In Denver, Revenge Porn is a common term for the Posting a Private Image for Harassment, and is charged when someone posts an image on social media displaying the intimate parts of another without their permission. Recently, a grandmother wanted to get some revenge, so she accessed her son's cell phone and took intimate photos of his ex-girlfriend. She then made copies, snuck into her granddaughter's high school (where the victim's child attended as well) and scattered copies of the nude photo around. Interestingly, I'm not sure the Colorado Revenge Porn law would apply in this situation. Seems silly, since what the grandmother did was distribute pornographic images for revenge, but based on the language of the law, it doesn't seem to apply. Let's take a closer look at the law to find out why.

Facing Revenge Porn charges?

Douglas County Posting a Private Image for Harassment Definition: Arapahoe County's Revenge Porn Law

The Douglas and Arapahoe County, Colorado law definition of Posting a Private Image for Harassment – C.R.S. 18-7-107 – 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 website 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.”

As you can see, a vital part of this statue is distributing the image through social media. While the grandmother's actions meet the criteria for every other part of the statute, because she did not distribute the image through social media, she could not face Posting a Private Image for Harassment or Revenge Porn in Adams or Jefferson County.

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If you or a loved one has been charged with Posting a Private Image for Harassment or Revenge Porn, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880 to schedule a free consultation. Together, we can protect your future.Request a Free Consultation

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