I recently read a news article about a woman charged with Posting a Private Image for Harassment after sending out naked pictures of her ex-boyfriend’s new girlfriend. I initially wondered how the heck the ex-girlfriend got those pictures! According to the news report, the ex-boyfriend and new girlfriend were moving out of his mom’s house and had to leave behind a phone the mom paid for. The ex-girlfriend came over to visit with the mom and found the phone. She texted the explicit photos she found on the phone to the new girlfriend’s family and friends. When the new girlfriend started getting messages asking why she would send those photos out, she knew there was a problem. Police arrested the ex-girlfriend for Posting a Private Image for Harassment and her bond was set at $5,000.
Larimer County Posting a Private Image for Harassment Lawyer | What is the Definition of Posting a Private Image?
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.
After reading the definition, it might not seem like the ex-girlfriend actually committed Posting a Private Image for Harassment because she only texted the photos and didn’t post them to Facebook, Twitter, Instagram or any other website. However, the law defines ‘Social Media’ as:
Under this definition, texting would be considered social media and therefore, the actions of the ex-girlfriend could meet the elements of this crime.
[pullquote align=”center” textalign=”center” width=”100%”]Have you been charged with Posting a Private Image for Harassment? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
Fort Collins Posting a Private Image Attorney | What is the Sentence / Punishment?
As a class 1 misdemeanor in Fort Collins, Loveland, and Estes Park, Posting a Private Image for Harassment is punishable by 6 to 18 months in county jail. This jail sentence could be served in the Larimer, Boulder, or Grand County Jail depending on where you were charged.