You may have heard the news about the nude photos of a few famous celebrities which were hacked and distributed online these past few weeks. According to reports, the iCloud accounts of multiple celebrities were hacked because of a security flaw in the Apple product. The photos were then released online to the public. Recently, one of the celebrities whose account was hacked – Hunger Games star Jennifer Lawrence – broke her silence about the situation. In her statement, she says the hacking should be viewed as a “sex crime,” not a scandal. Currently, there are no laws in Arapahoe, Adams, or Douglas County which make releasing nude photos a sex crime. It is illegal, however. This is a law dealing with what is called “revenge porn.” Let's look closer at the existing law, and also the hacked nude photos situation.

Hacked Nude Photos Leaked: Sex Crime?

According to actress Jennifer Lawrence, she believes the hacking and releasing of the photos should be a “sex crime.” She continues by saying “it is a sexual violation. It's disgusting. The law needs to be changed, and we need to change.” She also calls out anyone who looked at the photos, saying they should “cower with shame” for “perpetuating a sexual offense.” Now, it is important to understand that there are currently no sex crimes dealing with releasing nude photos to the public. This does not mean it is legal, however. A new law went into effect early this year which deals with the unauthorized release of naked photos to the public in Jefferson, El Paso, or Denver County. This law is called Posting a Private Image for Harassment – otherwise known as “revenge porn.”

[pullquote align=”center” textalign=”center” width=”100%”]Hacking nude images and sharing them falls under the “revenge porn” law.[/pullquote]

Revenge Porn: The Release of Nude Photos for the Purpose of Harassment

The new law – C.R.S. 18-7-107 and 18-7-108, makes it illegal if a person posts the private photos of another person's intimate parts online:

• With the intent to harass and inflict “serious emotional distress” upon them;
• Without the depicted person's consent;
• Or if that person had a reasonable expectation the photos would remain private;
• And the depicted person suffers serious emotional distress as a result.

So, this law fits when it comes to the hacked nude photos of the celebrities. If the crime had occurred in Colorado, the perpetrators would be charged with this “revenge porn” law. This law isn't a sex offense, however. It results in a possible jail sentence.

Should Releasing Hacked Nude Photos be a Sex Crime?

Should hacking a person's online account and release private nude photos be a sex crime like Ms. Lawrence wishes? As skilled criminal defense attorneys who specialize in sex crimes, we have a thorough understanding of how the criminal justice system treats sex offenders. In short, the system doesn't work. This is because so many crimes are classified as sex offenses. And, when a person is a sex offender in the system, they undergo the same sex offender treatment as everyone else. This doesn't help or rehabilitate anyone. If releasing hacked nude photos was made a sex offense, a person convicted of this crime would go through the same treatment as a serial rapist. This doesn't protect the public, and doesn't help people who need rehabilitation. We disagree with Ms. Lawrence – while those people who hacked her private account should be held responsible for their actions, they shouldn't be classified as sex offenders. To do so would overload our prisons and treatment providers.

Request a Free Consultation

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

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