Harassment is not a sex offense in Denver, Aurora, and Castle Rock, but if you admit to a sexual factual basis – any crime can require registration. That's what happened with a hidden camera case in Grand Junction. The man was originally charged with multiple counts of Invasion of Privacy for Sexual Gratification for secretly recording the victim in the restroom of his business. The victim found the camera and reported it. Upon investigation, videos were found and the man was formally charged. As a resolution, the man agreed to plead to the class 3 misdemeanor Harassment – but admitting that there was unlawful sexual behavior involved. Let's look at the reasoning behind this type of plea agreement when it comes to sexual offenses.
Sexual Factual Basis on a Non-Sex Plea of Harassment: Why Would Someone Agree to This in Douglas or Arapahoe County?
Usually, when someone is facing a sex offense conviction, they are looking at the following issues:
- Registering as a sex offender;
- Completing sex offender treatment;
- Restrictive supervision through probation or parole;
- Having a sex offense on their record; and
- Indeterminate sentence to prison or probation (for certain sex offenses)
By pleading to a non-sex offense like Harassment, but admitting to the sexual behavior, you can avoid many of these issues. The man above will have a low-level misdemeanor on his record instead of a sex offense, which is much less damaging. He will likely not have to complete the same type of supervision while on probation, because his conviction is for a non-sex plea. It does give something to the DA and victim, though, because there is still the registration requirement.
Adams County Invasion of Privacy for Sexual Gratification Lawyer: Definition of Invasion of Privacy in Jefferson County
The Jefferson and Adams County, Colorado law definition of Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 – is:(1) 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.
As a class 1 misdemeanor extraordinary risk crime, Invasion of Privacy for Sexual Gratification is punishable by 6 to 24 months in the Adams County Jail.
If you or someone you love has been charged with Invasion of Privacy, 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 today. Together, we can protect your future.
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