Taking photos of another person’s intimate parts without their permission can be grounds for a charge of Invasion of Privacy, a Class 1 Misdemeanor and also a Sex Offense requiring registration as a sex offender. If you have been charged with Invasion of Privacy, it is of the utmost importance that you contact a criminal defense attorney in Denver, Colorado who is experienced with representing individuals charged with sex offenses and successfully resolving such cases.
Invasion of Privacy is committed where, for purposes of sexual gratification, one either watches another undress or takes photos of their intimate parts without their consent, in a place where the victim does not have an expectation of any such invasion of privacy.
A photo can be a photograph, webcam, video, or a live feed. A hidden camera or video recorder in a private place could create liability under this law.
Examples of places where a person would have a reasonable expectation of privacy would be a private home, dressing room, dorm room, a restroom, or even a tanning booth.
This crime is classified as an extraordinary risk crime, meaning that the maximum possible sentence to the county jail is two years, as opposed to the typical eighteen month maximum sentence on a class 1 misdemeanor.
Should the invasion of privacy not be for purposes of sexual gratification, the act is instead criminalized as Criminal Invasion of Privacy, which is a class 2 misdemeanor, and not classified as a sex crime. In determining whether to charge someone with Invasion of Privacy for Sexual Gratification or instead with Criminal Invasion of Privacy, a prosecutor or law enforcement officer will look at the facts and circumstances of he case to infer whether or not the invasion occurred for purposes of sexual gratification. In some cases such intent is obvious – as where a defendant is masturbating – and in others, it may be much less clear and therefore an aggressive criminal defense attorney may be able to assist you in avoiding a If the victim is under 18 or the defendant is already a convicted sex offender, then this offense becomes a felony.
To benefit from defense attorney Kimberly Diego’s vigorous attention to the law and commitment to clients, call 720.257.5346 for a free consultation or simply fill out the FREE CASE REVIEW form and a representative from the Law Office of Kimberly Diego will contact you as soon as possible.