In Greeley and throughout Weld County, Colorado, texting or posting a nude or sexual image of another person for the sake of getting back at them – also known as “revenge porn” – is explicitly defined as a criminal offense under C.R.S. 18-7-107, Posting a Private Image for Harassment. Earlier this year, former Denver Broncos linebacker Von Miller found himself in hot water when an ex-girlfriend filed a lawsuit against him, complaining that he had shared an explicit photo of her in 2020 with two other celebrities. The anonymous woman claimed that she and Miller had taken photos of themselves while engaged in sexual acts with the agreement that they were private and would not be shared with other people. She also stated that in his anger, Miller shared the photo of her as an act of “revenge porn.” This woman filed a civil lawsuit; however, sharing private images as an act of revenge can also be charged as a crime in Colorado under C.R.S. 18-7-107.
How Does Greeley and Weld County Define Posting a Private Image for Harassment?
Greeley, Severance, and other cities within Weld County, Colorado define Posting a Private Image for Harassment, C.R.S. 18-7-107 as:
(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 or an image displaying sexual acts of an identified or identifiable person:
(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.
In other words, Posting a Private Image for Harassment is charged when an adult posts an image of someone nude and / or engaged in a sexual act in effort to blackmail the person in the photo or seek revenge against them.
What Makes Posting a Private Image for Harassment Different from Posting a Private Image for Pecuniary Gain in Greeley, Colorado?
What distinguishes Posting a Private Image for Harassment from similar charges is intent. Someone charged with Posting a Private Image for Harassment did so as an act of retaliation against the depicted person without express consent to cause emotional distress. If the person instead posted the image for monetary profit, they would instead be charged under C.R.S. 18-7-108, Posting a Private Image for Pecuniary Gain. These two charges are similar in that the explicit photo was posted without consent, yet they differ in motive.
What is the Definition of a Private Image, C.R.S. 18-7-107 in Greeley, Colorado, Courts?
Previously, Colorado law only defined a “private image” as a photo that depicted a fully nude man or woman with all intimate parts clearly visible. Now, C.R.S. 18-7-107 takes great care to define the terms “sexual acts,” “image,” “private intimate parts,” and even “social media”:
(6) For purposes of this section, unless the context otherwise requires:
(a) “Displaying sexual acts” means any display of sexual acts even if the private intimate parts are not visible in the image.
(b) “Image” means a photograph, film, videotape, recording, digital file, or other reproduction.
(c) “Private intimate parts” means external genitalia or the perineum or the anus or the pubes of any person or the breast of a female.
(d) “Sexual acts” means sexual intrusion or sexual penetration as defined by section 18-3-401.
(e) “Social media” means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content, including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.
It no longer matters if the person depicted is nude. If they are partially or fully clothed, but engaged in a sexual act, the person who posted the photo can still be charged with Posting a Private Image for Harassment, so long as they were found to have done so for the purpose of revenge or to cause emotional anguish for the person in the photo.
What is the Sentence for a Posting a Private Image for Harassment Charge in Weld County, Colorado?
Posting a Private Image for Harassment is considered a class 1 misdemeanor under C.R.S. 18-7-107. Many class 1 misdemeanors carry fines of up to $1,000 and / or 364 days of Weld County Jail time. Posting a Private Image for Harassment, however, carries the same potential jail time sentence and / or up to $10,000 worth of fines. Additionally, section 3 states that “Nothing in this section precludes punishment under any section of law providing for greater punishment.” In other words, just because a person has been charged with this crime does not mean that they cannot also be charged with a more serious crime if the court finds sufficient grounds to do so. If this is the case, the person facing the charge can find themselves facing tens of thousands of dollars of fines, a lengthy jail sentence, and other punishments, depending on the nature of the other charges.
The specificity of this law underscores how vital it is to seek legal counsel immediately following a Harassment charge. If you have been charged with Posting a Private Image for Harassment, our experienced criminal defense lawyers can help you avoid additional, more serious charges, jail or prison time, and other permanently life-altering consequences.
Are you facing a Posting a Private Image for Harassment charge? Get in contact with a lawyer with decades of experience at the O’Malley Law Office today at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
The location for the Weld County Courthouse is 901 9th Avenue, Greeley, Colorado. We’ll see you there!
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