Breakups and relationship conflicts can bring out the worst in people, and in the age of smartphones, that often means private photos end up in the wrong hands or get shared out of spite. It’s common for Disclosing a Private Image cases to arise out of a messy breakup, often when an ex posts intimate photos online to inflict emotional pain on the other person. In Fort Collins and throughout Larimer County, this conduct is criminally charged under Colorado’s “revenge porn” law, and the consequences are more serious than many people expect.
Larimer County Disclosing a Private Image Attorney: What the Law Prohibits
Disclosing a Private Image for Harassment, C.R.S. 18-7-107, is charged when an adult, without the depicted person’s consent, posts a picture of another identifiable adult’s intimate parts or of that adult engaging in a sexual act. To support this charge, prosecutors generally must show the image was posted with the intent to harass the depicted person and inflict serious emotional distress, that it was posted without consent or in circumstances where the poster knew or should have known the depicted person expected the image to remain private, and that the Disclosing actually caused serious emotional distress to that person.
It’s worth noting that the law covers more than just photographs taken consensually and later shared out of spite. Colorado law specifically states that it is not a defense that the image was partially digitally created or altered, or that the depicted intimate parts were digitally created or altered.
How Disclosing a Private Image for Harassment Cases Typically Arise in Loveland and Estes Park
Many of these cases stem from personal relationships gone wrong. Online platforms like Facebook, Twitter, Instagram, and YouTube make it easy for someone to share an image widely within minutes, often before the person depicted even realizes what’s happened. Sometimes the person Disclosing the image isn’t even the one who originally received it. Images can be found on a shared device, sent along by a third party, or otherwise obtained and distributed by someone other than the original recipient.
What Are the Penalties for a Conviction of Disclosing a Private Image?
This charge is taken seriously in Larimer County. Disclosing a Private Image for Harassment is a class 1 misdemeanor, but unlike most misdemeanors, it carries a fine of up to $10,000. A conviction can also result in up to 364 days in county jail, to be served in the Larimer County Jail. If certain aggravating factors occur, this crime can be up-charged to a class 6 felony.
Why This Charge Deserves Serious Attention
Whether the case stems from a breakup, a shared device, or photos that were never meant to leave a private conversation, a charge under this statute can move quickly from a personal dispute to a criminal case with real jail time and substantial fines on the line. Anyone facing this type of investigation or charge in Fort Collins or Larimer County should understand exactly what the prosecution must prove and what is at stake before taking any further steps.
If you or someone you love has been charged with Disclosing 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 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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