Colorado prosecutes the sharing of intimate images without consent under two related statutes: C.R.S. § 18-7-107 (Posting a Private Image for Harassment) and C.R.S. § 18-7-108 (Posting a Private Image for Pecuniary Gain). Both apply when an adult discloses or distributes a photograph, video, or other image showing another identifiable adult’s private intimate parts, or an image depicting sexual acts, through social media, a website, or other electronic means. These charges are filed regularly in Larimer County Courts, often arising from breakups, custody disputes, or online extortion schemes.
Lawyer for Disclosing a Private Image Case in Fort Collins: What the Prosecution Must Prove
Under § 18-7-107 (Posting a Private Image for Harassment), the district attorney must show the image was disclosed without the depicted person’s consent, or that the person believed it would remain private, with intent to harass, intimidate, or coerce, and that the disclosure caused serious emotional distress. Under § 18-7-108 (Posting a Private Image for Pecuniary Gain), the prosecution must instead show intent to obtain money or something of value from the posting, viewing, or removal of the image. Neither statute requires proof that the image is authentic. Colorado law treats real and digitally altered or simulated images the same way.
What is the Penalty for Posting a Private Image in Larimer County?
Both offenses are typically charged as class 1 misdemeanors, carrying up to 364 days in jail and a fine, plus mandatory additional fines. When the disclosure poses an imminent and serious threat to the safety of the depicted person or their family, the charge can be elevated to a class 6 felony, exposing a defendant to a sentence to the Colorado Department of Corrections.
Fort Collins Disclosing a Private Image Attorney: Steps to Take Before Your First Court Date
Preserve every digital communication connected to the allegation, like texts, direct messages, screenshots, and metadata, before devices are reset or accounts deleted. Avoid contacting the alleged victim directly, since additional messages can be used against you and may trigger a protection order violation. Call an expert criminal defense attorney as soon as possible. Early representation can make all the difference!
If you’ve been charged with Posting a Private Image, 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 JÉSHOOTS