Colorado Law re "Invasion of Privacy for Sexual Gratification"
(Colorado 18-3-405.6 CRS)

Is it a crime in Colorado to take a nude photo of someone without their knowledge?

Section 18-3-405.6 of the Colorado Revised Statutes (C.R.S.) prohibits taking intimate photos of people without their consent. This Colorado crime is known as "invasion of privacy for sexual gratification."

Invasion of privacy for sexual gratification is considered a Colorado “extraordinary risk” crime. As a result, sentences are 6 months longer than other crimes in the same class.

In addition, if you invade someone's privacy for sexual gratification, you will be required to register as a Colorado sex offender.

To help you better understand Colorado's invasion of privacy for sexual gratification law, our Colorado criminal defense attorneys discuss the following, below:

1. What is invasion of privacy for sexual gratification?

18-3-405.6 (1) C.R.S. provides:

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.

1.1. What counts as a “photograph”?

For purposes of 18-3-405.6 (1) C.R.S., “photograph” includes a photograph, motion picture, videotape, live feed, print, negative, slide, or other mechanically, electronically, or chemically produced or reproduced visual material.

2. Punishment for invasion of privacy for sexual gratification

2.1. Misdemeanor invasion of privacy penalties

Invasion of privacy for sexual gratification is usually a Colorado class 1 misdemeanor. It is also considered a Colorado “extraordinary risk” crime. As such, the maximum sentence is 6 months longer than other Colorado class 1 misdemeanors.

Misdemeanor penalties for invasion of privacy for sexual gratification can include:

  • 6 - 24 months in jail, and/or
  • A fine of $500-$5,000.

2.2. Felony invasion of privacy penalties

Invasion of privacy for sexual gratification becomes a Colorado class 6 felony when:

  • You have a prior conviction for any unlawful sexual behavior, or
  • The person you photograph is under the age of 15 and at least 4 years younger than you.

Since the invasion of privacy for sexual gratification is an extraordinary risk crime, consequences of a felony conviction for invasion of privacy can include:

  • 1 – 2 years in prison, and/or
  • A fine of $1,000-$100,000.

2.3. Colorado sex offender registration

If you are convicted of (or plead guilty or no contest to) invasion of privacy for sexual gratification, you will be required to register as a Colorado sex offender. If you have no subsequent sex offenses, you can petition the court to remove your name from the registry after:

  • 5 years from your release from parole (if you were convicted of misdemeanor invasion of privacy), or 
  • 10 years following parole (if you were convicted of felony invasion of privacy).

In addition, your name and information may be made available to the public if:

  • You were convicted of a felony, and 
  • You were at least 18 years old when the offense was committed or you were tried as an adult.

3. Defenses to Colorado invasion of privacy for sexual gratification

Some of the most common defenses to 18-3-405.6 C.R.S. invasion of privacy for sexual gratification include (but are not limited to):

  • You didn't take the photo.
  • The alleged victim consented to the photo,
  • The alleged victim had no reasonable expectation of privacy when and where the photo was taken,
  • The photo wasn't for the purpose of sexual gratification, or
  • The photo was seized during an illegal search.

Call us for help…

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Our Colorado criminal defense lawyers understand that merely possessing a nude photograph of someone does not automatically make you a criminal.

Before you can be found guilty of invading someone's privacy for sexual gratification, the prosecutor must prove your intent. This can be difficult to do.

We know how stressful being charged with a sex offense can be. But you don't have to fight the charges alone.

Contact us for a free consultation to find out how we can fight to preserve your good name and keep you out of jail. We represent clients throughout the state of Colorado.

For the fastest response, fill out the convenient form on this page. Or contact our Denver sex crimes lawyers at:

Colorado Legal Defense Group
1400 16th Street ste. 400
16 Market Square
Denver CO 80202
(303) 222-0330

Arrested in California? See our article about the California crime of criminal invasion of privacy (Penal Code 647(j)).

Arrested in Nevada? See our article about the Nevada crime of capturing the image of another's private area (NRS 200.604).

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