law defines C.R.S. 18-3-405.6 – Invasion of Privacy for Sexual Gratification – as:
This class 1 misdemeanor has all the same criteria as Criminal Invasion of Privacy, but has the added element of sexual intent. A Weld, Morgan, or Logan County District Attorney must be able to prove that the observation or photographs of the intimate parts were for sexual gratification. This intent piece is what classifies the crime as a higher-level misdemeanor sexual offense.
If you or a loved one has been charged with Invasion of Privacy, be smart, exercise your right to remain silent, and contact the best Invasion of Privacy criminal defense lawyers from the O’Malley Law Office at (970) 616-6009 to set up a free consultation. Together, we can protect your future.
Image Credit: Pixabay – VojtechSobek