Posting a Private Image for Harassment and Posting a Private Image for Pecuniary Gain in Denver, Colorado
In the Denver area and all of Colorado, men and women seek revenge when they are dumped in a relationship. The deeper the hurt, the deeper the desire to get back at someone. If a woman cheats on a man, he might want to embarrass her. If the man shames the woman and hurts her feelings, she might want to accuse him of sexual assault (we’ve seen dozens of these cases). Colorado has two crimes which are based in the breakup of relationships: Posting a Private Image for Pecuniary Gain and Posting a Private Image for Harassment. They are very similar. Let’s discuss the definition of each and learn what NOT to do following a break-up.
Jefferson County Court – Posting a Private Image for Pecuniary Gain in Adams County
In Jefferson County, Colorado, lawyers occasionally run into charges of the misdemeanor charge of Posting a Private Image for Pecuniary Gain. This crime involves the act of uploading a sexual image of someone, without their permission. We have heard many people in the nonlaw world refer to this crime, and the Harassment version, as revenge porn. The motive is generally revenge / embarrassment, and sometimes with the desire to get money or something else. For example, a woman posts an intimate photo of her ex-boyfriend, and says she will only take it down if he agrees to pay the final month’s rent on their apartment.
More specifically, Posting a Private Image for Pecuniary Gain has the following definition:
- 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 website any photograph, video, or other image displaying the private intimate parts of an identified or identifiable person eighteen years of age or older:
- 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
- When the actor has not obtained the depicted person’s consent; or
- When the actor knew or should have known that the depicted person had a reasonable expectation that the image would remain private.”
C.R.S. 18-7-108.
Douglas County Lawyer: Posting a Private Image for Harassment / Revenge Porn
In Castle Rock and Parker, Colorado, Posting a Private Image for Harassment / Revenge Porn, involves nearly identical conduct as the Pecuniary Gain version of this law. Here is the definition, so you can identify the differences:
- 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:
- With the intent to harass the depicted person and inflict serious emotional distress upon the depicted person;
- Without the depicted person’s consent; or
- When the actor knew or should have known that the depicted person had a reasonable expectation that the image would remain private; and
- The conduct results in serious emotional distress of the depicted person.”
Whether for Pecuniary Gain or Harassment, people post nude images of former lovers with one of two things in mind: money or revenge. These laws are an attempt to curb this unattractive habit an get people to deal with each other in a more self controlled manner. The embarrassment of having nude / sexually explicit images of yourself on-line, can be very significant to your reputation, job and even physical security.
These crimes both require that the alleged victim be eighteen years of age or older, and that their private parts be visible. Just what are private intimate parts under these Colorado laws? The images must include the external genitalia, perineum, anus, or the pubes or breast of a female.
Criminal Defense Lawyer for Posting a Private Image for Harassment and Posting a Private Image for Pecuniary Gain in Arapahoe and Adams County, Colorado
Each of these crimes are a misdemeanor in Arapahoe County and Adams County. A judge can sentence you to a jail sentence maximum of 18 months in the Arapahoe County Jail, along with probation, fines, court costs and restitution. Also, a criminal record can limit your opportunities to find a job or get housing. The internet makes finding a criminal record especially easy. In a competitive job market, this can make a big difference. If you have been accused of Posting a Private Image for Pecuniary Gain or Posting a Private Image for Harassment, never give a statement to police. They must prove you posted the image – not someone else. Next, call our attorneys 1-866-365-9351 for a free consultation meeting. Together, we can protect your future.
Image Credit: Pixabay – Pexels