Posting a Private Image for Harassment, or Revenge Porn, is charged when someone posts an image that exposes another’s private parts on the internet to harass the person. Commonly, when a person hears the term Revenge Porn, they think of someone posting their ex’s nudes to get back at them. And when I say nudes – I mean full nudity. Pictures or videos that show EVERYTHING. However, the Colorado Court of Appeals recently made a decision that the image doesn’t even need to show all of an intimate part. According to the article, a man was convicted of Posting a Private Image for Harassment and he appealed the guilty verdict, stating that the picture that was posted did not show the alleged victim’s entire breast, just the side of her right breast. The court decided that had legislators meant the image had to include the entire breast, it would have specifically stated that. Instead, it says ‘breast of a female’ which apparently means not very much skin has to show to meet the terms of the statute.
What is Posting a Private Image for Harassment in Larimer County, Colorado?
The Larimer County, Colorado law definition of Posting a Private Image for Harassment – C.R.S. 18-7-107 – is:
(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 or an image displaying sexual acts of an identified or identifiable person:
(I) With the intent to harass, intimidate, or coerce 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.
So, there are 4 parts to this statute:
- Post an image/ video showing someone’s private parts online;
- For harassment, intimidation or coercion;
- Without consent or knowing that the image was a private image;
- Causing emotional distress.
Partial Nudity Means Posting a Private Image for Harassment in Loveland and Estes Park?
This could have crazy consequences for someone in Fort Collins, Loveland, and Estes Park. What if your ex is mad at you for breaking up with her and she sees a picture you have on your Instagram where she was in her very skimpy bikini top in your backyard. Could she claim that she feels harassed that you posted the picture, it’s causing her emotional distress, and that she thought it was a private image or didn’t know the picture had been taken? Based on the statements made by the court, she might be able to. Then who is getting the revenge?
If you or someone you love has been 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 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
Photo by Alex Green