Denver Sex crimes Attorney, Christopher T. Braddock

The Law in Colorado: Sex Assault Includes Revenge Porn?

The phenomenon of 'revenge porn' is one of the many Internet-related fads causing chaos in American legal circles. In essence, revenge porn is when you take the illicit material given to you by a boy- or girl-friend during the course of your relationship and make them publicly available to their detriment. Of course, the law isn't ever that simple -- so let's break down how Colorado sex assault laws deal with revenge porn.

Colorado Revised Statue § 18-7-107 never actually use the term 'revenge porn,' but it's clear what their intent was. The law makes it a Class 1 Misdemeanor to:

Posts or distributes through social media or any other website any image or video displaying the private intimate parts of an identified or identifiable person eighteen years of age or older, with intent to harass or inflict emotional distress, 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 or video would remain private.
Except when the picture in question is related to a newsworthy event.

This seems pretty straightforward, but just in case you're wondering, here are a few quick clarifications:

"private intimate parts" specifically includes the genitalia, anus, perineum, or pubis of any person, and the breasts of any female.
"social media" includes any electronic medium that allows users to create, share, and view user-generated content.
"newsworthy event" refers to any matter of public interest or concern or relating to a public figure.

Does This Mean I'm a Sex Offender Now?
If you've been found guilty of violating this statute, don't panic. You don't have to register as a sex offender -- and, in fact, if you keep your nose clean for at least five years after you complete your sentence, you can petition to have the offense sealed, meaning anyone inquiring about your criminal record will not receive any information regarding that offense unless they are an officer of the law or other relevant government agent.

In short, revenge porn isn't quite sex assault -- and while it's certainly contemptible, it's largely recognized as mostly a matter of teenage and young-adult indiscretion. As such, it's something most people will be able to move beyond relatively easily compared to being on the sex offender registry or worse.

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