Jul 27

Denver Posting a Private Image for Harassment Attorney | Students Distribute Naked Photos of Teacher

Students used social media to trick a teacher into sending a nude photo, which they shared. They would face Posting a Private Image for Harassment charges in Colorado.

Image Source: Pixabay-Concord90

If there was one piece of advice we could give to people in Denver, Aurora and Centennial, it would be: don’t send anyone private images and don’t keep someone else’s private photos. We have seen so many instances where sharing these photos ends up in criminal charges. Emotions are high and people are reactive. A perfect example is the embarrassment a teacher is feeling after being tricked by students into sharing a nude photo. According to the news report, the students misrepresented themselves on a social media site and tricked the teacher into giving them a naked photo. The students then shared the photo, leading to an investigation and subsequent arrests. If this had occurred in Denver County, Colorado, the teens would have to be over the age of 18 to be charged with Posting a Private Image for Harassment – the equivalent of what they were charged with in North Carolina.

Douglas County Posting a Private Image for Harassment Colorado Law Definition

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

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.

If the students were 18, this would apply, because they distributed a nude photo without the teacher’s consent. This statute is also known as the revenge porn law. If under 18, the students will face other charges, such as Harassment.

Adams County Revenge Porn Sentence / Penalty: Class 1 Misdemeanor in Jefferson County

As a class 1 misdemeanor in Adams and Jefferson County, Posting a Private Image for Harassment is punishable by 6 to 18 months in the Adams County Jail and up to $5,000 in fines.

If you or a loved one has been arrested or charged with 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 today. Together, we can protect your future.