Fort Collins Revenge Porn Attorney
Beware the Civil Consequences for Posting a Private Image for Harassment 

Women have started copyrighting their private images so they can civilly sue for copyright infringement. This means along with the revenge porn charges, you could face serious financial consequences.

Revenge porn or Posting a Private Image for Harassment is charged when a person posts a photo of someone else where their intimate parts are exposed and the posting causes emotional distress to the person depicted. It’s common for these cases to arise out of a messy breakup. While criminal charges can arise from these actions, there is a trend arising where victims are copyrighting the images to sue for copyright infringement. This means, in Fort Collins and Larimer County, you could not only be facing the misdemeanor criminal charge related to the posting, you could be civilly sued for a significant amount of money, beyond the fines and restitution related to the criminal case. The sites hosting the images can also be part of the lawsuit for copyright infringement as well.  

Larimer County Posting a Private Image for Harassment Lawyer: Definition of Revenge Porn / Posting a Private Image for Harassment 

The Larimer and Boulder County, Colorado law definition of Posting a Private Image for Harassment – C.R.S. 18-7-107 – is: 

(1) (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: 

(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.

Usually, this crime is charged for posting the image without consent and the posting causes emotional distress.  

Sentence for Posting a Private Image for Harassment in Loveland and Boulder 

As a class 1 misdemeanor in Fort Collins, Loveland, and Boulder, Posting a Private Image for Harassment is punishable by 6 to 18 months in the Larimer County Jail and up to $10,000 in fines. Again, these are not the same as any civil suits that the victim can bring against you. 

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 your free consultation. Together, we can protect your future.