Fort Collins Criminal Invasion of Privacy Vs. Invasion of Privacy for Sexual Gratification: What’s the Difference in Larimer County?

Click here to read more about the difference between Criminal Invasion of Privacy and Invasion of Privacy for Sexual Gratification charges in Colorado.

When it comes to Invasion of Privacy allegations in Fort Collins and Larimer County, it is one of two crimes that is usually charged: Criminal Invasion of Privacy and Invasion of Privacy for Sexual Gratification. The ONLY difference between these two crimes? Intent. If the DA thinks that they can prove there was a sexual intent behind the violation of someone’s privacy, then they will ALWAYS charge the sex offense. Let’s be real here, most people assume that if someone is peeping on another, it’s for sexual purposes.

Colorado Law Definition of Invasion of Privacy Crimes in Larimer County

The Larimer County, Colorado law definition of Criminal Invasion of Privacy – C.R.S. 18-7-801 – is:

A person who knowingly observes or takes a photograph of another person’s intimate parts, as defined in section 18-3-401 (2), without that person’s consent, in a situation where the person observed or photographed has a reasonable expectation of privacy, commits criminal invasion of privacy.

Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 – is defined as:

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.

Comparing Criminal Invasion of Privacy and Invasion of Privacy for Sexual Gratification

Below is a chart that outlines the elements of each crime:

Crime Act Permission Where Intent
Criminal Invasion of Privacy Observes or photographs a person’s intimate parts Without the person’s permission Where the person has a reasonable expectation of privacy (no sexual intent required)
Invasion of Privacy for Sexual Gratification Observes or photographs a person’s intimate parts Without the person’s permission Where the person has a reasonable expectation of privacy For the purpose of the observer’s own sexual gratification

So, as you can see, the only difference is intent. And how do you prove that? How do you prove or disprove what someone was thinking when they decided to do something? It’s a difficult task for sure and with the way the world is today, most people will automatically assume there was a sexual intent.


If you or someone you love has been charged with an Invasion of Privacy crime, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule your free initial consultation. Together, we can protect your future.