The world is changing rapidly. Technology is blurring lines and creating opportunities to enforce new laws. One new law which is being discussed by lawmakers in Colorado would tackle a new phenomenon known as “ revenge porn. ” There are laws currently in effect in Denver, Adams, and Douglas County which criminalize the creation or distribution of child pornography, but this bill would the first to criminalize the sharing of adult pornography obtained with permission, if done with the intent to get revenge, or bully the alleged victim. Let's dig a little deeper into this bill.

Explicit Photos: Shared Commonly in Today's World

Sexually explicit or nude photos are commonly shared in the modern world. This is called “sexting.” In a recent study by the Pew Research Internet Project, it was discovered that about 20% of adults with cellphones received nude (or almost nude) videos or pictures from a friend or acquaintance (this number is up 5% from 2012). 3% said they have forwarded a sext to another person. While this practice is illegal when the images include sexually exploitative images of children under the age of 18 (Sexual Exploitation of a Child – C.R.S. 18-6-403), the new law would focus on the intent of the person sharing the images in Jefferson, Arapahoe, and Larimer County.

The Intent  Behind Sharing Sexual or Nude Photos

According to a sample bill proposed by the Cyber Civil Rights Initiative, a person would be charged with a crime if they knowingly share (distribute, advertise, publish) a photo, video, or other type of media of another person whose intimate parts are exposed, or who is engaged in an act of sexual contact, when the person who is sharing the photo knows (or should know) that the person in the media did not consent to the photo being shared. This includes situations where the media was created within the context of a private relationship, and then shared without their consent.

[pullquote align=”center” textalign=”center” width=”65%”]The bill would include images/videos which were taken with permission, but shared without consent. [/pullquote]

The Proposed Sentence for Sharing “ Revenge Porn ”

The proposed bill in Colorado would make sharing or publishing “ revenge porn ” a misdemeanor: If convicted, a person who publishes sexually explicit images or video could also face a minimum fine of $10,000 (this is unusually high for a misdemeanor, which illustrates how serious the government is taking this offense) , and be compelled to remove the images from the internet.

A Similar Law and Free Speech Concerns

Many people are concerned this law would violate free-speech rights, but its proponents are quick to say this law isn't about restricting free speech, but instead is about stopping the malicious behavior of revengeful ex-boyfriends or spouses who are posting photos online in order to cause “serious emotional distress.” The ACLU has shown concern over giving the government too much power over people's activity online – it is always dangerous to give the government more control of our private lives. This law is taking an existing law a step further: Invasion of Privacy for Sexual Gratification – C.R.S. 18-3-405.6 states that it is illegal to watch, or take a picture (or video) of another person's intimate parts without their knowledge, when they have a reasonable expectation of privacy, for the purpose of sexual gratification. In this existing law, the images are taken without the alleged victim's knowledge, whereas the revenge porn bill would criminalize sharing media which was taken with permission, if the purpose of sharing is for revenge or humiliation.

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