Posting or sending private pictures of someone without their permission is unlawful in Denver. If these actions are done in an attempt to harass the subject of the photos, criminal charges often follow. This crime is also known as revenge porn as it sometimes involves a former lover seeking revenge by distributing pornographic images of their ex. There are several different elements to this offense, so consulting an experienced defense attorney is critical if you're facing allegations of posting a private image for harassment.
Denver Posting a Private Image for Harassment
Denver's posting a private image for harassment law prohibits publishing certain images on social media. C.R.S. 18-7-107 defines the specific violations throughout Colorado. An adult commits this crime in Denver, Lodo, or Cherry Creek if they:
- post or distribute,
- intimate images or videos online,
- without the subject's consent intending to harass them
Private parts in this law refer to genitals, perineum, anus, pubic area, or breast(s) of a female. While seeing images of yourself such as these on social media would be shocking, a key element of the offense is that alleged victim suffers serious emotional distress. When minors under the age 18 take similar actions, juvenile sexting laws come into play.
Is Revenge Porn a Misdemeanor in Colorado?
Actions of revenge porn are a class 1 misdemeanor throughout the state of Colorado. A conviction can result in:
- up to 18 months in county jail,
- fines of up to $10k
Revenge porn often involves other financial penalties as well due to the civil actions that are pursued. Additionally, criminal charges / penalties skyrocket if the alleged victim is under the age of 18.
Denver Posting a Private Image Attorney
Accusations of posting private images without consent are serious. The criminal and financial penalties are enough to significantly hinder your future. Securing a skilled criminal lawyer early on has many benefits and can also positively impact the outcome of the case. Perhaps you're facing a false allegation or the victim gave consent to the posting. Nevertheless, contact our firm for a free consultation. We will thoroughly look over your case, as well as suggest next steps. Our affordable fees and flexible payment plans make strategic representation a reality during these uncertain times.
So, if you or someone you know is facing a posting a private image for harassment charge, be smart. Contact Denver's top criminal defense lawyers at O'Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future.
Photo by Andrea Piacquadio