C.R.S. § 18-7-801 – Criminal Invasion of Privacy – Colorado Law

Colorado Revised Statute § 18-7-801 C.R.S. prohibits criminal invasion of privacy, which is observing or taking pictures of a person’s intimate body parts without their consent. This class 2 misdemeanor carries:

• up to 120 days in jail and/or
• a fine of up to $750.

You can also be sued by the alleged victim for civil invasion of privacy, which can lead to hefty compensatory damages. This is true whether or not you are criminally charged.

In this article, our Denver criminal defense lawyers will address the following key issues regarding criminal invasion of privacy in Colorado law:

• 1. Elements of C.R.S. 18-7-801
• 2. Prohibited Images
• 3. Immigration Consequences
• 4. Sex Offender Registration
• 5. Civil Invasion of Privacy
• 6. Related Offenses
• Frequently Asked Questions
• Additional Resources

1. Elements of C.R.S. 18-7-801

For you to be convicted of criminal invasion of privacy in Colorado, prosecutors have the burden to prove beyond a reasonable doubt that:

1. you knowingly observed or took a photograph of another person’s intimate parts, and
2. that person did not give consent.

This crime involves situations where the person who is observed or photographed has a reasonable expectation of privacy such as a dressing room, restroom, or locker room. It would not include a nude beach or a strip club.¹

“Intimate parts” include any person’s external:

• genitalia,
• perineum,
• anus,
• buttocks,
• pubic region, or
• breasts.²

You can also be charged with criminal invasion of privacy if you set up a camera to observe a person at a later time – even if you never get a chance to look at the images.

2. Prohibited Images

Taking photographs of a person’s intimate parts without consent is not limited to traditional photos.³ Under C.R.S. 18-7-801, photographs include:

• photographs
• motion pictures
• videotapes
• live deeds
• prints
• negatives
• slides; or
• other reproduced visual material.

3. Immigration Consequences

A conviction for invasion of privacy may have immigration consequences such as deportation depending on the circumstances. Therefore, if you are a non-citizens, be sure to retain an attorney as soon as possible to try to get the charge dismissed or reduced to a non-deportable offense. ⁴

Violating C.R.S. 18-7-801 is a class 2 misdemeanor.

4. Sex Offender Registration

A conviction for invasion of privacy does not trigger a requirement to register as a sex offender in Colorado. However, you do have to register if you are convicted of the separate offense of invasion of privacy for sexual gratification (C.R.S. 18-3-405.6).

Invasion of privacy for sexual gratification is a class 1 misdemeanor; however, it is a class 6 felony if you have a prior conviction or if the photography was of a person under the age of 15.⁵

5. Civil Invasion of Privacy

Invasion of privacy is not only a crime but also a civil “cause of action.” If you lose your lawsuit, you are typically ordered to pay money damages to the plaintiff (victim). Unlike criminal courts, civil courts cannot impose jail time.

Colorado recognizes two separate civil invasion of privacy causes of action:

1. Disclosure, which is unreasonable publicizing of another person’s private life without their consent; and
2. Appropriation, which is using another person’s name or likeness without permission.

Colorado’s civil invasion of privacy claims bear little resemblance to criminal invasion of privacy. The civil claims do not necessarily require that you take intimate pictures without the subject’s consent.

In order to win a civil invasion of privacy lawsuit, the plaintiff (victim) would need to prove that you are liable by a preponderance of the evidence. This is a much lower standard than in criminal court, where prosecutors must prove guilt beyond a reasonable doubt.

Potential defenses to civil invasion of privacy claims are that:

• you were protected by the First Amendment,
• the plaintiff did not have a reasonable expectation of privacy, and/or
• you were was reporting news or giving a commentary.⁶

6. Related Offenses

Indecent Exposure C.R.S. 18-7-302

Exposing your genitals to another person is considered indecent exposure and a violation of Colorado law. Masturbating in public is also considered indecent exposure. Indecent exposure is a class 1 misdemeanor in Colorado and can result in up to 364 days in jail and/or a $1,000 fine. A conviction for indecent exposure may also require you to register as a sex offender.

Public Indecency C.R.S. 18-7-302

Exposing your intimate body parts, having sex in public, or exposing your genitals to offend another person is a violation of Colorado’s public indecency statute. Public indecency is a petty offense. A conviction for public indecency could result in up to 10 days in jail and a fine of up to $300.

Lewd Conduct C.R.S. 18-7-301

Lewd conduct involves exposing your genitals, having sex in public or masturbating in public, or fondling another person is a violation of Colorado’s public indecency and indecent exposure laws. The penalties for lewd conduct depend on whether the conduct is charged as public indecency or indecent exposure.

Criminal Trespass C.R.S. 18-4-502

You commit criminal trespass when you unlawfully enter or remain on someone else’s property. Trespass can be in the first, second or third degree, depending on the type of property involved, and your reason for entering or remaining on the property. Penalties for criminal trespass in Colorado range from as little as a fine and probation to as much as three years in prison and a $100,000 fine.

In Colorado, taking pictures of a person’s intimate body parts without their consent is criminal invasion of privacy.

Frequently Asked Questions

Is invasion of privacy a felony in Colorado?

No. Basic criminal invasion of privacy is a class 2 misdemeanor, punishable by up to 120 days in jail and/or up to $750 in fines. However, more serious charges may apply if the conduct was for sexual gratification or involved a minor.

Do I have to actually view the recording to be charged?

No. You can be charged even if you never looked at the recording. Knowingly placing or using a hidden camera or recording device without consent can be enough to violate the law.

Does the victim have to be completely nude?

No. The law applies if someone observes or photographs another person’s intimate parts, even if partially covered by underwear or clothing, as long as the person had a reasonable expectation of privacy.

Can I be charged if I record someone in a public place?

Usually no. The law applies only when the person had a reasonable expectation of privacy, such as in a bathroom, dressing room, or bedroom. Recording someone in plain view in a public place generally is not criminal invasion of privacy.

Additional Resources

For more information, refer to the following:

• Colorado Sex Offender Registration Unit – The state office that oversees the registration and tracking of sex offenders.
• Colorado Bureau of Investigation (CBI) – The state agency that provides forensic, investigative, and criminal justice support to law enforcement.
• Colorado Department of Corrections – The state agency responsible for managing prisons and supervising parolees.
• Colorado Sex Offender Management Board – The regulatory body that sets treatment and supervision standards for sex offenders.
• Colorado Department of Public Safety – The agency that coordinates law enforcement, emergency response, and criminal justice services.
• Colorado Office of Community Corrections – The state agency that oversees alternatives to incarceration, such as halfway houses and reentry programs.

Legal References