Sometimes, we aren't always as discreet as we may think. For one man, I'm not sure how he thought he wouldn't get caught after recording women using the restroom on his Nintendo device. He was caught after a female reported seeing a hand underneath her bathroom stall, holding a Nintendo 3DS. The Nintendo 3DS can apparently record both audio and video. The female then waited outside the bathroom for the man to come out, and when he did she recognized him as a former student. When confronted by police, the student called his actions a fetish – that he liked watching and listening to females using the restroom. He had apparently been recording women using the restroom for a couple of weeks. In Denver and Arapahoe County, would the student face charges of Invasion of Privacy for Sexual Gratification, or Criminal Invasion of Privacy? Keep reading to find out.

What is Criminal Invasion of Privacy in Denver?

Criminal Invasion of Privacy, C.R.S. 18-7-801, is charged in Denver and Jefferson County whenever:

“A person knowingly observes or takes a photograph of another person's intimate parts, as defined in section 18-3-401(2), without that person's consent, in a situation where the person observed or photographed has a reasonable expectation of privacy.”

What is Invasion of Privacy for Sexual Gratification in Adams County?

Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6, on the other hand, is charged in Adams County and across Colorado, whenever:

“A person 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.”

How These Crimes Are Charged in Colorado

To understand how this man would be charged in Douglas County and across Colorado, it's important to talk about the difference between these two sex crimes. The biggest difference is that Invasion of Privacy for Sexual Gratification involves observing / photographing another's intimate parts for sexual gratification. A Douglas County District Attorney might argue the student was videotaping women using the restroom for his own sexual gratification because he called his actions a fetish and something he liked doing. He also qualifies for photographing the intimate parts of women because of the device he was using. His Nintendo 3DS could record audio and video, so it qualifies as a photograph. The definition of photograph (for both sex crimes) is:

“a photograph, motion picture, videotape, live feed, print, negative, slide, or other mechanically, electronically, digitally, or chemically reproduced visual material.”

It's also important to mention the definition of “intimate parts”. Intimate parts are defined as the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person. Since the student was filming women using the restroom, it's likely he was also filming their intimate parts. Altogether, the student's actions would be considered observing or photographing the women's intimate parts without their consent, in a situation where they expected privacy, for the purposes of sexual gratification. That means he could be charged with Invasion of Privacy for Sexual Gratification in Colorado.

While Invasion of Privacy for Sexual Gratification is a sexual offense in Aurora, Denver, Littleton, and across Colorado, Criminal Invasion of Privacy is not. If convicted of Invasion of Privacy for Sexual Gratification in Colorado, this man would have to register as a sex offender and complete sex offender treatment. He could also face jail / prison time in the Denver County Jail or the Colorado Department of Corrections. However, the sentence for Criminal Invasion of Privacy would not necessarily involve sex offender treatment, and definitely no registration as a sex offender.

If you or a loved one has been accused of Invasion of Privacy for Sexual Gratification or Criminal Invasion of Privacy in Denver County, Jefferson County or El Paso County, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys in Colorado at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

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