Colorado Revenge Porn Laws

Revenge porn, also known as non-consensual pornography, is a form of online harassment that involves the distribution of sexually explicit images or videos without the consent of the person depicted. In recent years, the issue of revenge porn has gained significant attention, and as a result, several states in the United States have passed laws criminalizing the behavior.

Colorado Revenge Porn Laws

Revenge porn laws are state-specific. As of 2021, at least 46 states have passed revenge porn laws, and the District of Columbia has also criminalized the behavior. Under Colorado law, it is illegal to distribute, disseminate, or display any intimate images of another person without their consent. This includes any images that depict nudity or sexual activity, as well as any images that are intended to cause emotional distress or harm to the person depicted.

Criminal Penalties for Revenge Porn

If convicted of distributing non-consensual pornography in Colorado, they can face criminal charges. The severity of the charges depends on the circumstances of the offense. The penalties can include fines, jail time, and other criminal sanctions. The offense is typically charged as a Class 6 felony, which can carry a sentence of up to 18 months in prison and a $100,000 fine. However, if the victim is under 18 years old, the offender can face more severe penalties. Additionally, if the offender distributes the images with the intent to harass, intimidate, or retaliate against the victim, they may face harsher penalties. Furthermore, anyone who knowingly aids, abets, or assists in the distribution of non-consensual pornography can also face criminal charges.

Protective Measures for Victims of Revenge Porn in Colorado

Protective Orders

Victims of revenge porn can seek protective orders from the court. These orders can prohibit the offender from contacting them, entering their home or workplace, and publishing additional non-consensual pornography. Violating a protective order can result in further criminal charges.

Removal of Content

Colorado has a law that requires website operators to remove revenge porn within 48 hours of receiving a request from the victim or their representative. Failure to comply with this law can result in civil penalties.

Counseling and Legal Assistance

Colorado has resources available to help victims find counseling, support services and legal assistance, including victim advocates, community-based organizations, and legal aid organizations.

Civil Cases for Revenge Porn

Revenge porn is a serious offense that can have severe consequences. As a result, Colorado also allows victims to seek civil remedies. This means that they can sue the individual who distributed the non-consensual pornography for damages related to the content’s distribution, such as the following:

• Compensatory damages: Compensatory damages in Colorado can include damages for emotional distress, loss of income or job opportunities, and medical expenses related to the harm caused by revenge porn.
• Punitive damages: Punitive damages are intended to punish the offender if their actions were particularly egregious or malicious and deter them and others from engaging in similar behavior in the future.
• Statutory damages: Colorado has a law that provides for statutory damages in cases of revenge porn. Victims may be entitled to up to $10,000 in statutory damages. This amount can be increased to up to $50,000 if the offender distributed the non-consensual pornography for financial gain.

However, it can be challenging for a victim to prove the source of the content, especially if it was shared with multiple parties. Additionally, there is no guarantee that the person who reports the crime or files a lawsuit will remain anonymous. As a result, many victims are discouraged from taking legal action.

Record Sealing

Under certain circumstances, a person convicted of violating revenge porn laws (18-7-107 C.R.S. for harassment or 18-7-108 for financial gain) may be able to seal their conviction from public view. This means that the conviction record will not be available to the public, including potential employers or landlords who may conduct background checks.

To be eligible to seal a conviction for violating Colorado’s revenge porn laws, the offender must meet certain conditions, including:

• Completing their sentence, which includes any probation or parole.
• Paying all restitution, fines, and other court costs.
• Not committing any new criminal offenses for at least five years after sentencing.

If you or someone you know is facing revenge porn allegations, do not hesitate to discuss your situation in a free consultation with a Breckenridge Criminal Defense Attorney as soon as possible.