Taking intimate photos or videos of someone without their knowledge is unlawful in Fort Collins and throughout Larimer County. People who commit acts like these are often referred to as “peeping toms.” However, with the abundance of video surveillance in our communities today, cameras may capture certain images or recordings of people in a state of undress. Many home owners install multiple cameras throughout their property as an act of protection and security. Knowing exactly where these items are pointed and how they react to motion is especially important, as picking up movement near your neighbor's window could be costly. Contact an experienced defense attorney if you're facing allegations of invasion of privacy for sexual gratification in Fort Collins.
Sexual Invasion of Privacy Specifics in Colorado
Violations of Colorado's invasion of privacy law are specific. However, with so many devices capable of taking pictures and video, a criminal charge is closer than one might think. C.R.S. 18-3-405.6 addresses these acts of voyeurism in Colorado. You commit invasion of privacy for sexual gratification in Fort Collins, Loveland, or Estes Park if you:
- knowingly observe or photograph someone's intimate parts without their permission,
- in a location where privacy is expected,
- for the purpose of sexual gratification
Locations where people typically have a reasonable expectation of privacy include their home, restrooms, retail changing rooms, and locker rooms. Where issues can arise include someone sunbathing in their backyard or undressing with their blinds / windows open. Another specific element of this crime addresses intimate parts. Pictures and videos that include a person's butt, pubes, breasts, or genitals are unlawful when taken without consent.
Is Invasion of Privacy for Sexual Gratification a Misdemeanor?
In some cases, invasion of privacy for sexual gratification is a class 1 misdemeanor. However, as an extraordinary risk crime, the penalties are higher than most class 1 misdemeanors. Conviction in Larimer County can include:
- up to 18 months in county jail,
- fines of up to $1,000,
- sex offender registration
There are two specific scenarios where invasion of privacy becomes a felony in Colorado:
- the defendant has a prior conviction for unlawful sexual behavior,
- OR the subject of the photos / video was under 15 and 4 or more years younger than the defendant
These elements elevate the charge to a class 6 felony, potentially leading to up to 2 years in the Colorado Department of Corrections, as well as fines of $1,000 – $100,000.
Fort Collins Sex Crime Lawyer
An accusation of invasion of privacy for sexual gratification in Fort Collins is a particularly serious claim. With strict penalties looming, consulting a skilled Fort Collins sex crime lawyer is vital. Perhaps you didn't take the photos, the location didn't include a reasonable expectation of privacy, or the images weren't for sexual gratification. Nevertheless, it's important that you contact our office for a free consultation. We will carefully look over your unique case, as well as recommend next steps in your defense. Our competitive fees and flexible payment plans make obtaining strategic representation a reality.
Don't talk to police about invasion of privacy - talk to us. 303-830-0880
Photo by Daniel von Appen