Denver Colorado Criminal Law Blog

Sexting and Revenge Porn is Illegal

The internet and social media have made filming and photographing other people’s intimate parts even more risky. Sexting, revenge porn and voyeurism is illegal in Colorado

Sexting and Revenge Porn

These are addressed as sex offenses under Colorado law. But sexting and revenge porn are problems throughout the country.

Sexting usually involves sending sexually explicit messages, photographs or videos through a cell phone, computer, or any digital service. It includes photographs or videos containing nudity or simulated sex acts. It may also involve text messages discussing or proposing sex acts.

Revenge porn is online posting of sexually explicit images of a person, typically a former or current romantic partner, without their consent. Posts are usually a form of revenge, harassment, or extortion.

Sexting, Revenge Porn and Voyeurism Law

In Colorado. posting a private image for harassment is a class 1 misdemeanor offense. This occurs when a person who is at least 18 posts or distributes through the use of social media or website any photograph, video, or other image displaying another 18-year-old person’s intimate parts. It may also involve posting an image displaying sexual acts of an identified or identifiable person.

Anyone who knowingly or with intent to intimidate or coerce or harass posts a private image without that person’s consent commits a class 1 misdemeanor. It is presumed that the depicted person had a reasonable privacy expectation. This offense is also a class 1 misdemeanor if it is committed for financial gain.

A class 1 misdemeanor conviction is punishable by up to six months imprisonment and may carry a fine up to $5,000. Victims must suffer emotional distress for convictions.

Offenders may also face felony charges if the depicted victim is a minor.

Sexting Laws and Voyeuristic Acts

The invasion of privacy for sexual gratification is a state law prohibiting the taking of intimate photographs of anyone without their consent. This offense is commonly known as an offense involving up skirting or taking nude photographs with a concealed device.

Invasion of privacy is a class 1 misdemeanor. This offense is a class 6 felony if the victim is under 15.

Prosecution of these offense can have serious and life-altering consequences. Attorneys can help protect rights and seek the best resolution under the circumstances.

Peter Albani round headshot Criminal defense attorney Denver, Colorado

Colorado Criminal Defense Attorney

Peter Albani is a Colorado criminal defense attorney with a statewide law practice. He routinely represents clients on criminal matters ranging from DUI to homicide. Albani Law represents clients in Park County (Fairplay), Summit County (Breckenridge), Lake County (Leadville), Eagle County (Eagle), Chaffee County (Salida), and all Front Range Colorado Counties.

Call Peter at (303) 753-0900 and he will take your phone call personally.

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