Colorado
Colorado Voyeurism and Hidden Camera Laws: Offenses, Penalties, and Protections
Independently fact-checked against primary sources (last audited August 15, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 15, 2026. · 3 primary sources cited on this page. How we verify our legal content
Colorado prohibits voyeurism and hidden camera recording under C.R.S. 18-7-801, which makes it a Class 2 misdemeanor to observe or photograph a person's intimate parts without consent where a reasonable expectation of privacy exists. More serious offenses involving sexual gratification carry Class 1 misdemeanor or felony penalties.
Quick Answer
Colorado criminalizes voyeurism and hidden camera recording through several statutes. C.R.S. 18-7-801 covers criminal invasion of privacy, C.R.S. 18-3-405.6 addresses invasion of privacy for sexual gratification with enhanced penalties, and C.R.S. 18-7-107 criminalizes non-consensual distribution of intimate images (revenge porn). These statutes work together to protect privacy in situations where people have a reasonable expectation that they are not being observed or recorded.
Criminal Invasion of Privacy: C.R.S. 18-7-801
What the Statute Prohibits
C.R.S. 18-7-801 makes it a crime to knowingly observe or take a photograph of another person's intimate parts without that person's consent, in a situation where the person has a reasonable expectation of privacy. The statute covers:
- Visual observation: Peeping through windows, using holes in walls, or using mirrors to view someone in a private area
- Photography: Taking photos of someone's intimate parts without consent
- Video recording: Using hidden cameras or recording devices to capture someone in a private setting
- Electronic surveillance: Using any electronic device to observe someone where they have a reasonable expectation of privacy
Definition of "Intimate Parts"
Colorado law defines "intimate parts" to include the external genitalia and the perineum, anus, buttocks, pubes, or female breast of any person. Recording or observing these areas without consent in a private setting constitutes criminal invasion of privacy.
Reasonable Expectation of Privacy
The statute requires that the victim had a "reasonable expectation of privacy" at the time of the observation or recording. Locations where this expectation exists include:
- Bathrooms and restrooms (in any setting)
- Bedrooms
- Hotel and motel rooms
- Changing rooms and fitting rooms
- Locker rooms and showers
- Medical examination rooms
- Any enclosed space where a person would reasonably expect to undress
Penalties
Criminal Invasion of Privacy under C.R.S. 18-7-801 is a Class 2 misdemeanor:
- Up to 120 days in jail
- Fine of up to $750
- Potential probation and counseling requirements
- Possible sex offender registration depending on circumstances
Invasion of Privacy for Sexual Gratification: C.R.S. 18-3-405.6
Enhanced Offense
C.R.S. 18-3-405.6 creates an enhanced offense when the invasive recording or observation is done for the purpose of the offender's own sexual gratification. This statute recognizes that voyeuristic behavior driven by sexual motivation poses a greater danger and warrants more severe punishment.
Elements of the Offense
To convict under C.R.S. 18-3-405.6, prosecutors must prove:
- The defendant knowingly observed or recorded the victim's intimate parts
- Without the victim's consent
- In a circumstance where the victim had a reasonable expectation of privacy
- For the purpose of the defendant's own sexual gratification
The sexual gratification element distinguishes this offense from the general invasion of privacy statute. The prosecution may prove intent through circumstantial evidence, including the nature and location of recordings, the defendant's behavior, and any statements made by the defendant.
Penalty Structure
| Circumstance | Classification | Penalty |
|---|---|---|
| First offense, victim age 15 or older | Class 1 misdemeanor | Up to 364 days jail, up to $1,000 fine |
| Victim under age 15 | Class 6 felony | 1 to 18 months prison, $1,000 to $100,000 fine |
| Offender has prior conviction for unlawful sexual behavior | Class 6 felony | 1 to 18 months prison, $1,000 to $100,000 fine |
Sex Offender Registration
Convictions under C.R.S. 18-3-405.6 carry mandatory sex offender registration requirements under the Colorado Sex Offender Registration Act (C.R.S. 16-22-101 et seq.). The registration requirement includes:
- Registration with local law enforcement within five business days of release, entry into the community, or conviction
- Periodic re-registration as required by the court
- Duration of registration determined by the court based on risk assessment
- Public notification requirements depending on the offender's risk level
Revenge Porn: C.R.S. 18-7-107
Posting a Private Image for Harassment
C.R.S. 18-7-107 criminalizes posting or distributing private intimate images without the depicted person's consent with intent to harass. This law targets revenge porn and non-consensual pornography distribution.
Elements of the Offense
The statute requires:
- The defendant disclosed, or threatened to disclose, a private intimate image or intimate digital depiction of another person through electronic media or a website
- The depicted person did not consent to the disclosure
- Either the defendant acted with the intent to harass, intimidate, or coerce the depicted person, or the defendant knew or reasonably should have known the depicted person had a reasonable expectation that the image would remain private
- The disclosure or threatened disclosure caused physical, emotional, or reputational harm to the depicted person
Penalties for Revenge Porn
| Circumstance | Classification | Penalty |
|---|---|---|
| Base offense | Class 1 misdemeanor | Up to 364 days jail, plus a mandatory additional fine of up to $10,000 |
| Disclosure posed an imminent and serious threat to the depicted person's (or their immediate family's) safety, and the actor knew or reasonably should have known of that threat | Class 6 felony | 1 to 18 months prison, plus a mandatory additional fine of up to $10,000 |
Civil Remedies for Victims
Victims of revenge porn can also pursue civil remedies:
- Injunctive relief (court orders to remove images from websites and platforms)
- Actual and compensatory damages
- Attorney fees and costs
- Orders requiring the defendant to pay for image removal from internet platforms
Common Voyeurism Scenarios
Hidden Cameras in Bathrooms
Placing cameras in bathrooms is one of the most common voyeurism offenses. This occurs in:
- Public restrooms
- Workplace bathrooms
- Home bathrooms (targeting guests, housekeepers, or other visitors)
- Hotel and Airbnb bathrooms
Bathroom cameras always trigger C.R.S. 18-7-801 because there is always a reasonable expectation of privacy in a bathroom. If the recording is for sexual gratification, C.R.S. 18-3-405.6 also applies with enhanced penalties.
Hidden Cameras in Bedrooms
Placing cameras in bedrooms to record intimate activities without consent violates C.R.S. 18-7-801. Common scenarios include:
- A partner recording intimate activities without the other person's knowledge
- A landlord or roommate placing cameras in shared living spaces
- Hidden cameras in hotel or vacation rental bedrooms
Upskirting and Downblousing
Using cameras to photograph up someone's skirt or down their blouse in public places violates C.R.S. 18-7-801 because the targeted areas are intimate parts that the victim has a reasonable expectation of keeping private, even in a public setting. The fact that the victim is in a public place does not eliminate the privacy expectation for intimate body areas normally covered by clothing.
Peeping Through Windows
Traditional "Peeping Tom" behavior, whether using eyes, binoculars, or cameras to look through windows into private spaces, constitutes criminal invasion of privacy under C.R.S. 18-7-801.
Hidden Cameras in Hotels and Airbnbs
Placing hidden cameras in hotel rooms or short-term rental properties violates C.R.S. 18-7-801 and potentially C.R.S. 18-3-405.6. Guests have a reasonable expectation of privacy in:
- Bedrooms
- Bathrooms
- Any room where they might undress
Hotel operators and short-term rental hosts who place cameras in private guest areas face criminal prosecution. Airbnb and similar platforms explicitly prohibit cameras in private spaces and require disclosure of all surveillance devices.
If you discover a hidden camera in a hotel or rental:
- Do not touch or remove the camera (it may be evidence)
- Take photographs documenting the camera's location
- Contact local law enforcement immediately
- File a complaint with the hotel management or rental platform
- Consult with an attorney about civil remedies
Technology and Voyeurism
Smartphone and Digital Recording
Modern smartphones make covert recording easier and more prevalent. Colorado law does not distinguish between recording technologies. Whether a voyeur uses a pinhole camera, a smartphone, smart glasses, or a drone, the same statutes apply.
Deepfakes and Synthetic Media
While Colorado's current voyeurism statutes primarily address recordings of actual events, the growing use of AI-generated deepfakes and synthetic intimate images raises new legal questions. If synthetic images are distributed with intent to harass, C.R.S. 18-7-107 may apply. SB 25-288 (active August 6, 2025) expressly extended C.R.S. 18-7-107 to cover AI-generated and digitally altered intimate imagery, not just recordings of actual events. The bill also created a civil cause of action with a $150,000 minimum liquidated-damages floor for victims of non-consensual synthetic intimate imagery distribution, in addition to the existing criminal penalties.
Spyware and Remote Access
Installing spyware on someone's device to access their camera without consent can violate both voyeurism statutes and Colorado's computer crimes laws under C.R.S. 18-5.5-102 (Computer Crime). This can carry additional felony charges.
Victim Resources and Protections
Reporting Voyeurism
Victims of voyeurism or hidden camera recording should:
- Contact local law enforcement to file a police report
- Preserve any evidence (photographs of camera locations, screenshots of distributed images)
- Seek a protection order if the offender is known
- Contact the Colorado Attorney General's Office for additional resources
- Reach out to victim advocacy organizations
Protection Orders
Victims can seek a civil protection order under C.R.S. 13-14-102 to prevent further contact and surveillance by the offender. A protection order can:
- Prohibit the offender from contacting or approaching the victim
- Require the offender to stay away from the victim's home, school, or workplace
- Order the destruction of illegally obtained recordings
- Include other conditions the court deems necessary
Civil Lawsuits
Victims can file civil lawsuits against voyeurism offenders for:
- Invasion of privacy: Tort claim for intrusion upon seclusion
- Intentional infliction of emotional distress: Damages for psychological harm
- Negligence: Against property owners who failed to prevent hidden camera installation (hotels, gyms, employers)
- Federal criminal referral (not a civil claim): 18 U.S.C. 1801 (Federal Video Voyeurism Prevention Act) is a federal criminal statute enforced by federal prosecutors, not a private right of action; it can apply when the offense occurs within the special maritime and territorial jurisdiction of the United States, and victims can report such conduct to federal law enforcement
Defenses and Limitations
Consent
Consent is a complete defense to voyeurism charges. If the person being recorded knowingly and voluntarily agreed to be recorded, no crime has been committed. However, consent must be:
- Freely given (not coerced or obtained through deception)
- Informed (the person knows what they are consenting to)
- Ongoing (consent can be withdrawn at any time)
Public Spaces
Recording someone in a public space where they have no reasonable expectation of privacy is not voyeurism. However, targeting intimate body areas normally covered by clothing (upskirting, for example) can still constitute a violation even in public.
Statute of Limitations
Colorado's general statute of limitations for misdemeanors is 18 months, and for felonies it varies by class. Victims should report incidents promptly to ensure criminal prosecution remains possible.
Penalties Summary
| Offense | Statute | Classification | Maximum Penalty | Sex Offender Registration |
|---|---|---|---|---|
| Criminal Invasion of Privacy | C.R.S. 18-7-801 | Class 2 misdemeanor | 120 days jail, $750 fine | Possible |
| Invasion for Sexual Gratification (adult victim) | C.R.S. 18-3-405.6 | Class 1 misdemeanor | 364 days jail, $1,000 fine | Mandatory |
| Invasion for Sexual Gratification (victim under 15 or repeat) | C.R.S. 18-3-405.6 | Class 6 felony | 18 months prison, $100,000 fine | Mandatory |
| Revenge Porn (base offense) | C.R.S. 18-7-107 | Class 1 misdemeanor | 364 days jail, plus mandatory fine up to $10,000 | No |
| Revenge Porn (disclosure posed imminent/serious safety threat) | C.R.S. 18-7-107 | Class 6 felony | 18 months prison, plus mandatory fine up to $10,000 | No |
More Colorado Recording Laws
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Frequently Asked Questions
What is the penalty for hidden cameras in Colorado?
Hidden cameras that record someone's intimate parts without consent violate C.R.S. 18-7-801 (Class 2 misdemeanor: up to 120 days jail, up to $750 fine). If the recording was for sexual gratification, C.R.S. 18-3-405.6 applies with enhanced penalties: Class 1 misdemeanor (up to 364 days) or Class 6 felony (up to 18 months) depending on circumstances, plus mandatory sex offender registration.
Is revenge porn illegal in Colorado?
Yes. C.R.S. 18-7-107 makes it a Class 1 misdemeanor to disclose, or threaten to disclose, a private intimate image without the depicted person's consent under specified circumstances (such as intent to harass) that also cause them harm. The base offense carries up to 364 days in jail plus a mandatory fine of up to $10,000. It becomes a Class 6 felony, not based on repeat offenses, but when the disclosure posed an imminent and serious threat to the depicted person's or their immediate family's safety and the actor knew or reasonably should have known of that threat.
Can I sue someone for secretly recording me in Colorado?
Yes. Victims of voyeurism or hidden camera recording can file civil lawsuits for invasion of privacy, intentional infliction of emotional distress, and other tort claims. You can seek actual damages, compensatory damages, attorney fees, and in some cases punitive damages.
Is upskirting illegal in Colorado?
Yes. Recording or photographing someone's intimate parts that are normally covered by clothing violates C.R.S. 18-7-801, even if the victim is in a public place. The victim maintains a reasonable expectation of privacy over intimate body areas covered by clothing.
What should I do if I find a hidden camera?
Do not touch or remove the camera. Take photographs documenting its location. Contact local law enforcement immediately to file a police report. If the camera is in a hotel or rental property, also report it to management or the rental platform. Consult an attorney about your civil remedies.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected C.R.S. 18-7-107 (revenge porn): the class 6 felony trigger is disclosure posing an imminent/serious safety threat, not a subsequent offense; the statute also mandates an additional fine up to $10,000 (not a $1,000 cap); 18 U.S.C. 1801 was reclassified from a civil claim to the federal criminal statute it actually is; and the statute's elements list was corrected to match the actual alternative intent/knowledge standard plus the harm element.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Colorado Revised Statutes, Title 18: Criminal Code
§ 18-7-801Criminal invasion of privacyIn forcecited in 11 of our articles
(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.
Official text (excerpt) · last checked 2026-08-31 · Read the full text in our law library · Verify at olls.info
Also relied on in: Colorado Landlord-Tenant Recording Laws: Cameras, Privacy, and Rights, Colorado School Recording Laws: Classrooms, IEP Meetings, and Surveillance, Colorado Security Camera Laws: Residential, Commercial, and Privacy Rules
§ 18-3-405.6Invasion of privacy for sexual gratificationIn forcecited in 4 of our articles
(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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- United States v. Watkins (Court of Appeals for the Tenth Circuit 2026)“…n part),2 Ark. Code Ann. § 5-71-213; Cal. Penal Code § 647; Colo. Rev. Stat. § 18-3-405.6;2 Colo. Rev. Stat. § 18-7-801;2 Conn. G…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Colorado Video Recording Laws: What Is Legal and What Is Not, Colorado Smart Glasses Recording Laws 2026, Colorado Surveillance Camera Laws (2026 Guide)
§ 18-7-107Disclosing a private intimate image or intimate digital depiction for harassment - definitionsIn forcecited in 5 of our articles
(1) (a) An actor who is eighteen years of age or older commits the offense of disclosing a private intimate image or intimate digital depiction for harassment if the actor discloses or threatens to disclose through the use of electronic media or a website a private intimate image or an intimate digital depiction without the depicted individual's consent: (I) to (III) (Deleted by amendment, L. 2025.) (IV) (A) With the intent to harass, intimidate, or coerce the depicted individual; or (B) When the actor knew or reasonably should have known that the depicted individual had a reasonable expectation that the private intimate image or intimate digital depiction would remain private; and (V) The disclosure or threat to disclose caused physical, emotional, or reputational harm to the depicted individual.
Official text (excerpt) · last checked 2026-08-30 · Read the full text in our law library · Verify at olls.info
Also relied on in: Colorado Recording Laws (2026): One-Party Consent Rules, Colorado Deepfake Laws: AI Images, Voice Cloning & Penalties (2026), Colorado Pornography Laws (2026): Legal Status, Age Verification, and Penalties
Colorado Revised Statutes, Title 16: Criminal Proceedings
§ 16-22-101Short titleIn force
This article shall be known and may be cited as the Colorado Sex Offender Registration Act.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at olls.info
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Millard v. Rankin (District Court, D. Colorado 2017, 265 F. Supp. 3d 1211)“…under the Colorado Sex Offender Registration Act (“SORA”), C.R.S. §§ 16-22-101, et seq. In this civil action brought…”
- Ryals v. City of Englewood (Court of Appeals for the Tenth Circuit 2014, 560 F. App'x 726)“…register under the Colorado Sex Offender Registration Act, C.R.S. Section 16-22-101, et seq. who has been: a. Convicted o…”
- Frederickson v. Larimer County (District Court, D. Colorado 2023)“…and the Colorado Sex Offender Registration Act [“CSORA”], Colo. Rev. Stat. §§ 16-22-101 et seq.. (Doc. No. 41 at ¶¶ 6, 13, 15-1…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 18
§ 1801Video voyeurismIn forcecited in 79 of our articles
Whoever, in the special maritime and territorial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be fined under this title or imprisoned not more than one year, or both. In this section— the term “capture”, with respect to an image, means to videotape, photograph, film, record by any means, or broadcast; the term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons; the term “a private area of the individual” means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual; the term “female breast” means any portion of the female breast below the top of the areola; and the term “under circumstances in which that individual has a reasonable expectation of privacy” means— circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured; or circumstances in which a…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 53 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Courts have applied 18 U.S.C. 1801 mainly at its edges. United States v. Johnson (2010) read it as Congress's answer to secretly filming nudity on federal property, acquitting on a child exploitation charge instead. EPIC v. Department of Homeland Security (2011) applied the Section 1801(c) law enforcement exception to a TSA scanner claim.
Opinions citing this section in our collection:
- United States v. Anthony Helton (Court of Appeals for the Fourth Circuit 2019, 944 F.3d 198)“…from this list of federal offenses is video voyeurism under 18 U.S.C. § 1801. Rather than list this statute as an enu…”
- United States v. Johnson (District Court, W.D. Missouri 2010, 719 F. Supp. 2d 1059)✓A weightlifting coach hid a camera to film minors weighing in nude; acquitting him under the child exploitation statute, the court called that conduct plain video voyeurism under section 1801, but noted the section reaches only federal maritime and territorial jurisdiction.
- Electronic Privacy Information Center v. United States Department of Homeland Security (Court of Appeals for the D.C. Circuit 2011, 653 F.3d 1)✓Privacy groups challenged TSA body scanners under the Video Voyeurism Prevention Act; the D.C. Circuit held the statute's exception for lawful law enforcement, correctional, or intelligence activity applied to airport screening, so the section 1801 claim failed.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alaska Voyeurism and Hidden Camera Laws: AS 11.61.123 Explained (2026), Arizona Surreptitious Recording & Voyeurism Laws: ARS 13-3019 Penalties (2026), Arkansas Voyeurism Laws: Hidden Cameras, Penalties, and Defenses (2026)
Explore the law
This article also draws on these acts and chapters (opening at their first section): Colorado Revised Statutes, Title 18: Criminal Code § 18-1.3-101 (Pretrial diversion - appropriation - repeal)
Related law for further reading — not part of this article’s citations.
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Sources and References
- C.R.S. 18-7-801 - Criminal Invasion of Privacy(law.justia.com)
- C.R.S. 18-3-405.6 - Invasion of Privacy for Sexual Gratification(law.justia.com)
- C.R.S. 18-7-107 - Posting Private Image(law.justia.com)
- Colorado Attorney General(coag.gov).gov
- 18 U.S.C. 1801 - Federal Video Voyeurism Prevention Act(law.cornell.edu)
- Colorado Title 18 Criminal Code(content.leg.colorado.gov).gov
- C.R.S. 16-22-101 - Sex Offender Registration(law.justia.com)
- SB 25-288 - AI-Generated Non-Consensual Intimate Imagery(leg.colorado.gov).gov