Posting a Private Image for Harassment is charged in Fort Collins and Larimer County when a person puts a picture of another person online, where their intimate parts are exposed and they did not consent to their image being posted. A Colorado police officer was recently arrested and charged with this crime after a woman noticed images she had sent him were posted to his Tumblr page. She reported this to law enforcement, claiming that the images were supposed to stay private and that she didn’t consent to the image being posted. Upon his arrest, the officer stated that he did not know the images were supposed to remain private. Unless you have specific consent in writing, I think it’s best just to assume someone wouldn’t want it posted. Even if they tell you verbally it’s fine, you never know how the story will flip if you have a falling out and there are hard feelings.
Larimer County Posting a Private Image for Harassment Lawyer: Definition of Posting a Private Image for Harassment in Colorado
The Larimer County, Colorado law definition of Posting a Private Image for Harassment – C.R.S. 18-7-107 – is:
(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.
Basically, all someone has to say to law enforcement is that they didn’t tell you that you could post the pictures, the pictures were private and that posting them has caused them to be upset and this crime can be charged. Posting a Private Image for Harassment is often referred to Revenge Porn, however, revenge doesn’t have to be a motivation. There does, however, have to be an intent to harass, intimidate or coerce the person.
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 initial consultation. Together, we can protect your future.
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