Colorado Sex Crime Attorney Blog

Man Accused of Going Through Cell Phone Pictures Without Permission

Posted by Kyle B. Sawyer | Jun 05, 2015 | 0 Comments

A couple of days ago, a school employee was accused of going through girls' cellphones without permission. The man was using girls' cellphones to find inappropriate pictures and videos. Afterwards, he used what he found to sexually harass the students whose cellphones he looked through. In some cases, he was even watching videos and looking at explicit pictures and cartoons in front of students. As a result of the situation, he faces charges of Invasion of Privacy for Sexual Gratification. One of our attorneys spoke with Fox 31 News about this sexual gratification case.

Invasion of Privacy for Sexual Gratification in Colorado

The definition of Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6 in Jefferson and Adams County 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.”

“Photograph” in this description is defined as a photograph, motion picture, videotape, live feed, print, negative, slide or other mechanically, electronically, or chemically produced or reproduced visual material. This man was accused of observing both photographs and videos, which included explicit content. Because he is accused of observing inappropriate material, it is likely he will face this charge. And, since he acted without the students' permission, it's likely that they had an expectation of privacy.

Denver Consequences for Invasion of Privacy for Sexual Gratification

Invasion of Privacy is normally a class 1 misdemeanor and an extraordinary risk crime, but it is a class 6 felony and an extraordinary risk crime if:

  • Someone has prior convictions of the same charge, or
  • Someone observes or takes a photograph of the intimate parts of a child under fifteen years of age.
Misdemeanor Invasion of Privacy for Sexual Gratification in Douglas County and Across Colorado
Class Minimum Penalty Maximum Penalty
1 6 months in the Douglas County Jail and a $500 fine 18 months in jail and a $5,000 fine
1 (Extraordinary Risk) 6 months in Douglas County Jail and a $500 fine 24 months in jail and a $5,000 fine
Felony Invasion of Privacy for Sexual Gratification in Arapahoe County and Across Colorado
Class Minimum Penalty Maximum Penalty
6 1 year in the Department of Corrections and a $1,000 fine 18 months in prison and a $100,000 fine
6 (Extraordinary Risk) 1 year in the Department of Corrections and a $1,000 fine 2 years in prison and a $100,000 fine

Why You Need the Best Denver Criminal Defense Lawyers

Invasion of Privacy for Sexual Gratification is a sexual offense in Colorado, which means that someone convicted would have to register as a sex offender and obey the harsh treatment rules of the Sex Offender Management Board. Though there are serious consequences for this crime, it is defensible. In many cases you can be set free from Invasion of Privacy charges against you if you remain silent and involve an experienced defense attorney early on.

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 for a free consultation at 303-830-0880. Together, we can protect your future.

Image Courtesy of fantasista / FreeDigitalPhotos.net

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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