Electronically posting intimate photos of someone without their consent is a criminal offense in Denver. Also known as “revenge porn,” posting a private image for harassment occurs when individuals post intimate photos to social media with the purpose of harassing or upsetting another person. These actions are often taken in response to a messy breakup where one partner seeks retaliation. This is a misdemeanor offense in Colorado and can result in jail time and other especially strict punishments. Contacting a skilled posting a private image for harassment attorney is wise if facing charges of this nature.
What is Posting a Private Image for Harassment in Denver?
Whenever an adult (18 years or older) posts intimate pictures or videos on social media for the purpose of harassment, C.R.S. 18-7-107 charges can ensue. The images involved must contain the private parts of an identifiable person (also 18 years or older). Additionally, if the pictures don't contain nudity, sexual acts must be present. A few other key elements of this offense are:
- a defendant posts images without consent of the depicted individual
- the conduct of the defendant caused serious emotional distress to the depicted person
Private intimate parts include external genitalia, the perineum, anus, pubes, or breasts of a female. In reference to what can be considered social media, the statute includes:
- interactive computer service
- phone network
- data network
- that allows creation, sharing, and viewing of content
This content includes videos, still images, blogs, video blogs, podcasts, instant messages, email, and website profiles.
Punishments for Posting a Private Image for Harassment in Denver
Conviction of posting a private image for harassment results in a class 1 misdemeanor in Colorado. Consequences can include up to 18 months in county jail and a fine of up to $10,000. This increased potential fine (as compared to other class 1 misdemeanors) is a result of Colorado's attempt to especially deter this behavior. In addition to the criminal charges, those depicted in images / videos related to this offense can enter a civil claim against the defendant. Victims can potentially seek money damages for the defendant's behavior and also the cost / fees of an attorney.
Posting a Private Image for Harassment Attorney in Denver
People post nudge images of former lovers for two main reasons… money or revenge. The crime of Posting a Private Image for Pecuniary Gain is closely linked to posting for harassment and involves the intent of receiving money for the images / content. This is also a class 1 misdemeanor and comes with similar potential consequences. The criminal record associated with both of these offenses can be particularly damaging. Limited job opportunities and difficulties in securing housing are also possible fallout. Don't face criminal charges such as these alone. Secure an experienced posting a private image for harassment attorney to help navigate the process and prioritize your best possible outcome.
If you or someone you know is facing posting a private image for harassment charges, be smart. Contact Denver's best criminal defense attorneys at Sawyer Legal Group at 303-830-0880. Together, we can protect your future.
Photo Credit: Pexels – bruce mars
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