A student from Rutgers University is in the middle of a trial for charges that he spied on his roommate with a webcam and captured intimate encounters between the roommate and another person. The roommate committed suicide days after he realized what happened, and some believe that one of the contributing factors may have been the humiliation of being recorded and possibly viewed by others. If this had happened in Colorado counties like Denver, Jefferson, Arapahoe, Adams, Douglas, Larimer, or Weld, the student accused of setting up the camera could be charged with a sex crime. Unlawful Sexual Contact (CRS 18-3-404) is a sex crime in Colorado that means more than just unlawful physical contact. The crime is met when someone invades the privacy of another where an expectation of privacy exists. This usually occurs by viewing a person when they have the belief they are alone. A person can also commit this offense by touching someone inappropriately or in an unwelcome manner.

The Rutgers student set up the web camera to make sure there was no theft of anything in the room when the student was gone and his roommate had guests over. Instead of simple surveillance though, the student caught private encounters between his roommate and a guest because the two did not realize the webcam was on and believed they were in a private place.

The student who set up the camera is lucky he is not being charged with any sex crime charges, though he is dealing with many counts of other felony crimes. He can be thankful that none of those crimes require him to register as a sex offender, deal with SOMB regulations, indeterminate sentencing for prison or probation, and intensive probation supervision, which would happen if he were convicted of a sex crime like Unlawful Sexual Contact, Sexual Assault (CRS 18-3-402), or Indecent Exposure (CRS 18-7-301) in Colorado cities like Englewood, Aurora, Broomfield, Littleton, Highlands Ranch, Commerce City, or Arvada.

If you find yourself facing charges of Unlawful Sexual Contact that are similar to the Rutgers student or any other type of sex crime, be smart, exercise your right to remain silent, and call the experienced defense attorneys at the O'Malley Law Office at 303-830-0880. Together, we can protect your future.