Invasion of Privacy for Sexual Gratification is charged in Arapahoe and Douglas County when a person takes photos of someone's intimate parts without their permission. A man was recently arrested after he was caught taking upskirt photos of women in Target. According to the report, the man had his camera mode and began following a 15-year-old wearing a skirt around the store. The girl's father intervened and pushed the man down, kicking his phone away from him. The man was able to get away, but was later caught and arrested. If this had occurred in Denver, the man would be facing Invasion of Privacy for Sexual Gratification charges, a sex offense in Colorado.

Douglas County Invasion of Privacy Attorney: Upskirt Photos and Invasion of Privacy for Sexual Gratification

The Douglas County, Colorado law 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, for the purpose of the observer's own sexual gratification, commits unlawful invasion of privacy for sexual gratification.

The important elements involved in this crime are:

1. Observing or photographing intimate parts;
2. Without the person's consent;
3. In a place where the person has a reasonable expectation of privacy;
4. For sexual gratification.

If any of those elements are not present, then Invasion of Privacy for Sexual Gratification does not apply. The most difficult part to prove is a person's intent – the sexual gratification piece.

Sentence for Invasion of Privacy for Sexual Gratification in Adams and Jefferson County

Invasion of Privacy for Sexual Gratification is a class 1 misdemeanor extraordinary risk crime, punishable by 6 to 24 months in the Adams County Jail and a period of registering a sex offender.   However, if the person has a prior conviction for unlawful sexual behavior or the person photographer was under the age of 15, then it is a class 6 felony extraordinary risk crime, punishable by 1 to 2 years in the Colorado Department of Corrections. Because the girl was 15, the man would likely be facing the misdemeanor charge, as long as he didn't have anything else on his record.

If you or someone you love 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 from the O'Malley Law Office at 303-830-0880 to schedule a free consultation. Together, we can protect your future.

Image Source: Pixabay-ptksgc