Posting or distributing photos of the intimate parts of another identifiable person who is 18 years or older, without the person’s consent, is a criminal offense under Colorado House Bill 14-1378. This is commonly referred to as Colorado’s “revenge porn” law.
Revenge porn is a class 1 misdemeanor, punishable by
Revenge porn involves posting or distributing intimate photos of people without their consent with the intention of harassing or upsetting them.
1. What is Revenge Porn?
Revenge porn occurs when an adult 18 or older posts or distributes intimate images or videos on social media or online for the purpose of
harassing,
intimidating, or
coercing,
the person depicted in the images or videos.
To be convicted of the crime of posting a private image for harassment, the prosecutor has to prove the following elements:
The defendant posted the pictures without the permission of the depicted person, or the defendant should have been aware that the depicted person had a reasonable expectation to believe that the images would remain private; and
The defendant’s conduct resulted in serious emotional distress upon the depicted person; and
The images must contain the private, intimate parts of an identified or identifiable person who is also 18 or older. If there is no nudity, then the images must contain sex acts.
“Private intimate parts” are referred to as a person’s:
external genitalia,
perineum,
anus,
pubes, or
breast (of a female).1
2. What are the penalties for posting revenge porn?
Posting a private image is a class 1 misdemeanor. A conviction for posting revenge porn may result in penalties of
up to 364 days in jail and
a mandatory fine of up to $10,000.
This fine is substantially more costly than the standard $1,000 fine associated with most class 1 misdemeanors. Lawmakers made the fine more costly in order to emphasize that the state does not tolerate this behavior.
In addition, the court can order the defendant to take down the images. And the victim can sue the defendant for money damages, including attorney fees and court costs.2
3. What are the defenses to revenge porn charges?
Common defenses to revenge porn charges are:
The defendant was falsely accused, perhaps out of anger or a misunderstanding.
The victim fully consented to the posting, which might be proven by text messages or voicemails left by the victim.
It is unclear who posted the image, which is often the case when the image was shared with multiple people.
Note that it is not a defense that the image was newsworthy.3
4. Can the record be sealed?
Yes. Revenge porn convictions can be sealed from your criminal record three years after the case ends.
Note that if your charge gets dismissed, then there is no wait to petition the court for a record seal.4 Learn more about Colorado record seal laws.
5. History of Colorado’s revenge porn laws
Prior to 2014, revenge porn victims’ only recourse was to sue for
defamation,
invasion of privacy, and/or
negligence.
Then the Colorado Legislature passed House Bill 14-1378, which made revenge porn a crime by creating
CRS 18-7-107 – Posting a private image for harassment; and
CRS 18-7-108 – Posting a private image for pecuniary gain.
Four years later in 2018, the Colorado Legislature passed House Bill 18-1264 to amend the revenge porn laws:
Revenge porn now includes pictures of sexual acts even if the people depicted are clothed.
There is no longer an exception for posting images that are related to a “newsworthy event.”5
Even with revenge porn now being a crime, many victims choose not to come forward for fear of losing anonymity.
6. Related Offenses
Posting a Private Image for Pecuniary Gain C.R.S. 18-7-108
Posting a private image of someone else online with the intent of receiving money in exchange is a criminal offense in Colorado. Often this is done by hackers attempting to extort (“blackmail”) the victim.
CRS 18-7-108 is nearly identical to CRS 18-7-107, except that there is no requirement for prosecutors to prove that the defendant’s conduct caused the victim serious emotional distress.
Posting a private image for pecuniary gain is classified as a class 1 misdemeanor, which carries penalties of
up to 364 days in jail and
a fine of up to $10,000.
Call us for help…
If you are facing criminal charges for posting a private image for harassment, please contact us at the Colorado Legal Defense Group.
