Fort Collins Invasion of Privacy Attorney
Can You Record Someone Without Their Consent in Colorado?

Can you record someone without their consent in Colorado? A Fort Collins defense attorney explains.

In Fort Collins and Larimer County, there are two criminal charges related to invading someone’s privacy: Criminal Invasion of Privacy and Invasion of Privacy for Sexual Gratification. We often see questions related to whether a person can record someone without their consent and if that is invasion of privacy. The truth is, it really depends on the situation. Whether it be through a ring camera, cell phone, or nanny cam, there are situations where you must get permission to record or you may face criminal charges. Let’s take a look at the specifics of each crime and what determines what situation a recording would be invading someone’s privacy.

Larimer County Criminal Invasion of Privacy Lawyer: Definition of Criminal Invasion of Privacy in Colorado

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.

Under Colorado law, ‘intimate parts’ is defined as:

the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.

The biggest issue here is the reasonable expectation of privacy. If you have a camera recording someone in a bathroom, a dressing room, or even a bedroom, there would be an argument that these locations would have a reasonable expectation of privacy attached to them.

Invasion of Privacy for Sexual Gratification in Loveland and Estes Park, Colorado: Record Someone without Consent?

The Larimer County, Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 – is:

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 you can see, this law is extremely similar to Criminal Invasion of Privacy – with the added element of the sexual purpose. Again, it matters where you are taking the video with that reasonable expectation of privacy.


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 970-658-0007 to schedule a free initial consultation. We also practice in Greeley and Weld County. Click here to visit our Weld County website. Together, we can protect your future.

Photo by Anete Lusina