WHAT IS REVENGE PORN?


​Up until a few years ago, the word "revenge porn" did not exist.


​Revenge porn is the unauthorized distribution of nude photos or videos by a person who intends make money from the distribution or harass the subject of the photos or videos. The victims of revenge porn can be male or female.


Revenge porn tends to be associated with someone intentionally sharing nude pictures via social media or text message with another person who then shares them with the world. Revenge porn can also happen unintentionally when someone hacks your device or shares the pictures from a stolen device. 


However, even if you feel you made a mistake, that does not excuse (legally and otherwise) someone you trusted from sharing your private pictures to make a quick buck or cause you severe emotional distress.


In Colorado, our state legislatures have recognized that fact and created a series of statutes to fight back against the spread of revenge porn.


CIVIL  REMEDIES FOR REVENGE PORN 


In late May 2014, Colorado created two statutes that created a civil statutory right of action against revenge porn.

An individual violates the statutes  if he or she posts or distributes through the use of social media or any web site any photograph, video, or other image displaying the private intimate parts of an identified or identifiable person eighteen years of age or older with the intent(1) to harass the depicted person and inflict serious emotional distress upon the depicted person, or (2) to obtain a pecuniary benefit from any person as a result of the posting, viewing, or removal of the private image.

"Private intimate parts” is defined under the statutes as  “external genitalia or the perineum or the anus or the pubes of any person or the breast of a female.” Social media may include text messages or email.  

The defendant must have posted the pictures or videos without the depicted person’s consent or when the actor knew or reasonably should have known that the depicted person had a reasonable expectation that thepictures or videos would remain private.

Victims of revenge porn are entitled to a minimum of $10,000 in damages, exemplary damages, and reasonable attorney fees and costs if they prove their case in a Colorado court of law.



CRIMINAL REMEDIES FOR REVENGE PORN


Revenge porn is also a crime in Colorado. It is a Class 1 misdemeanor to  post on social media (1) any photograph, video, or other image displaying the private intimate parts of an identified or identifiable person eighteen years of age or older to harass the victim by causing severe emotional distress, or (2) any photograph, video, or other image displaying the private intimate parts of an identified or identifiable person eighteen years of age or older  for monetary gain. The defendant must either have lacked consent to post the pictures or videos or when the defendants should have known that the person depicted reasonably expected that the pictures or videos would remain private. Intimate pictures related to a newsworthy event or events related to public figures are excepted from the criminal statute.


If you find yourself the target of revenge porn, our law firm can provide the following services depending on the facts of your case:


  • Cease, Desist, and Deletion Demand Letters to the revenge porn distributor

  • Deindex request letters to the search engines to remove the revenge porn from their search results

  • Digital Millennium Copyright Act (DMCA) take-down requests to the website(s) hosting the revenge porn

  • Removal request letters to social media sites

  • Protection orders when applicable

  • Advocacy letters to law enforcement on your behalf

  •  Lawsuits against the revenge porn distributor and the websites refusing to remove the criminal revenge porn content once put on notice




VICTIMS  OF REVENGE PORN IN COLORADO HAVE THE RIGHT TO RECOVER A MINIMUM OF $10,000 IN DAMAGES 

Call Today: (303) 228-2165

Colorado's Revenge Porn Statutes:

  • Give the victim a minimum of $10,000 in damages 

  • Grants a right of ownership in pictures of one's genitalia to the body the genitalia belongs to

  • Makes the distribution of revenge porn a  Class 1 misdemeanor with a fine up to $10,000

REVENGE PORN


Our law firm's attorneys litigate revenge porn claims in Denver and surrounding Colorado communities. We get justice and compensation for victims  of revenge porn. We hold persons who violate Colorado's revenge porn statutes liable for the harm they have caused you.