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C.R.S. 18-3-405.6. Invasion of Privacy for Sexual Gratification

(1) 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.

(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), invasion of privacy for sexual gratification is a class 1 misdemeanor and is an extraordinary risk crime subject to the modified sentencing range specified in section 18-1.3-501 (3).

(b) Invasion of privacy for sexual gratification is a class 6 felony and is an extraordinary risk crime subject to the modified sentencing range specified in section 18-1.3-401 (10) if either of the following circumstances exist:

(I) The offense is committed subsequent to a prior conviction, as defined in section 16-22-102 (3), C.R.S., for unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S.; or

(II) The person observes or takes a photograph of the intimate parts of a person under fifteen years of age. This subparagraph (II) shall not apply if the defendant is less than four years older than the person observed or photographed.

(3) For purposes of this section, “photograph” includes a photograph, motion picture, videotape, live feed, print, negative, slide, or other mechanically, electronically, or chemically produced or reproduced visual material.

Editor’s note: This section is effective July 1, 2012.

Senate Bill 10-128 which will make it a felony crime to spy on unsuspecting citizens for sexual gratification if the perpetrator is a convicted sex offender or if the victim is under the age of 18.  The committee passed SB 128 by a vote of 6-1. 

Under current law such crimes can be classified as a misdemeanor, not a felony. Surprisingly, the law comes down tougher on audio recording, which can constitute a felony act.  Senate Bill 128 seeks to correct this inequity by “flipping” the penalties for these two crimes and toughen up on these offenders.

The problem with the existing system came to light after an incident that happened in Arapahoe County. A man in a hotel room drilled a hole through the wall and set up a camera to watch the occupants in the next room, who happened to be a family with two young girls. Under current law this severe invasion of privacy was considered a misdemeanor and prosecutors had no choice but charge this man with a relatively minor crime.

This bill also added a technological update so that capturing a “live feed” of an individual constitutes a crime, while current prosecution would require an actual photograph or video recording.  The committee added amendments to: have the felony provision not apply if juveniles under 15 who are observed by someone less than 4 years older.


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___________________________
H. Michael Steinberg Esq.
Attorney and Counselor at Law
The Colorado Criminal Defense Law Firm of H. Michael Steinberg
A Denver, Colorado Lawyer Focused Exclusively On
Colorado Criminal Law For Over 30 Years.
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