Image Source: Pixabay-myjanitors

The surveillance photo of a man is circulating news sites hoping for his ID. He is wanted for hiding a camera in a women's restroom in the Denver Tech Center. According to the report, the man was seen leaving the restroom as a woman entered, telling her he was the janitor. The hidden camera was then found behind an air freshener. While the man is wanted for Invasion of Privacy, there are two different statutes related to this conduct in Denver, Arapahoe, and Jefferson County. The first is Criminal Invasion of Privacy and the second is Invasion of Privacy for Sexual Gratification. The actor's intent behind the invasion of privacy is what distinguishes these two crimes.

Adams County Criminal Invasion of Privacy Lawyer: Douglas County Definition of Criminal Invasion of Privacy

The Adams County, Colorado definition of Criminal Invasion of Privacy – C.R.S. 18-7-801 – 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, commits criminal invasion of privacy.

As a class 2 misdemeanor, Criminal Invasion of Privacy is punishable by 3 to 12 months in the Douglas County Jail and up to $1,000 in fines. This statute does not address any intent – simply taking photos or videos of someone without their consent can result in this charge.

Jefferson County Invasion of Privacy for Sexual Gratification Lawyer

In Arapahoe and Jefferson County, Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 – is defined as:

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 is where intent is matters. If the Arapahoe County DA believes they can prove the motive behind taking the photos is for sexual gratification, then this extraordinary risk class 1 misdemeanor sex offense will be charged. A conviction of Invasion of Privacy for Sexual Gratification is punishable by 6 to 24 months in the Jefferson County Jail and registration as a sex offender.

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If you or a loved one has been charged with Criminal Invasion of Privacy or Invasion of Privacy for Sexual Gratification, be smart, exercise your right to remain silent, and contact the best Denver criminal defense attorneys from the O'Malley Law Office at 303-830-0880 today. Together, we can protect your future.