Last year, we wrote about a new law called the “revenge porn” law being considered in Colorado. This year, a man has been charged with this new crime, which went into effect at the end of May in Denver, Adams, and Jefferson County and across Colorado. Let's take a look at this crime and the new case in order to understand it better.

What is the Revenge Porn Law?

The revenge porn law was signed into law by Governor Hickenlooper at the end of May. It was added under C.R.S. 18-7-107 and 18-7-108. This law deals with cases where consenting adults photgraph or videotape each other in sexual or nude positions. Then, when the relationship ends, one of them publicizes the image. Posting a Private Image for Harassment is described as follows:

(1)(a) An actor who is eighteen years of age or older commits the offense of posting a private image for harassment if he or she posts or distributes through the use of social media or any web site any photography, video, or other image displaying the private intimate parts of an identified or identifiable person eighteen years of age or older;

(I) With the intent to harass the depicted person and inflict serious emotional distress upon the depicted person;

(II) (A) Without the depicted person's consent; or

(B) When the actor knew or should have known that the depicted person had a reasonable expectation that the image would remain private; and

(III) The conduct results in serious emotional distress of the depicted person.

What is the Sentence for Revenge Porn?

Posting a Private Image for Harassment (revenge porn) is a class 1 misdemeanor in Douglas, Arapahoe, and Boulder County. This means a person could face up to 6 months in a County jail. It is also important to understand that a person charged with posting revenge porn will also likely be charged with Domestic Violence, because the offense occurred between two people who were in an intimate relationship at some point. A DV conviction results in the requirement to complete treatment overseen by the Domestic Violence Offender Management Board (DVOMB).

First Man Charged with Revenge Porn in Denver

Now, let's look at the first revenge porn case in Colorado. According to reports, the 26-year-old man was charged with multiple crimes, one of which was Posting an Image for Harassment. While the details of the case aren't being released, Fox31 got an exclusive jail interview with the man, who said he was “blindsided” by his girlfriend's actions. So, as a way to feel better, he posted images of her online – not expecting her to ever see them. Unfortunately for him, she did find them and he was charged under the new revenge porn law.

Why You Need an Experienced Attorney in Court

Don't stand alone in court and defend yourself. You need an advocate who can fight on your behalf and fight for your future. Even a misdemeanor conviction will have a negative impact on your life. Fight for a brighter future and contact a skilled criminal lawyer.

Request a Free Consultation

If you or a loved one has been charged under the new revenge porn law, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.

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