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Revenge Porn Laws in Colorado

When it comes to modern couples, romantic relationships often involve expressing intimate feelings toward one another through texts, e-mails, or even messengers from social media platforms. Such exchanges can also involve sharing nude or sexually suggested photos or videos back and forth. 

Unfortunately, when the relationship ends, it is not uncommon for one of the parties to share private images and recordings with their ex-partner's family, close friends, or even publicly for the world to see. This type of behavior is commonly known as “revenge porn.” 

In 2014, Colorado enacted House Bill 14-1378, which makes it a crime for someone who is at least 18 years of age to distribute or otherwise post photos or videos of the intimate parts of another identifiable individual who is 18 or older – without the depicted party’s consent. The alleged offender must have an intent to harass or inflict distress on the other person or have knowledge that the other person expected that such images would stay private. 

However, there were a few loopholes to the law, which were resolved after state lawmakers passed House Bill 18-1264 in 2018. The updated law includes images of sexual acts that do not show nudity, eliminates the requirement that the defendant must have an intent to cause serious emotional distress, and eliminates an exception for images that are considered a “newsworthy event.” 

Getting convicted of revenge porn – or posting a private image for harassment or pecuniary gain – is a Class 1 misdemeanor that carries a jail term of up to 18 months and a maximum fine of $10,000. The fine is significantly more expensive than a standard fine associated with such a misdemeanor because the state wants to emphasize that such behavior is not tolerated. 

Furthermore, victims of revenge porn can now pursue civil damages after Senate Bill 100 was enacted last year. In August 2020, a Denver District Court judge awarded a plaintiff $40,000 in the first civil trial related to the 2019 revenge porn law. 

If you have been accused of committing a sex crime in Denver, contact the Law Offices of David L. Owen, Jr., P.C. today at (303) 622-3281 for a free initial consultation.  

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