A man from Longmont, Colorado has been arrested and charged with Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6. According to reports, the man was caught standing in the bushes outside a toddler's room. A few minutes later, the police caught up with the man and arrested him. This is a relatively new offense in Denver, Adams and Jefferson County. It went into effect July 1, 2012.

What is Invasion of Privacy for Sexual Gratification?

This offense is charged whenever a person “knowingly observes or takes a photograph of another person's intimate parts without that person's consent…for the purpose of the observer's sexual gratification,” in a situation where the alleged victim has a “reasonable expectation of privacy.” This offense is similar to Criminal Invasion of Privacy, but the additional element of sexual gratification must be present in order to be charged with the sex offense of Invasion of Privacy for Sexual Gratification. In order for the District Attorney to convict someone of this offense, they must prove that the observation was for the purpose of sexual gratification (or that photographs, video, or other visual material were obtained for this purpose).

Conviction of Sex Offenders and the Court System

Unfortunately, District Attorney's, police officers, and judges get kudos and pats on the back if they put “evil sex offenders” behind bars. This doesn't lend itself to justice. If the prosecution in Arapahoe, Larimer, or Douglas County is focused on getting promotions and adulation instead of searching for the truth, innocent people go to prison. We aren't involved in the Longmont man's case, but he has been charged with the sex offense labeled Invasion of Privacy for Sexual Gratification. If he is convicted of this offense, he will be required to register as a sex offender and undergo harsh sex offender treatment overseen by the Sex Offender Management Board (SOMB). The SOMB is the harsh and unyielding force behind treatment programs in Colorado (read more about the harsh, one-size-fits-all beliefs of the SOMB).

Why You Need an Experienced Criminal Defense Attorney

This offense is usually a class 1 misdemeanor, but it is considered to an extraordinary risk crime, so the sentence is harsher. A person who is convicted of misdemeanor Invasion of Privacy for Sexual Gratification could face up to 2 years in jail. If a person is convicted of a second offense of Invasion of Privacy for Sexual Gratification, or, if the alleged victim in the case was under the age of fifteen and the observer is more than four years older than the alleged victim, it is a class 6 felony. Because it is also considered to be an extraordinary risk crime, a person who is convicted of this sex offense could spend up to 2 years in the Colorado Department of Corrections if convicted of the felony. Both the misdemeanor and the felony offense require registration as a sex offender and treatment. Because of this, if you have been charged with Invasion of Privacy for Sexual Gratification, don't hesitate to contact an experienced criminal lawyer who can stand by your side and fight for your future.

Request a Free Consultation

If you or a loved one has been contacted by Lakewood, Arvada, or Littleton police regarding charges of Invasion of Privacy for Sexual Gratification, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office at 303-830-0880, or submit the “Get Help Now” form. Together, we can protect your future.

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