Voyeurism
The act of watching and potentially recording a person for sexual gratification is a gross invasion of privacy, and is classified under Colorado’s sexual crimes laws under CRS § 18-3-405.6.
Voyeurism is considered an extraordinary risk crime and is a class 6 felony or a class 1 misdemeanor. In the following article, we’ll go over how the state defines Voyeurism, its penalties and common defenses.
Denver Voyeurism Defense Attorney
The crime of voyeurism is a serious one. From felony convictions to sex offender registry, recording another person at their most vulnerable is considered an extraordinary risk crime under state law. However, there are cases where you may have the right to record or where the capture of a person’s private moments are unintentional. For some law enforcement officers, this may not matter, and you may find yourself facing felony high misdemeanor or felony charges.
If that is the case, then you need a strong criminal defense attorney. The Law Office of Matthew Martin is prepared to provide full-service legal representation for clients accused of sex and invasion of privacy crimes, including voyeurism.
Call (303) 725-0017 to set up your first consultation free of charge.
Information Center
- What is Voyeurism?
- Intimate Parts, Defined
- Penalties Under Colorado Law
- Common Defenses for Voyeurism
- Additional Resources
- Hire a Voyeurism Criminal Defense Attorney in Denver, Colorado
What is Voyeurism
The state defines voyeurism as the invasion of privacy for sexual gratification.
Voyeurism is a class 1 misdemeanor, and may involve actions such as looking into a person’s window, hotel room and can include actions like peering into someone’s home or secretly watching someone undress.
Voyeurism may also include capturing images or videos of someone in a private context where they have a reasonable expectation of privacy, such as in their home. “Image capture” may include hidden cameras in a hotel room or a person recording from the street or another building.
If the subject is a person under 15 years of age, then the crime is treated as a Class 6 Felony.
Private Parts
Intimate parts include the external
- genitalia,
- perineum,
- anus,
- buttocks,
- pubic region, or
- breasts of any person
Penalties
While Class 6 Felonies are typically defined under Colorado’s penal statutes, the state also provides alternative sentencing requirements for “extraordinary risk” laws, which voyeurism falls under.
These laws, and voyeurism, and punishable by:
- 1-2 years imprisonment and/or
- $1,000 in fines
In addition, these crimes require 1 year of mandatory parole and placement on the sex offender registry.
Defenses
While many voyeurism cases are fairly straightforward, there are some instances in which there may be confusion as to whether you have the legal right to record.
- Lack of Intent: In some cases, the recording of a person’s privates may be unintentional. This may happen if you take a wide photo of a car lot or cityscape; in this photo you may see a person changing in a car or apartment. The person changing was not intended to be captured and may press charges if they do not understand your intent.
- Reasonable Expectation of Privacy: People have a reasonable expectation to privacy in their own homes, and less so in their cars. Under state law, you have the right to record any person in public, so long as you are on public property (i. e., the sidewalk). If you happen to capture a wardrobe malfunction, a flashing or streaking, or some exposure of a person’s private areas in a public place, then you are not liable under state voyeurism laws. Similarly, some places like strip clubs and nude beaches, may not have the same expectation. These does not apply to people under the age of 15 as it is always illegal to record a minor’s private parts.
Generally, the defenses against voyeurism charges stem from the first amendment. Your right to record and view members of the public is extensible, but not exhaustive. The best practice after an encounter where you have been accused of voyeurism is to not delete the photo or video and contact an attorney.
Resources
Invasion of Privacy – View the state’s definition of invasion of privacy to understand the laws surrounding voyeurism.
Can Someone Take My Photo Without Permission? – This FindLaw article provides more examples on when photography might be legal or illegal to provide more context to Colorado’s privacy laws.
Hire a Voyeurism Criminal Defense Attorney in Denver, Colorado
Call (303) 725-0017 to set up your first consultation free of charge.
Matthew Martin accepts clients throughout the greater Denver area including Jefferson County, Douglas County, Arapahoe County, Broomfield County, Adams County, and Boulder County.