Fort Collins Posting a Private Image Lawyer Larimer County Revenge Porn Attorney
Often, relationship break-ups bring out the worst in people. Emotions run high and revenge tends to be a tactic a scorned ex-lover will take after a messy split. A new, common way this revenge is taken is called Revenge Porn. There are two Colorado statutes that address Revenge Porn: Posting a Private Image for Harassment and Posting a Private Image for Pecuniary Gain. These crimes are charged when a person posts an explicit photo of someone else online, without their permission.
Other Crimes Against a Person
Larimer County Posting a Private Image for Harassment Definition
The Colorado law definition of Posting a Private Image for Harassment – C.R.S. 18-7-107 – is:
(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.
Online platforms like Facebook, Twitter, Instagram and YouTube make it very easy for a person to share anything they want. If someone posts a picture or video that was meant to be private and exposes another person’s intimate parts, the poster could be charged with this crime. Basically, there are five specific elements of this statute that must be met in order to charge this crime:
Uses social media
Posts a photo or video displaying intimate parts
Intent to bother or cause emotional distress
The image was meant to be private, or a lack of consent
Posting the image caused emotional distress
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Loveland Posting a Private Image for Pecuniary Gain Definition
Colorado law has also enacted a similar law, which criminalizes posting an explicit picture of someone else for money. The Colorado law definition of Posting a Private Image for Pecuniary Gain – C.R.S. 18-7-108 – is:
(I) With the intent to obtain a pecuniary benefit from any person as a result of the posting, viewing, or removal of the private image; and
(II) (A) When the actor has not obtained 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.
Really, intent is the only difference between these two crimes. With Posting a Private Image for Harassment, the actor’s intent must be to harass or cause emotional distress. The intent for Posting an Image for Pecuniary Gain is to gain a monetary benefit.
Fort Collins Revenge Porn: What are the Vital Definitions?
There are some important terms to know in order to better understand the Posting an Image for Harassment and Posting an Image for Pecuniary Gain laws:
Term | Definition |
Private Intimate Parts: | external genitalia or the perineum or the anus or the pubes of any person or the breast of a female |
Social Media: | any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content, including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet web site profiles. |
It is essential to note that sharing a private photo exposing someone’s private parts through a text message would also fall under the Revenge Porn statute.
Posting a Private Image in Boulder County: What is the Sentence / Penalty?
As a class 1 misdemeanor in Larimer, Boulder, and Broomfield County, Posting a Private Image for Harassment and Posting a Private Image for Pecuniary Gain is punishable by 6 to 18 month confinement in the Larimer County Jail and up to $5,000 in fines. This charge and punishment would only apply if the pictures or videos posted depict the intimate parts of a person over the age of 18. If the pictures are of a person under the age of 18, it could be considered Child Pornography and the much harsher Sexual Exploitation of a Child crime could be charged.
Revenge Porn in Estes Park: A Lawyer’s Real World Example
Many of the Revenge Porn cases we see in Fort Collins, Loveland, and Estes Park are charged as Posting a Private Image for Harassment. They seem to mostly stem from a break-up or a need for retaliation. A boyfriend finds out his girlfriend cheated on him and posts some of her ‘sexts’ to him on twitter. These sexts were sent to the boyfriend while the two were in a happy relationship but he later used them to get back at her for cheating. We have also seen situations where an ex-wife posts some explicit pictures she took of her husband after divorce proceedings did not go her way. With both situations, the criminal charges stemmed from a moment of anger or hurt. Remember, once something is posted on the internet or sent out via text, it can’t be taken back. If you are facing one of these charges, contact the experienced criminal defense attorneys from the O’Malley Law Office immediately. We are here to help protect you.