C.R.S. § 18-7-107: Previously Posting a Private Image for Harassment, now Disclosing a Private Intimate Image or Intimate Digital Depiction for Harassment
Colorado has updated its revenge porn law dealing with the sharing of intimate images without consent, what most people still call “revenge porn.” These changes matter, especially in Weld County, where prosecutors are increasingly charging technology-based offenses tied to texting, social media, and digital communications.
If you live in Greeley, Evans, Windsor, Milliken, Johnstown, Eaton, La Salle, Firestone, or anywhere else in Weld County, and you are accused of sharing, or threatening to share, an intimate image, it’s important to understand how the law now works and what’s at stake.
Greeley Criminal Defense Lawyer: What Is Disclosing a Private Intimate Image or Intimate Digital Depiction for Harassment?
C.R.S. § 18-7-107, Disclosing a Private Intimate Image or Intimate Digital Depiction for Harassment, makes it a crime to disclose or threaten to disclose a private intimate image or intimate digital depiction of another person without consent, when that conduct is done to harass, intimidate, or coerce, or when the person knew or should have known that harm would likely result.
The revenge porn law used to focus mostly on posting real images online. The updated version is much broader and reflects how people actually communicate today.
What’s the Difference Between Posting a Private Image and Disclosing a Private Intimate Image in Colorado?
1. Private Messages Can Now Lead to Criminal Charges
One of the biggest changes is that the law no longer requires a public post. Any disclosure can qualify, including:
- Text messages
- Direct messages on Instagram, Snapchat, or Facebook
- Emails
- Group chats
- File-sharing apps
In Weld County, this means charges can come from something as simple as sending an image to one other person. The law also covers threats to disclose an intimate image, even if nothing is ever actually sent.
2. AI Images and Deepfakes Are Included
Another major update is the addition of “intimate digital depictions.” These are realistic digital or AI-generated images or videos that show a real person in a sexual or intimate way.
Even if:
- The image was created using AI
- The photo was digitally altered
- No real intimate image ever existed
A person can still face charges in Weld County if the image looks real and causes harm. The “it wasn’t a real photo” argument no longer works.
3. The Harm Requirement Is Broader
Under the old law, prosecutors had to show that the victim suffered serious emotional distress. Now, the statute allows the state to rely on evidence of:
- Emotional harm
- Physical harm
- Reputational harm
This makes it easier for Weld County DAs to file charges and harder for defendants to get cases dismissed early.
What Are the Penalties for Disclosing a Private Intimate Image or Intimate Digital Depiction for Harassment in Weld County?
Class 1 Misdemeanor
Most cases are charged as a Class 1 misdemeanor, the most serious misdemeanor level in Colorado.
Possible penalties include:
- Up to 364 days in the Weld County Jail
- Fines up to $10,000
- Probation with strict conditions
- No contact orders and internet restrictions
Even a misdemeanor conviction can affect employment, housing, and professional licenses.
Class 6 Felony Charges
The law allows for felony charges when the disclosure or threat:
- Creates an imminent and serious safety risk to the alleged victim or their family, or
- Interferes with a legal or government proceeding
A Class 6 felony can result in:
- A sentence to the Colorado Department of Corrections
- Mandatory parole
- A permanent felony record
Felony cases are typically handled in Weld County District Court and carry long-term consequences.
What Is Not a Defense Under the New Revenge Porn Law? A Greeley Disclosing a Private Intimate Image or Intimate Digital Depiction for Harassment Explains
It’s important to understand what won’t automatically get a case dismissed:
- Claiming the image was AI-generated
- Arguing the image was only sent privately
- Saying the image was never posted online
Because of how broad the statute is, these cases often come down to intent, consent, identity, and digital evidence, not technical loopholes.
If you or someone you love has been charged with Disclosing a Private Intimate Image or Intimate Digital Depiction for Harassment, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 to schedule a free initial consultation. Together, we can protect your future.
Photo by Bastian Riccardi