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Posting a Private Image for Harassment, or Revenge Porn, is charged in Denver, Aurora, and Castle Rock when someone publishes an image on social media or distributes through text, a private or nude image of another. But, does publishing an image on a fetish or sexual website constitute revenge porn? That's the question some college students are asking after finding their images posted on these types of sites. They have pointed the finger at a fellow student, who they feel has demonstrated acts of Harassment and Stalking against them. The problem is, the images that were posted on the sites with lewd captions were images the ‘victims' had posted themselves. They did not contain nudity, nor would they be considered private, as they consented to having them elsewhere on the internet.

Douglas County Posting a Private Image for Harassment: What is 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.

Adams County and Jefferson County Posting a Private Image for Harassment – Reposts Too?

Reposting someone else's photo would not be considered Revenge Porn in Adams or Jefferson County. While the intent to harass or inflict emotional distress may be the motivation for posting the images, it doesn't matter because the images do not display intimate parts and the people consented to posting them because they originally put them online. Remember, when you post something online, you no longer have control over who can possess it and how it is used.

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