2014 Colorado Passes Two New Criminal Laws Punishing “Revenge Porn” 18-7-108 and Harassment 18-7-107

By H. Michael Steinberg Colorado Sex Crimes Criminal Defense Lawyer – Email The Author At [email protected]

2014 Colorado Passes Two New Criminal Laws Punishing “Revenge Porn” 18-7-108 and 18-7-107 – In a path breaking move – Colorado enacted a new law effective for crimes occurring on or after July 1, 2014, that punishes individuals for publishing “revenge porn” either for money or for – yes – revenge.

The important aspect of this crime is that it is NOT A SEX OFFENSE. The new law comes under a section of the Colorado criminal code known as Colorado’s Obscenity Laws. (Title 18 – Article 7. Offenses Relating to Morals)

The new law creates two new misdemeanor crimes. The possible sentence as a class 1 misdemeanor — is a sentencing range of six-to-eighteen months in county jail and a mandatory fine of at least $10,000.00.

The online posting of intimate pictures or videos of former sexual partners as a form or retribution or revenge has is nothing new – however recent very egregious cases have brought the issue to the public’s attention.

Colorado Is Not Alone In Passing A Revenge Porn Law

While Colorado was one of about two dozen states that studied revenge porn bills this year – only 9 states actually passed one of these laws. Colorado actually passed two different versions of the law.

The New Law Colorado House Bill creates TWO new laws – 18-7-107 and 18-7-108:

Here are the two new laws in their complete text – (I always recommend my clients read the law themselves and never rely on what others tell them about the language in Colorado’s ever changing criminal laws.)

§ 18-7-107 Posting a Private Image for Harassment – Definitions

(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.

(b) Posting a private image for harassment is a class 1 misdemeanor.

(c) Notwithstanding the provisions of section 18-1.3-501 (1) (a), in addition to any other sentence the court may impose, the court shall fine the defendant up to ten thousand dollars. The fines collected pursuant to this paragraph (b) shall be credited to the crime victim compensation fund created in section 24-4.1-117, C.R.S.

(2) It shall not be an offense under this section if the photograph, video, or image is related to a newsworthy event.

(3) Nothing in this section precludes punishment under any section of law providing for greater punishment.

(4) (a) An individual whose private intimate parts have been posted in accordance with this section may bring a civil action against the person who caused the posting of the private images and is entitled to injunctive relief, the greater of ten thousand dollars or actual damages incurred as a result of the posting of the private images, exemplary damages, and reasonable attorney’s fees and costs.

(b) An individual whose private intimate parts have been posted in accordance with this section shall retain a protectable right of authorship regarding the commercial use of the private image.

(5) Nothing in this section shall be construed to impose liability on the provider of an interactive computer service, as defined in 47 U.S.C. sec. 230 (f) (2), an information service, as defined in 47 U.S.C. sec. 153, or a telecommunications service, as defined in

(6) For purposes of this section, unless the context otherwise requires:

(a) “Newsworthy event” means a matter of public interest, public concern, or related to a public figure who is intimately involved in the resolution of important public questions, or by reason of his or her fame shape events in areas of concern to society.

(b) “Private intimate parts” means external genitalia or the perineum or the anus or the pubes of any person or the breast of a female.

(c) “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 web site profiles.

What If The Private Image Is Done For Money – Not Revenge? § 18-7-108. Posting a Private Image for Pecuniary Gain

In this case – the Colorado State Legislature created a different crime under a separate statute –

Here is the companion law:

§ 18-7-108. Posting a Private Image for Pecuniary Gain – Definitions

(1) (a) An actor who is eighteen years of age or older commits the offense of posting a private image for pecuniary gain if he or she posts or distributes through 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 obtain a pecuniary benefit from any person as a result of the posting, viewing, or removal of the private image; and

(II)

(A) When the actor has not obtained 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.

(b) Posting a private image for pecuniary gain is a class 1 misdemeanor.

(c) Notwithstanding the provisions of section 18-1.3-501 (1) (a), in addition to any other sentence the court may impose, the court shall fine the defendant up to ten thousand dollars. The fines collected pursuant to this paragraph (b) shall be credited to the crime victim compensation fund created in section 24-4.1-117, C.R.S.

(2) It shall not be an offense under this section if the photograph, video, or image is related to a newsworthy event.

(3) Nothing in this section precludes punishment under any section of law providing for greater punishment.

(4)(a) An individual whose private intimate parts have been posted in accordance with this section may bring a civil action against the person who caused the posting of the private images and is entitled to injunctive relief, the greater of ten thousand dollars or actual damages incurred as a result of the posting of the private images, exemplary damages, and reasonable attorney’s fees and costs.

(b) An individual whose private intimate parts have been posted in accordance with this section shall retain a protectable right of authorship regarding the commercial use of the private image.

(5) Nothing in this section shall be construed to impose liability on the provider of an interactive computer service, as defined in 47 U.S.C. sec. 230 (f) (2), an information service, as defined in 47 U.S.C. sec. 153, or a telecommunications service, as defined in 47 U.S.C. sec. 153, for content provided by another person.

(6) For purposes of this section, unless the context otherwise requires:

(a) “Newsworthy event” means a matter of public interest, public concern, or related to a public figure who is intimately involved in the resolution of important public questions, or by reason of his or her fame shape events in areas of concern to society.

(b) “Private intimate parts” means external genitalia or the perineum or the anus or the pubes of any person or the breast of a female.

(c) “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 web site profiles.

Other Colorado Crimes Intended To Punish This Conduct – (Also Recently Enacted ) § 18-7-801. Criminal Invasion of Privacy

§ 18-7-801 Criminal Invasion of Privacy

(1) A person who knowingly observes or takes a photograph of another person’s intimate parts, as defined in section 18-3-401

(2) without that person’s consent, in a situation where the person observed or photographed has a reasonable expectation of privacy, commits criminal invasion of privacy.

(2) Criminal invasion of privacy is a class 2 misdemeanor.

(3) For the purposes of this section, “photograph” includes a photograph, motion picture, videotape, live feed, print, negative, slide, or other mechanically, electronically, digitally, or chemically reproduced visual material.

§ 18-7-301 Public indecency

§ 18-7-302 Indecent exposure

and § 18-7-102 Obscenity

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ABOUT THE AUTHOR: H. Michael Steinberg – Email The Author at [email protected] – A Denver Colorado Sex Crimes Criminal Defense Lawyer – or call his office at 303-627-7777 during business hours – or call his cell if you cannot wait and need his immediate assistance – 720-220-2277.

If you are charged with A Colorado crime or you have questions about the topic of this article – 2014 Colorado Passes Two New Criminal Laws Punishing “Revenge Porn” 18-7-108 and Harassment 18-7-107, please call our office. The Law Offices of H. Michael Steinberg, in Denver, Colorado, provide criminal defense clients with effective, efficient, intelligent and strong legal advocacy. We can educate you and help you navigate the stressful and complex legal process related to your criminal defense issue.

H. Michael Steinberg, is a Denver, Colorado criminal defense lawyer with over 40 years of day to day courtroom experience – specializing in Colorado Criminal Law along the Front Range. He will provide you with a free initial case consultation to evaluate your legal issues and to answer your questions with an honest assessment of your options. Remember, it costs NOTHING to discuss your case. Call now for an immediate free phone consultation.

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Colorado Defense Lawyer H. Michael Steinberg provides solid criminal defense for clients throughout the Front Range of Colorado – including the City and County courts of Adams County, Arapahoe County, City and County of Boulder, City and County of Broomfield, City and County of Denver, Douglas County, El Paso County – Colorado Springs, Gilpin County, Jefferson County, Larimer County, and Weld County,…. and all the other cities and counties of Colorado along the I-25 Corridor… on cases involving the subject of this article -2014 Colorado Passes Two New Criminal Laws Punishing “Revenge Porn” 18-7-108 and Harassment 18-7-107.