Often referred to as “Revenge Porn,” the posting of a private image on social media or a website will result in criminal charges in Denver and throughout Colorado. If an individual who believes that you have posted a private image of them brings a civil action against you, it is important that you have an experienced defense attorney who understands Colorado's laws, and can bring forward your best possible defense.
Definition of Posting a Private Image for Harassment in Douglas County
In Castle Rock, Parker, or anywhere in Douglas County, Posting a Private Image for Harassment is defined in C.R.S. 18-7-107 as this:
(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 website any photograph, video, or other image displaying the private intimate parts of an identified or identifiable person eighteen years of age or older or an image displaying sexual acts of an identified or identifiable person:
(I) With the intent to harass, intimidate, or coerce 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.
Broad Legal Definition of Social Media in Jefferson County
When you first think of the crime of Revenge Porn, you might only think of it as Posting a Private Image for Harassment on social media sites like Facebook, Instagram, Snap, Reddit, or 9GAG. But the definition of Social Media in this law means “any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content, including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.” (C.R.S. 18-7-107).
This means that you could be charged with Posting a Private Image for Harassment for sharing a “photograph, film, videotape, digital file, or other reproduction” of the private intimate parts of someone, even if you send it via email or text to one person, and the subject of the image finds out.
Adams County Penalty for Posting a Private Image for Harassment
If convicted of Posting a Private Image for Harassment in Adams County, you will be charged with a class 1 misdemeanor, which has a maximum penalty of 18 months in jail and a $5,000. In addition, the court can fine you up to $10,000, to be credited to the crime victim compensation fund.
Arapahoe County Lawyer for Posting a Private Image for Harassment
If you are being charged for Posting a Private Image for Harassment in Arapahoe County, be smart and politely exercise your right to remain silent if contacted by police. Instead, contact our sex crime lawyers at O'Malley and Sawyer today at 303-830-0880. Together, we can protect your future.