Image Credit: Pixabay – TeroVesalainen
Often, when people are not getting along in a dating relationship, they make decisions out of bitterness or resentment towards their significant other. That may have been the case for one 23-year-old man, who decided to share inappropriate photos of a woman online. The 23-year-old is accused of publishing private sexual images of a woman on social media. The woman also told police that the man posted the private sexual images without her consent. In Denver, the man would likely be charged under C.R.S. 18-7-107, Posting a Private Image for Harassment. This crime is also commonly known as revenge porn.
What is Posting a Private Image for Harassment Definition in Jefferson County?
The definition of Posting a Private Image for Harassment in Jefferson County is:
“(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.”
Since the man is accused of posting inappropriate images of a woman on social media without her consent, it's likely he would face charges of Posting a Private Image for Harassment. To obtain a conviction of this charge, the alleged victim in the case must be eighteen years of age or older and the victim's private intimate parts must have been displayed. “Private intimate parts” include the external genitalia or the perineum or the anus or the pubes of any person or the breast of a female. Sometimes, a person may be accused of posting a private image when they were not responsible for the posting. In these cases, an aggressive criminal defense lawyer may be able to get charges dismissed since posting or distributing a private image for harassment and knowing the image should have stayed private are required elements of this crime.
Posting a Private Image for Pecuniary Gain in Adams County: A Similar Charge to Posting a Private Image for Harassment
In Adams County, a similar charge to Posting a Private Image for Harassment is Posting a Private Image for Pecuniary Gain. The definition of Posting a Private Image for Pecuniary Gain, C.R.S. 18-7-108, is:
“(1)(a) An actor who is eighteen years of age or older commits the offense of posting a private image for pecuniary gain if he or she posts or distributes through 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:
- With the intent to obtain a pecuniary benefit from any person as a result of the posting, viewing, or removal of the private image; and
(II)(A) When the actor has not obtained 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.”
Posting a Private Image for Harassment Lawyer in Arapahoe County: Call Today
Both Posting a Private Image for Harassment and Posting a Private Image for Pecuniary Gain are misdemeanors in Arapahoe County. Upon a conviction of either charge, you could risk facing up to 18 months in the Arapahoe County Jail and steep fines. Additionally, you may have trouble finding employment due to a criminal record. Always consult an experienced criminal defense lawyer to defend you if facing charges of Posting a Private Image for Harassment in Colorado.
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