Revenge Porn Laws in Colorado

Revenge porn is a type of nonconsensual pornography, in which sexually explicit images of someone else are distributed in order to humiliate and harm the subject of the images.

Is Revenge Porn Illegal in Colorado?

Yes, Colorado makes revenge porn illegal. The state's criminal laws differentiate between unlawful acts committed by adults versus those committed by juveniles. Colorado law also allows victims to sue an offender in civil court for damages. In law, these unlawful acts are referred to as "posting of private images for harassment" (criminal) and "unauthorized disclosure of intimate images" (civil). They are discussed below.

The legal standard of proof is much higher for a criminal case than for a civil action. In a criminal case, the prosecutor must prove all the elements of the crime beyond a reasonable doubt (a near-certainty standard). Plaintiffs in a civil action must establish their claim by a preponderance of the evidence (a more-likely-than-not standard). So, even if a defendant isn't charged or found guilty in criminal court, they could still be liable for damages in civil court.

What Are the Penalties for Posting Private Images (Revenge Porn) in Colorado?

Colorado imposes misdemeanor penalties for both adult and juvenile offenders who commit revenge porn.

Penalties for Adult Offenders Who Commit Revenge Porn

Colorado makes it a class 1 misdemeanor for an adult (age 18 or older) to post or distribute private images of another without consent and with the intent to harass, intimidate, or coerce that person.

Private images include those displaying:

• real or simulated private intimate parts of an adult who is identified or identifiable in the image, or
• sexual acts of an identified or identifiable person.

Even if the depicted person originally sent or consented to taking the images, these images will still be considered private if there was a reasonable expectation that they weren't meant to be shared further.

For a conviction, prosecutors must also prove that the offender's unlawful conduct resulted in serious emotional distress to the depicted victim. Class 1 misdemeanors carry up to 364 days in jail and a $1,000 fine.

Penalties for Juvenile Offenders Who Commit Revenge Porn

A juvenile (younger than 18) commits a misdemeanor offense if they post or share real or simulated sexually explicit images of another juvenile who's close in age (less than 4 years apart) or another person who's 14 or older. This law applies only to digital and electronic sharing of images without the depicted person's consent or when there was a reasonable expectation of privacy.

The offense is a class 2 misdemeanor but increases to a class 1 misdemeanor if the juvenile committed the offense with the intent of coercing, intimidating, threatening, or harassing the victim.

Colorado prosecutors are encouraged to offer minors (younger than 18) a one-time opportunity to avoid an adjudication and record through diversion or other alternative. But, if the juvenile completes diversion and later reoffends, the offense bumps up to a class 1 misdemeanor.

(Colo. Rev. Stat. §§ 18-7-107, 18-7-109 (2024).)

Can a Revenge Porn Victim Sue for Damages in Colorado?

Yes, Colorado law allows victims of revenge porn to file a civil action against a defendant. The elements of the civil action are similar, though not identical, to the crime.

Civil Action for Unauthorized Disclosure of Intimate Images

A defendant can be found liable under this law for knowingly or recklessly and without consent disclosing or threatening to disclose a private intimate image of another. The depicted person must be identifiable and suffer harm from the disclosure or threatened disclosure.

Intimate images are those that show nudity or sexual conduct.

Private images include those that were created or obtained under circumstances where a reasonable expectation of privacy exists. They can also include images the defendant obtained unlawfully, such as through theft, bribery, extortion, fraud, or voyeurism.

Harm can include physical harm, economic harm, or emotional distress.

Damages for Unauthorized Disclosure of Intimate Images

A plaintiff can recover actual damages for the harm caused by the defendant or statutory damages up to $10,000 for each disclosure. If the defendant made any money off of disclosing the images, the plaintiff may receive this amount in the award as well. Plaintiffs can also win attorneys' fees and punitive damages.

(Colo. Rev. Stat. §§ 13-21-402, 13-21-1403, 13-21-1406 (2024).)

Getting More Help

If you're charged with a crime tied to revenge porn, you should talk to a criminal defense attorney in your state. An attorney can tell you how your case is likely to be treated and what you can do to protect your rights and obtain the best possible outcome. A conviction can mean not only possible time behind bars and fines but also a long-lasting criminal record.

If you are a victim of revenge porn, you can report the offense to the police. You may also wish to talk to a civil attorney who can help you get the photos removed from the internet and possibly take other legal action. The Cyber Civil Rights Initiative is another good source of information.