C.R.S. § 18-7-107: Formerly Posting a Private Image for Harassment, now Disclosing a Private Intimate Image or Intimate Digital Depiction for Harassment
Colorado has updated its revenge porn law addressing the nonconsensual sharing of intimate images, often referred to as “revenge porn.” These changes significantly expand criminal liability and reflect how technology, social media, and artificial intelligence are now used to harm others.
If you live in Larimer County, including Fort Collins, Loveland, Estes Park, Wellington, Berthoud, Timnath, Red Feather Lakes, or Laporte, and are facing allegations under this statute, it is critical to understand how the law has changed and what prosecutors must prove.
What Is Disclosing a Private Intimate Image or Intimate Digital Depiction for Harassment? A Fort Collins Revenge Porn Attorney Explains
Disclosing a Private Intimate Image or Intimate Digital Depiction for Harassment – C.R.S. § 18-7-107 – makes it a crime to disclose, or threaten to disclose, a private intimate image or intimate digital depiction of another person without consent, when done to harass, intimidate, or coerce, or when the person knew or should have known that harm would result.
The statute used to focus primarily on public posting of real images. The updated law now goes much further.
Key New Aspects of the Disclosing a Private Intimate Image or Intimate Digital Depiction for Harassment in Loveland and Estes Park
1. “Disclosure” Is No Longer Limited to Public Posting
Under the revised statute, the offense is no longer limited to posting images on websites or social media platforms. Instead, it covers any disclosure, including:
- Text messages
- Direct messages on social media
- Private group chats
- File-sharing platforms
In Larimer County, this means an accusation can arise even when an image is sent privately to a single person, not just when it is made publicly accessible.
The law also criminalizes threats to disclose an intimate image, even if the image is never actually shared.
2. AI Images and “Deepfakes” Are Now Explicitly Covered
One of the most significant changes is the inclusion of “intimate digital depictions.” This means the image does not need to be a real photograph or video.
The statute now includes:
- Digitally created images
- AI-generated images or videos
- Deepfakes that realistically depict a real person in a sexual or intimate manner
Even if no original intimate image ever existed, creating or sharing a realistic digital depiction of a real person can lead to criminal charges in Larimer County.
3. Broader Definition of Harm
Previously, prosecutors had to prove that the disclosure caused serious emotional distress. The updated statute broadens this requirement.
Now, the prosecution may rely on evidence of:
- Emotional harm
- Physical harm
- Reputational harm
This change lowers the threshold for the state and makes these cases easier to charge and prosecute in Larimer County courts, including Fort Collins and Loveland County Court.
Criminal Penalties for Revenge Porn Disclosing a Private Intimate Image or Intimate Digital Depiction for Harassment in Larimer County
Class 1 Misdemeanor
Most violations of C.R.S. § 18-7-107 are charged as a Class 1 misdemeanor, which is the most serious misdemeanor level in Colorado.
Potential penalties include:
- Up to 364 days in the Larimer County Jail
- Fines up to $10,000
- Mandatory victim compensation surcharges
- Probation with strict conditions, including no-contact orders
Even misdemeanor convictions can have lasting consequences for employment, housing, and professional licenses.
Class 6 Felony Enhancement
The statute allows for felony charges when the disclosure or threatened disclosure:
- Creates an imminent and serious threat to the safety of the victim or their immediate family, or
- Interferes with a governmental or legal proceeding
A Class 6 felony can expose a defendant to:
- Time in the Colorado Department of Corrections
- Mandatory parole
- Permanent felony record
Felony cases are filed in Larimer County District Court and carry significantly higher stakes.
Loveland Disclosing a Private Intimate Image or Intimate Digital Depiction for Harassment Attorney: What Is Not a Defense Under the New Revenge Porn Law?
Under the updated statute:
- It is not a defense that the image is digitally altered or AI-generated
- It is not a defense that the image was never publicly posted
- It is not a defense that the image was shared with only one person
These limitations make early legal representation especially important.
If you or someone you love has been charged with Disclosing a Private Intimate Image or Intimate Digital Depiction 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 Mateusz Dach