Colo. Rev. Stat. » Title 18
Colorado Revised Statutes

Colo. Rev. Stat. § 18-7-801 (2026)

Criminal invasion of privacy

✓ current as of July 2026
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(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.

Source: L. 2004: Entire part added, p. 655, § 1, effective July 1. L. 2010: Entire section amended, (SB 10-128), ch. 415, p. 2046, § 3, effective July 1.

PART 9 UNLAWFUL DISTRIBUTION OF SUICIDE RECORDINGS 18-7-901. Unlawful distribution of a suicide recording - definitions - Lil' Von Mercado's Law. (1) A person commits the offense of posting an image of suicide of a minor if the person intentionally posts or distributes through the use of social media or any website, or disseminates through other means, an image of a minor attempting suicide, dying by suicide, or having died by suicide, with the intent to harass, intimidate, or coerce any person, and the posting or distribution results in serious emotional distress to any person.

(2) Posting an image of suicide as described in subsection (1) of this section of a minor is a civil infraction and is punishable by a penalty of one hundred dollars per violation; except that posting an image of suicide of a minor is a class 2 misdemeanor if the person was the first or original person to post, distribute, or disseminate the image.

(3) For purposes of this section, unless the context otherwise requires:

(a) "Image" means a photograph, film, videotape, recording, digital file, or other reproduction.

(b) "Social media" means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user- generated content, including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.

(4) It is not an offense under this section if the posting or distribution of the image is a fictional work or a documentary; or is related to a matter of public interest or public concern; or related to the reporting of unlawful conduct; or the lawful and common practices of law enforcement, criminal reporting, legal proceedings, or medical treatment.

(5) This section is known as and may be cited as "Lil' Von Mercado's Law".

Source: L. 2019: Entire part added, (HB 19-1334), ch. 388, p. 3455, § 1, effective August 2. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3194, § 271, effective March 1, 2022.

ARTICLE 8 Offenses - Governmental Operations Editor's note: This title was repealed and reenacted in 1971. For historical information concerning the repeal and reenactment, see the editor's note following the title heading.

PART 1

OBSTRUCTION OF PUBLIC JUSTICE

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2003–2026 · leading case: People v. Graves, 368 P.3d 317 (Colo. 2016).
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People v. Graves, 368 P.3d 317 (Colo. 2016). · cites it 39× “9 1 29 Section 18-7-801(1) as a whole targets only overtly sexualized activity in public.”
People v. Hoskay, 87 P.3d 194 (Colo. Ct. App. 2003). · cites it 5× “Section 18-7-801(1), C.R.98.2002. " 'Public place' means a place to which the public or a substantial number of the public has access, and includes but is not limited to highways, transportation facilities, schools, places of amusement, parks, playgrounds, and the common areas…”
People v. Austin, 2019 IL 123910 (Ill. 2019). “§ 30 -37A-1(A) (2019)) or “the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate or degrade” ( Idaho Code § 18-6609 (3)(a) (2019)) or “the intent to harass, intimidate, or coerce” (see Colo. Rev. Stat. § 18-7-801 (1)(a) (2019); Mo.”
People v. Austin, 2019 IL 123910 (Ill. 2020). “§ 30 -37A-1(A) (2019)) or “the intent to annoy, terrify, threaten, intimidate, harass, offend, humiliate or degrade” ( Idaho Code § 18-6609 (3)(a) (2019)) or “the intent to harass, intimidate, or coerce” (see Colo. Rev. Stat. § 18-7-801 (1)(a) (2019); Mo.”
Peo v. Hurd (Colo. Ct. App. 2025). · cites it 3× “” § 18-7-801, C.R.S. 2025. B. Analysis ¶ 64 Though Hurd argued that criminal invasion of privacy was “a lesser non-included of the acts that are included by the [p]rosecution” and that “[t]hey’re proof of this – []all these charges,” the trial court found that the offense did…”
People v. Brown, 342 P.3d 564 (Colo. Ct. App. 2014). · cites it 3× “{41 Section 18-7-801(1), C.R.S.2014, provides: A person who knowingly observes or takes a photograph of another person's intimate parts .”
United States v. Watkins (10th Cir. 2026). “6 ;2 Colo. Rev. Stat. § 18-7-801 ;2 Conn. Gen.”
— Colo. Rev. Stat. § 18-7-801(1) — 3 cases
People v. Graves, 368 P.3d 317 (Colo. 2016). “9 1 29 Section 18-7-801(1) as a whole targets only overtly sexualized activity in public.”
People v. Hoskay, 87 P.3d 194 (Colo. Ct. App. 2003). “Section 18-7-801(1), C.R.98.2002. " 'Public place' means a place to which the public or a substantial number of the public has access, and includes but is not limited to highways, transportation facilities, schools, places of amusement, parks, playgrounds, and the common areas…”
People v. Brown, 342 P.3d 564 (Colo. Ct. App. 2014). “{41 Section 18-7-801(1), C.R.S.2014, provides: A person who knowingly observes or takes a photograph of another person's intimate parts .”
— Colo. Rev. Stat. § 18-7-801(1)(d) — 1 case
People v. Graves, 368 P.3d 317 (Colo. 2016). “9 1 29 Section 18-7-801(1) as a whole targets only overtly sexualized activity in public.”
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