Social media, such as Instagram, Facebook, Twitter, and Snapchat are popular. However, their popularity in Denver, Grand County and everywhere else in Colorado makes it easier for one mistake or bad choice to become public quickly. There is actually a new law (Posting a Private Image for Harassment, C.R.S. 18-7-107) which punishes men and women after a mistake or poor choice has gone public quickly over social media. In today's blog, we'll look at Posting a Private Image for Harassment and how it is charged in more detail.
Arapahoe County Posting a Private Image for Harassment Definition
The definition of Posting a Private Image for Harassment in Arapahoe and Jefferson County, is:
“(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 photograph, 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.
(b) Posting a private image for harassment is a class 1 misdemeanor.”
A similar crime to Posting a Private Image for Harassment is Posting a Private Image for Pecuniary Gain, C.R.S. 18-7-108. Read more here.
Posting a Private Image Law: Many Elements to Prove in Douglas County and Across Colorado
A conviction of Posting a Private Image for Harassment in Douglas County, Adams County and everywhere else in Colorado requires that prosecutors prove every element of the above statute. Just because you take an image of another's private intimate parts, for example, it is not enough to prove your guilt. You must actually post or distribute the image and have intent to harass or cause emotional distress to another person by posting or distributing the image. You also must know the person expected the private image would remain private. If facing any accusations of Posting a Private Image for Harassment in Colorado, do not give any statements to police. Any statements given to police can be twisted and used in the prosecution against you. Instead of speaking to police, contact the sex crimes lawyers at the O'Malley Law Office right away so we can plan your defense.
Charged with Posting a Private Image for Harassment in Colorado? Call Us
If you are charged or arrested for Posting a Private Image for Harassment in Denver, Aurora or anywhere else in Colorado, call the best criminal defense attorneys at the O'Malley Law Office immediately. Up to an 18 month Denver County jail sentence is possible upon a conviction of Posting a Private Image for Harassment. Don't put your job or reputation at risk if facing any accusations of this crime. Call an attorney today and protect your future and rights.