Our top Fort Collins criminal defense lawyers advise that you can be charged with one of two of Colorado’s Invasion of Privacy offenses if you take photos of another’s intimate parts without his consent. Criminal Invasion of Privacy and Invasion of Privacy for Sexual Gratification are both charged when a person observes or takes a photo of another’s intimate parts without consent. In addition, these crimes are charged when the photo or observation took place in a setting where the person had a reasonable expectation of privacy. Below, our top criminal defense lawyers discuss Colorado’s Invasion of Privacy laws:
1. Definition of Criminal Invasion of Privacy, C.R.S. 18-7-801 at the Larimer County Courts
The Larimer County Courts recognize the definition of Criminal Invasion of Privacy, C.R.S. 18-7-801, as follows:
This offense is charged whenever a person observes or takes a photo of another’s intimate parts when that person should have a reasonable expectation of privacy. This means that the person being photographed or observed is in a bedroom, bathroom, locker room, or similar space where she can reasonably expect to not be watched or photographed.
2. Colorado’s Law on Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6 in Fort Collins
Invasion of Privacy for Sexual Gratification, C.R.S. 18-3-405.6, is a similar charge to Criminal Invasion in Fort Collins. Colorado’s law on Invasion of Privacy for Sexual Gratification is as follows:
The difference between this crime and Criminal Invasion of Privacy is that this offense is charged when a person photographs another for his own sexual gratification. By contrast, an act of Criminal Invasion may be committed for any reason other than sexual arousal. For example, he may take the photo of the other person with the intent to later post the picture online as an act of “revenge porn.”
3. What are “Intimate Parts” in Loveland and Estes Park?
Both Criminal Invasion and Invasion of Privacy for Sexual Gratification are charged in Loveland and Estes Park for photographing another’s intimate parts without consent. “Intimate parts” are defined under C.R.S. 18-3-401 as “the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of any person.” In other words, photographing or observing another person who is partially or fully nude will result in criminal charges if the act took place in a space where the person has a reasonable expectation of privacy.
Note that because of these definitions, it is not a crime to photograph or observe a person who:
- Is topless in public, or
- Provided consent to observe or photograph him.
4. Penalties for Privacy Invasions at the Larimer County Courts
Penalties for an act of privacy invasion at the Larimer County Courts vary, depending on the intent and other factors. See the outline below for a comparison of penalties for Criminal Invasion vs. Invasion of Privacy for Sexual Gratification:
Offense / Circumstances |
Classification |
Penalties |
| Criminal Invasion of Privacy | Class 2 misdemeanor / M2 |
|
| Invasion of Privacy for Sexual Gratification not committed under the circumstances outlined below | Class 1 misdemeanor / M1 |
|
Invasion of Privacy for Sexual Gratification committed under one of the following circumstances:
|
Class 6 felony / F6 + extraordinary risk crime |
|
At the judge’s discretion, the defendant may also be required to undergo sex offender treatment, particularly for a conviction of Invasion of Privacy for Sexual Gratification.
If you have been accused of invading another’s personal privacy, you need a top criminal defense lawyer as soon as possible. First, remember to be smart, and exercise your right to stay silent – talking to the Fort Collins Police will only hurt your case. Then call 970-658-0007 to talk to one of our top criminal defense lawyers about your charges today. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Soubhagya Das