When a person posts an image online that was meant to be private (as it shows the person's intimate parts), it is charged as Posting a Private Image for Harassment, or Revenge Porn, in Denver, Castle Rock, and Aurora. A woman was recently charged with this crime, only to have the charges later dismissed. According to the report, the woman used the image of her ex-boyfriend to create an art project. The only thing was – his head and his genitals were cropped out. The project won an award and she posted it on social media, which led him to see that his picture was used and file the report. While the man might have been offended that a private image was being used for public viewing, his intimate parts were not exposed, and therefore, the charges didn't stick.

Douglas County Posting a Private Image Lawyer: Definition of Revenge Porn in Arapahoe County

The Arapahoe and Douglas County, Colorado law definition of Posting a Private Image for Harassment – C.R.S. 18-7-107 – 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 website 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.

Obviously, the statute specifically states that the person's intimate parts must be exposed. Just because the picture originally showed private parts, doesn't mean that the woman using the cropped photo was Revenge Porn.

Sentence for Posting a Private Image for Harassment in Adams and Jefferson County

As a class 2 misdemeanor in Jefferson and Adams County, Posting a Private Image is punishable by 6 to 18 months in the Jefferson County Jail and up to $10,000 in fines.

If you or a loved one has been charged with Revenge Porn or Posting a Private Image for Harassment, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880. Together, we can protect your future.

Image Source: Pixabay-deepkhicher