In a newly enacted law, a man in another state was convicted of “revenge porn.” He posted naked pictures of his ex-girlfriend on her employer’s Facebook page. While he did use an alias, it was proven that he posted the pictures and commented on them calling her “drunk” and a “slut.” He also suggested the company should fire her. He was sentenced to a year in jail with three years of probation following his incarceration and is required to complete Domestic Violence Treatment.
What is the Revenge Porn Law in Colorado?
This law is still a relatively new idea and only 13 states have or are in the process of passing a “revenge porn” law. In Larimer, Jackson and Boulder County, it is currently found under Colorado law C.R.S. 18-7-107, Posting a Private Image for Harassment. It’s definition 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 web site 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.
What is the punishment for this crime in Fort Collins?
Under the law, Revenge Porn is known as Posting a Private Image for Harassment.
In Fort Collins, Loveland and Estes Park, this crime is considered a class 1 misdemeanor with a potential jail sentence of 6 to 18 months and on top of the $500 to $1,000 fine associated with class 1 misdemeanors, the court can also impose up to $10,000 in fines to be credited to the victim compensation fund.
Just like in the case above, if the revenge porn image was posted against someone the accused had been in an intimate relationship with, the Domestic Violence sentence enhancer may be added to the Posting a Private Image for Harassment charge, which would result in harsher punishments, including DV treatment.