Can You Be Charged For Taking Pictures During Sex in CO?

When you are intimate with another person, you need consent to have that intimacy. But what does that consent entail? They have consented to be with you, but does that mean you can do whatever you want? Where do pictures and videos fit into this?

In Colorado, you can be charged with a crime if you take pictures of your partner during a sexual act. It’s called an invasion of privacy for sexual gratification, and it’s a sex crime in our state.

While this crime may induce images of someone peeping in on someone else who is not aware of it, this crime can also occur during consensual sex. That’s why it’s vital to understand this crime and how it can be charged – including what penalties can be faced if you are found guilty.

What Is Invasion of Privacy for Sexual Gratification under CO Law?

Invasion of privacy for sexual gratification is defined as knowingly photographing someone else’s intimate parts without their consent in a situation where that person has a reasonable expectation of privacy.

The main aspect of this crime to note is that it explicitly says it is illegal to take photos or view another person’s intimate parts – which is considered their breasts, buttocks, or genitals – for your own sexual gratification when they did not consent to it and believed they would have privacy.

How Do You Get Charged for Invasion of Privacy for Sexual Gratification?

A person can find themselves charged with this crime in a variety of circumstances. One example is if you are dating another person and engage in a sexual act at their home.

If you take pictures or videos with your phone in the middle of the act and that person has not told you it was okay to do so, they can come back later and report you to the police. The evidence that you committed the act is on your phone, so police may feel they have enough evidence to arrest you and charge you with the crime.

This is why it’s so important to have the consent of another before you ever take any photos or videos of the two of you engaged in a sex act. Otherwise, the law is on their side, because they likely had a reasonable expectation of privacy where the sex act occurred.

What Penalties Can Coloradans Face for Invasion of Privacy for Sexual Gratification?

If you are arrested and charged with invasion of privacy for sexual gratification in Colorado, you face the penalties for a Class 1 misdemeanor. That may not sound like a big deal, but a Class 1 misdemeanor of this nature can still send you to jail for up to one year. Moreover, as a sex offense, you will be required to register as a sex offender for a certain period of time.

What Penalties Can Coloradans Face for Invasion of Privacy for Sexual Gratification?

That means this crime will not only go on your criminal record, but you will also go into a sexual offender database run by the Colorado Bureau of Investigation that is publicly searchable.

To avoid this fate, make sure that you call an experienced attorney to help you navigate these charges and ensure that this type of action does not interfere with your future.


About the Author:

Andrew Bryant is a well-respected Colorado Springs criminal attorney who has been practicing in the area for years. A Colorado native, he returned to the home he loves after graduating from the University of Kentucky College of Law. Now, he uses the knowledge he gained as an El Paso County District Attorney to fight tirelessly for his clients’ rights. He is AV-Preeminent rated, has been recognized for his work by The National Trial Lawyers, and has been named to Best of the Springs lists by The Gazette for years.