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In 2010 Colorado increased the punishment for so called Invasion of Privcy Peeping Tom laws.
The legislator who drafted the bill stated “Few things can make people feel more violated than when they find out someone was spying on them when they thought they were in a private place,” “Peeping is a serious crime, and now it will have serious consequences.
The law prohibits watching someone or taking an image of someone, for sexual gratification and without their consent. It is now a crime to do so using “photography, motion picture, videotape, live feed, print, negative, slide, or other mechanically, electronically, or chemically produced or reproduced visual material.”
The bill also increased the penalty for the crime of invasion of privacy for sexual gratification to a felony from a misdemeanor, if committed by someone who has previously been convicted of a sexual offense or if the victim is a child or a teen.
Here is a reprint of the laws that apply to this situation.
Peeping Toms can be charged and prosecuted under two different laws because there are TWO KINDS of Invasion Of Privacy:
(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.
(1) 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.
(2) Criminal invasion of privacy is a class 2 misdemeanor.
(3) For the purposes of this section, “photograph” includes a photograph, motion picture, videotape, live feed, print, negative, slide, or other mechanically, electronically, digitally, or chemically reproduced visual material.
A “Peeping Tom” is a person (usually a man) who secretly watches the occupants of a house, room, or other private place, especially through the windows at night, for sexual gratification purposes. The term itself stems from a reference in history… Peeping Tom refers to the man who watched Lady Godiva riding nude through the streets in Coventry, England and was, according to the legend, struck blind.
Peeping Tom laws generally make it a crime to view and/or photograph or film a person without his or her consent.
Here is what is required:
1.That the victim did not realize he or she was being viewed;
2.That the victim was fully or partially naked, and
3.That the viewing took place at a place where the victim had a reasonable expectation of privacy.
“Reasonable expectation of privacy” is a term borrowed from constitutional law, which requires that the police obtain a search warrant if they wish to conduct a search in a place where you would have a reasonable expectation of privacy. While there is no exact definition of “reasonable expectation of privacy” basically, private homes, dressing rooms, tanning booths, college dormitory rooms, and restrooms are the sorts of places that are protected but not such places such as public beaches, parks and swimming pools are not.
Colorado Invasion of Privacy charges should be seriously and not ignored as minor.
If the offense was an innocent mistake, or the offender was ignorant of the law, (never a defense in a criminal case of course) a conviction can result in jail time – but more importantly for a young person – especially a college student …a permanent criminal record.
If you or someone you know is facing Peeping Tom charges consult with an experienced Colorado sex crimes defense attorney to learn all about your rights, defenses, and any and all available options. https://www.colorado-sex-crimes-lawyer.com/
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H. Michael Steinberg has been a Colorado criminal law specialist attorney for 30 years (as of 2012). For the First 13 years of his career, he was an Arapahoe – Douglas County District Attorney Senior prosecutor. In 1999 he formed his own law firm for the defense of Colorado criminal cases.
In addition to handling tens of thousands of cases in the trial courts of Colorado, he has written hundreds of articles regarding the practice of Colorado criminal law and frequently provides legal analysis on radio and television, appearing on the Fox News Channel, CNN and Various National and Local Newspapers and Radio Stations. Please call him at your convenience at 720-220-2277
If you have questions about Colorado Invasion of Privacy – Peeping Tom Laws in the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg will be pleased to answer those questions and to provides quality legal representation to those charged in Colorado adult and juvenile criminal matters.
In the Denver metropolitan area and throughout Colorado, attorney H. Michael Steinberg provides quality legal representation to those charged in Colorado adult and juvenile criminal matters.