Introduction: One Image, a Lifetime of Pain—But It Doesn’t Have to Be That Way
Imagine waking up to find that your most private moments have been shared online without your consent. For many victims of revenge porn, this nightmare is their reality. Statistics show that nearly 1 in 12 adults in the U.S. has experienced threats or the sharing of intimate images without their permission. If you’re in Colorado and wondering, Is revenge porn a crime in Colorado?—the answer is yes. But knowing it’s a crime is just the beginning of understanding how to protect yourself and reclaim your dignity.
This post explores the criminal and civil statutes in Colorado that are designed to protect and empower victims of revenge porn.
1. Colorado’s Criminal Laws Against Revenge Porn: Stopping the Harm in Its Tracks
Revenge porn is more than just an invasion of privacy—it’s a devastating violation. Colorado has taken a strong stance with laws that address different aspects of this abuse:
- Posting a Private Image for Harassment: Under C.R.S. § 18-7-107, it is a crime to post a person’s private intimate image without their consent. To be criminally liable, the perpetrator must have had the intent to harass, intimidate, or coerce the victim, and the victim had to experience serious emotional distress as a result of the abuse. Those convicted face fines, potential jail time, and a permanent criminal record.
- Posting a Private Image for Pecuniary Gain: Selling or profiting from someone’s private images without their consent is equally criminal pursuant to C.R.S. § 18-7-108. This law ensures that perpetrators who exploit victims for monetary gain are held accountable.
- Addressing Deepfake Technology: The new Online-Facilitated Misconduct and Remote Tracking Bill (S.B. 24-011) added protections to Colorado’s criminal revenge porn statutes against disclosing “simulated intimate parts of a person,” thereby targeting deepfakes and digitally altered content. This important update recognizes the modern tools perpetrators use and ensures these abuses are also punishable by law.
Colorado’s criminal statutes are continually evolving to address emerging forms of abuse, with legislators taking proactive steps to ensure victims are protected.
2. Your Rights as a Crime Victim: Colorado’s Protections to Keep You Safe
If you are a victim of revenge porn and report it to law enforcement, Colorado’s Victim Rights Act offers you critical protections as you navigate the criminal justice system:
- The Right to Be Informed: You’re entitled to updates on the criminal case at critical stages, including hearings and sentencing. This keeps you in the loop and ensures your voice is heard throughout the process.
- The Right to Be Treated with Fairness, Respect, and Dignity: You have the right to be free from intimidation, harassment, or abuse throughout the criminal justice process.
- The Right to Be Heard: Whether it’s sharing your impact statement in court or participating in hearings, your experience matters. Under the VRA, victims have the right to be heard at bond reduction and modification hearings, hearings regarding subpoenas for victims’ records, certain plea hearings, sentencing hearings, and hearings on modifications of no contact provisions of criminal protection orders, among other hearings.
Understanding these rights, along with others under the VRA, isn’t just about legal jargon—it’s about empowering you to take back control in a system designed to support victims.
3. Colorado’s Civil Revenge Porn Laws: Fighting for Accountability and Compensation
Justice isn’t just about criminal penalties; it’s also about holding perpetrators accountable for the harm they’ve caused. Colorado’s civil laws offer victims additional paths to seek justice:
- The Unauthorized Disclosure of Intimate Images Act: This act (C.R.S. § 13-21-1401 et seq.) allows victims to file civil lawsuits against those who shared or threatened to share their images without consent. Victims must be identifiable in the images and the images must have been private. Remedies include the greater of economic and noneconomic damages or statutory damages not to exceed $10,000 per image disclosed or threatened to be disclosed against each defendant. Victims can also seek punitive damages, attorney fees, and injunctive relief. But you must act quickly, as there is a six-year statute of limitations. This means you must file a lawsuit within six years of the date the disclosure was discovered (or should have been discovered) and six years from the date of the threat to disclose.
- Protections for Technology-Facilitated Abuse: The Online-Facilitated Misconduct and Remote Tracking Bill, discussed above, also provides legal recourse against abusers who use tracking devices to harm victims. This ensures that modern forms of harassment are met with modern legal protections.
Civil action isn’t just about money—it’s about reclaiming your power and making sure perpetrators face meaningful consequences for their actions.
4. What to Expect If You Choose to Take Legal Action
Taking legal action can feel overwhelming, but understanding the process can help you feel prepared and in control. (Trauma-informed lawyers also understand the importance of explaining this process in detail to their clients.) Here’s what to expect:
(a) Filing a Police Report and Working with Prosecutors
- If you decide to file a police report, you will detail the abuse to law enforcement and supply them with evidence (e.g., screenshots, URLs, messages). This will involve making the initial report and then speaking with an officer or detective.
- The police will decide whether they have sufficient evidence to make an arrest. Sometimes police will consult with prosecutors at this stage.
- If the police make an arrest, prosecutors will review the case and, if warranted, pursue criminal charges against the perpetrator.
- Your role may include testifying or providing additional documentation, but the majority of the casework will be managed by prosecutors. It’s important to understand that prosecutors do not represent you personally; they represent the state or county. This means that even if you later decide not to pursue criminal charges, prosecutors may still choose to move forward with the case based on the evidence available.
- Potential outcomes include fines, jail time, and a criminal record for the perpetrator—offering a sense of justice and closure for the victim.
(b) Pursuing Civil Remedies
- You’ll first need to consult with a lawyer to explore your civil options and determine the best strategy to achieve your goals.
- You should also collect evidence to build a strong case, such as screenshots of websites, comments to any images, messages with timestamps, and witness information.
- You and your lawyer may decide to send a cease-and-desist letter or a demand letter to the perpetrator. By sending a demand letter, you may be able to stop the abusive behavior and settle the case without ever having to file a lawsuit.
- Or you may decide to file a lawsuit seeking compensation for emotional distress, reputational harm, and financial losses.
- Outcomes of settling a case or prevailing after filing a lawsuit can include monetary damages, a no-contact agreement or order, and/or a court judgment holding the perpetrator accountable.
Both criminal and civil actions are powerful tools, and you can pursue one or both depending on your goals and comfort level.
Conclusion: Take the First Step Toward Justice
Revenge porn is a deeply personal violation, but it doesn’t have to define your future. Colorado’s laws are designed to protect you, hold perpetrators accountable, and give you the tools to reclaim your power.
If you’re ready to explore your options, consider scheduling a free consultation with a trauma-informed attorney who understands what you’re going through and can help guide you through the process.
Your privacy, dignity, and peace of mind matter—and justice is within reach.