Colorado Sex Crime Attorney Blog

Denver Privacy Invasion in a Bathroom Stall

Posted by Kyle B. Sawyer | Jul 13, 2015 | 0 Comments

A man could be charged with Invasion of Privacy for Sexual Gratification for taking pictures underneath a bathroom stall.
Image Credit: Pixabay – ClkerFreeVectorImages

Privacy is something many people value, but it is also something that is often violated. In fact, I read a news story the other day surrounding this idea. The news story was about a violation of privacy in a women's restroom in Denver.

Apparently, a man was taking photos underneath the bathroom stalls. He was using his cellphone to take the pictures, and ended up taking photographs underneath the stalls used by two children.

Since this occurred in Denver, it is likely the man could face charges of Invasion of Privacy for Sexual Gratification.

What is Invasion of Privacy for Sexual Gratification in Colorado?

In Jefferson and Adams County, the 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 and the observer wants sexual gratification.”

A bathroom is typically seen as an area of privacy, which means people usually expect privacy when using one. Therefore, because this man was taking pictures of others who were using the bathroom (with an expectation of privacy), he could face Invasion of Privacy for Sexual Gratification charges.

Difference Between Criminal Invasion of Privacy and Invasion of Privacy for Sexual Gratification

An expert criminal defense lawyer is essential when evaluating charges of Invasion of Privacy for Sexual Gratification or Criminal Invasion of Privacy.

The part that can be tricky about a charge of Invasion of Privacy for Sexual Gratification is the part about a desire for sexual gratification. It's hard to be certain that this man was taking pictures for his own gratification. This is something that a knowledgeable criminal defense attorney would be able to evaluate more thoroughly.

With the right methods of evaluation, an experienced attorney might be able to lessen charges of Invasion of Privacy for Sexual Gratification to Criminal Invasion of Privacy, C.R.S 18-7-801. The definition of Criminal Invasion of Privacy is:

A person who 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, commits criminal invasion of privacy.

This crime's definition is different than that of Invasion of Privacy for Sexual Gratification because there's no mention of sexual gratification. If this man was not taking pictures for self-pleasure, Criminal Invasion of Privacy would be a more appropriate charge.

Criminal Invasion of Privacy is a class 2 misdemeanor, as opposed to Invasion of Privacy for Sexual Gratification, which is a class 1 misdemeanor and an extraordinary risk crime. Invasion of Privacy for Sexual Gratification is also a Sexual Offense of Unlawful Sexual Behavior, which has devastating consequences for a person's career and home life. In cases where someone has a previous conviction of the same charge of Invasion of Privacy for Sexual Gratification or a victim is under 15 years old, it could be charged as a class 6 felony charge. A class 6 felony could result in a year to 18 months in the Colorado Department of Corrections and even more strict supervision requirements.

Why You Need the Best Sex Crime Defense Lawyers in Denver

In Arapahoe County, Invasion of Privacy for Sexual Gratification is a sex offense and an extraordinary risk crime. This means that anyone convicted of this crime will have to register as a sex offender and complete sex offender treatment under the Sex Offender Management Board. The treatment under the SOMB can be overbearing. Not only that, but registering as a sex offender can cripple your chances of finding a job, as well as limit places you can live. The attorneys at the O'Malley Law Office recognize the harsh outcomes of a sex crime conviction, and ensure we do our best to protect you and your future. If you are facing Invasion of Privacy for Sexual Gratification charges, don't hesitate to contact our sex crime attorneys for a free initial consultation.

Request a Free Consultation

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

About the Author

Kyle B. Sawyer

I have a passion for defending others in criminal cases. I am able to empathize with my clients and understand their emotions and fears. I have a unique perspective on the criminal justice system and I understand what it feels like to be wrongly accused of a crime.

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