Colorado Revised Statutes

Colo. Rev. Stat. § 18-3-405.6 (2026)

Invasion of privacy for sexual gratification

✓ current as of July 2026
Find cases: SyfertCases citing this section CO-LEGleg.colorado.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

(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. Source: L. 2010: Entire section added, (SB 10-128), ch. 415, p. 2045, § 2, effective July 1, 2012. L. 2022: (2)(a) amended, (HB 22-1229), ch. 68, p. 344, § 21, effective March 1.

Editor's note: Section 47 of chapter 68 (HB 22-1229), Session Laws of Colorado 2022, provides that the act amending subsection (2)(a) is effective March 1, 2022, but the governor did not approve the act until April 7, 2022.

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2025–2026 · leading case: Peo v. McMurray (Colo. Ct. App. 2025).
Peo v. McMurray (Colo. Ct. App. 2025). · cites it 3× “II, § 25, because, while the sexual exploitation statute and section 18-3-405.6, C.R.S. 2025 (the sexual gratification statute), proscribe similar conduct, the former punishes such conduct more harshly than does the latter.”
Peo v. Mau (Colo. Ct. App. 2026). “As charged here, invasion of privacy for sexual gratification is a misdemeanor, § 18-3-405.6(1), (2)(a), C.R.S. 2025, and must be brought within eighteen months of its commission, § 16-5-401(1)(a), C.”
United States v. Watkins (10th Cir. 2026). “Penal Code § 647 ; Colo. Rev. Stat. § 18-3-405.6 ;2 Colo. Rev.”
— Colo. Rev. Stat. § 18-3-405.6(1) — 1 case
Peo v. Mau (Colo. Ct. App. 2026). “As charged here, invasion of privacy for sexual gratification is a misdemeanor, § 18-3-405.6(1), (2)(a), C.R.S. 2025, and must be brought within eighteen months of its commission, § 16-5-401(1)(a), C.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.