The rise of cellphones has revolutionized relationships. Intimate relationships, in particular, have shifted dramatically. People can remain in constant contact with their partner. They can also send images or videos to each other. People can privately record their intimate moments as well.
Those actions are perfectly legal if they involve two consenting adults. However, sometimes people keep those videos or images after the end of a relationship and may even use them to try to hurt their former partners. If one person shares images or videos without the consent of another, that might be a crime.
What does Colorado law say?
For several years, Colorado has had a law against what is often called revenge porn. The term applies to someone sharing intimate images or videos of another person without their consent online, often with the intent of causing emotional distress, embarrassment and/or reputational harm.
Under state law, uploading someone’s images online or sending them to others without their permission could be a Class 1 misdemeanor. Someone convicted of violating the revenge porn statute could face up to 364 days in jail and $10,000 in fines. The person who did not consent to the sharing of the images may also in some cases be able to pursue a civil case against the person who shared those images.
Just because someone shared an image with a partner or allowed them to record a video, that does not mean that the person who possesses those digital files can do whatever they want with them. Knowing when actions might violate state law can help people avoid mistakes that could lead to incarceration and financial consequences. If you’re already facing charges, it’ important to have legal guidance.