Colorado Sex Crime Attorney Blog

Denver Sex Crime of Invasion of Privacy | A Drone Reputation Gone Awry

Posted by Kyle B. Sawyer | Aug 19, 2015 | 0 Comments

Learn about the sex crime of Invasion of Privacy in Colorado.
Image Credit: Pixabay – succo

Invasion of Privacy for Sexual Gratification crimes crop up consistently in the Denver area. In many cases, the frequency is attributed to technology. In fact, I read a story today about an invasion of privacy concern regarding a drone. A drone is an unmanned aircraft, which can carry a camera. It's controlled by a computer or a remote control. In the story I read, a woman was sunbathing topless on her private balcony when she noticed a drone above her. She claimed the drone was hovering above her for 10 seconds, and then left. However, when it came back a second time, it stayed for 30 seconds. The woman believed it was spying on her and felt it was an invasion of her privacy. She looked around her residence to find the drone operator, but couldn't locate anyone. If the drone operator was spying on this woman, would he / she face charges of Invasion of Privacy for Sexual Gratification? Let's read on.

What is Invasion of Privacy for Sexual Gratification in Denver?

Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6, is charged when someone knowingly observes or photographs another person's intimate parts without permission, in a situation when that person expects privacy. In Denver and Arapahoe County, this conduct routinely occurs for the observer's sexual pleasure. If the drone operator truly was observing the woman for sexual pleasure (taking photos of her topless without her permission), it's possible he could face Invasion of Privacy for Sexual Gratification charges. Invasion of Privacy for Sexual Gratification is normally a class 1 misdemeanor and an extraordinary risk crime. If someone was previously convicted of the same charge of Invasion of Privacy, it's a class 6 felony extraordinary risk crime. It's also a class 6 felony extraordinary risk crime if someone photographs or observes the intimate parts of someone under the age of fifteen years. We feel this crime is classified far too strictly. Did you know it is classified the same as if a person sexually grabbed another person? Our legislature should distinguish between this much less invasive offense. Instead, they cave in to support special interest groups who want us all in jail.

Invasion of Privacy Claims Are Sometimes Unreasonable in Colorado

People's intentions are often misinterpreted in an Invasion of Privacy case.

Invasion of Privacy for Sexual Gratification claims are sometimes unreasonable in Adams County and across Colorado. For example, the drone operator may not have even been watching the woman at all and she completely misinterpreted the situation. And, while she expected privacy, sunbathing nude isn't always private. This isn't the only case where intent may have been misinterpreted and claims can be unreasonable in an Invasion of Privacy case. There are many other cases where people face harsh consequences as a result of false claims.

Prosecutors Have to Prove the “Knowing” Element of the Crime

Convictions of Invasion of Privacy for Sexual Gratification require proof. A prosecutor in Jefferson or Denver County has to prove the “knowing” element of this sex crime, as well as sexual gratification. If the sexual gratification element can't be proven, a defense attorney can lessen the charges to Criminal Invasion of Privacy, C.R.S. 18-7-801. This is a similar crime to Invasion of Privacy for Sexual Gratification, but it's a class 2 misdemeanor and not a sex crime. In other cases, your lawyer should be able to have the case dismissed completely. Never plead guilty to any offense if the government can't prove all the elements against you.

Why You Need a Denver Invasion of Privacy for Sexual Pleasure Lawyer

Invasion of Privacy for Sexual Gratification is a sex offense in Denver and across Colorado. If convicted of this sex crime, sex offender registration and sex offender treatment are required. You need an expert sex crimes defense attorney on your side if you're facing accusations or charges for this harsh sexual crime. We will study your case thoroughly to present a solid defense before a judge or jury. Contact our criminal defense lawyers today.

Request a Free Consultation

If contacted by police regarding Invasion of Privacy for Sexual Gratification charges, exercise your right to remain silent and call the best criminal charges defense attorneys at the O'Malley Law Office at 303-830-0880, or submit the “Get Help Now” form. 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.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment