What IS Invasion of Privacy for Sexual Gratification?

• Invasion of Privacy for Sexual Gratification is when a person knowingly observes or takes pictures or videos of another person’s intimate parts without their permission, and when the person being photographed has a reasonable expectation of privacy, and the actor uses the photographs for their own sexual gratification.

• Intimate parts include breasts, butt, or genitals (penis or vagina).

• Invasion of Privacy for Sexual Gratification is a Class 1 Misdemeanor, which carries a penalty of 24 months in jail and a fine of up to $5,000.

• Invasion of Privacy for Sexual Gratification can be charged as a Class 6 Felony if:

  • The actor already has a prior conviction for the same crime; or

  • The actor observes or photographs the intimate parts of a person under the age of 15 years old.

• If charged as a Class 6 Felony, Invasion of Privacy for Sexual Gratification carries a penalty of up to 2 years in the Department of Corrections, and a fine of up to $100,000.

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 subsection (2)(b) of this section, invasion of privacy for sexual gratification is a class 1 misdemeanor.

(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.