Free Initial Consultation
South Denver: 303-731-0719
North Denver: 303-916-9006
Toll free: 866-365-9351


Nanny Cam = Criminal Invasion of Privacy in Colorado?


Image Credit: Pixabay - geralt

Did you know that it is illegal to take photographs or video of someone when they have a "reasonable" expectation of privacy? And, that it can be a sex offense if done for the purpose of sexual gratification? In Denver, Douglas and Broomfield County, this law is intended to punish peeping toms. But what about putting a nanny cam in your home to see what you sitter is up to while you are away? That can also constitute criminal invasion of privacy if that area where the camera is posted is an area where the person would expect privacy.

Real-Life Example of this Crime in Colorado

Recently, I had a client charged with criminal invasion of privacy for doing just that... he wanted to see what was going on in the basement of his home, because he suspected that his live in help was using heroin. Unfortunately, the district attorney thought that even though the home was owned by my client - even though the alleged victim was a paid employee who was given room and board as a portion of her salary - a crime was committed.

Can Criminal Invasion of Privacy be a Sex Offense?

Criminal invasion of privacy may only be a class 2 misdemeanor in many cases, but it can also be a sexual offense if the prosecutor believes they can prove that it was done for purposes of sexual gratification. In the case discussed above, the nanny-cam was not placed in a common area of the home, but in the quarters where the nanny stayed. The district attorney believed that was proof of some sort of nefarious sexual motivation. Instead, the jury disagreed, because the camera was placed in an area where my client suspected the nanny was using drugs. In most of these cases, the defense centers on whether the expectation of privacy was reasonable under the circumstances. Surely, a heroin-abusing nanny who is a guest in the home should not be afforded the same privacy rights as when someone is photographed in their own home by someone outside the home. In this case, the real determination of reasonableness was done by the jury when the case proceeded to trial, and they acquitted my client.

You Need a Lawyer for Invasion of Privacy Charges

If you or a loved one is being accused of criminal invasion of privacy, take it seriously as it can affect your life for years to come. Even if it's not the sexual offense, having a charge like this on your criminal history makes people think that you are a peeping tom. We have spent years defending people against charges like these in Arapahoe, Adams and Boulder County, and we can help you.

If you have been charged with Criminal Invasion of Privacy, be smart, remain silent, and be sure you consult with an experienced attorney by contacting us today at (303) 731-0719. Together we can protect your future.

No Comments

Leave a comment
Comment Information
Facing Charges? Get Help Now!


Tell us about your case and one of our experienced attorneys will get back to you promptly.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Case Results:

  • Sexual Assault and Rape charges related to divorce. Acquittal from jury trial. Weld County, Greeley, Colorado.
  • Sexual Assault on a Child, Possession of Child Pornography. Acquittal from jury trial. Jefferson County, Golden, Colorado.
  • Arson of Nursing Home. Dismissed by Court on Defendant's Motion to Dismiss. Jefferson County, Golden, Colorado.
  • Felony Drug Distribution. Acquittal from jury trial. Boulder County, Boulder, Colorado.
  • Rape and Sexual Assault charges involving divorce and child custody. Acquittal from jury trial. Douglas County, Castle Rock, Colorado.
  • Burglary and Felony Theft. Dismissed by District Attorney. Arapahoe County, Englewood, Colorado.
  • Theft of Drugs by Nurse. Dismissed by District Attorney. Jefferson County, Golden, Colorado.
  • Sexual Assault on a Child, Position of Trust. Acquittal from Jury Trial. Adams County, Brighton, Colorado.
  • Domestic Violence. Dismissed by District Attorney. Douglas County, Castle Rock, Colorado.
  • Violation of Restraining Order. Dismissed by District Attorney. Douglas County, Castle Rock.

24 hour emergency service Same-day jail visits Free initial consultation Reasonable fees Flexible payment plans

Call Toll free: 866-365-9351 South Denver: 303-731-0719 North Denver: 303-916-9006 Email us

Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters.