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Colorado’s Invasion of Privacy Laws

In 2010 the State of Colorado created a new law and amended an old one dealing with the crime of Inivasion of Privacy.

Here is the law – it is simple and direct so there is no need for a who lot of anlaysis.

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.

SECTION 3. 18-7-801, Colorado Revised Statutes, is amended to read:

18-7-801. Criminal invasion of privacy.

(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


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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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