From Patti’s Desk, Legal Assistant to Attorney Philip M. Smith I Denver Colorado
Surprisingly enough, Prince Harry did not commit a real crime by being in his birthday suit with a young woman. There is nothing illegal about being naked playing billiards at a private party. Maybe his family is humiliated and he ought to be a little embarrassed but the crime committed in this case was by the person taking the pictures and distributing them, not his nudity.
In Colorado, a person taking a photograph of another person’s private parts without their consent or knowledge commits a crime. Granted, Harry’s private parts were cleverly and strategically hidden in the two photos obtained and published by TMZ.com. But, there leaves little doubt the photographer had the intent to document a little something extra for the camera. Assuming the Prince had a reasonable expectation that his casual and playful exploits would not end up on the front page of every newspaper in the country and on every news station in the world, these photos were clearly an invasion of his and her privacy.
Colorado’s CRS 18-7-801 addresses the criminalinvasion of privacy. If the person taking the photograph did so without Prince Harry and his playmate’s knowledge and consent, the photographer could be facing some very serious criminal charges for not only snapping the picture but making it public. TMZ probably surely paid a lot of money out for these salacious little party goers’ goods.
Was this public nudity or indecency? Not really. Not only was this a private party, with all of the security afforded the Prince by the Royal family, Prince Harry expected privacy. Was it indecent exposure? Not by definition. No private parts are showing and it doesn’t appear to be alarming to anyone but his grandmother, The Queen and the rest of the world.
Just a reminder. What happens in Vegas doesn’t stay in Vegas! Think before you click that phone camera. If you do find yourself in trouble with the law, call Denver Criminal Defense Attorney Philip M. Smith, 303-333-8900.
Source: TMZ.com, Colorado Revised Statutes 2012
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