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Denver Criminal Defense Lawyer / Denver Revenge Porn Lawyer

Denver Revenge Porn Lawyer

Revenge porn, formally known under Colorado law as unlawful posting of a private image, is a criminal charge with consequences that extend far beyond fines or probation. The person accused faces potential incarceration, mandatory registration in some circumstances, and a digital record that follows them into every job application and background check they encounter. A charge like this requires defense from someone who understands both the criminal statute and the evidentiary realities of cases built around digital content. At DeChant Law, Reid handles Denver revenge porn cases with the same tenacity he brings to every charge his clients face.

What Colorado Law Actually Criminalizes

Colorado’s statute on unlawful posting of a private image, found at C.R.S. 18-7-107, targets the non-consensual distribution of intimate images. The law covers photographs, videos, and other visual depictions that show someone in a sexually explicit manner or in a state of nudity, where the person depicted had a reasonable expectation that the image would remain private.

The prosecution does not simply need to show that an image was shared. They need to establish intent. The statute requires that the sharing was done with the intent to harass, harm, intimidate, threaten, or coerce the person depicted. That intent element matters enormously, and it is one of the first places a defense attorney looks when evaluating a case.

Colorado classifies this offense as a class 1 misdemeanor for a first offense, which carries up to 364 days in jail and fines up to $1,000. However, the charge elevates to a class 6 felony under certain circumstances, including when the depicted person is a minor, when the accused published the image along with personally identifying information, or when the offense involves a subsequent violation. A felony tag on this charge changes everything, including the possibility of collateral consequences that persist for years.

The Evidence in These Cases and Where It Gets Complicated

Revenge porn prosecutions in Denver tend to hinge on digital evidence: screenshots, metadata, platform records, IP address logs, and device forensics. That evidence chain has to be handled correctly for it to hold up in court. Law enforcement errors in how they obtained, preserved, or analyzed digital evidence can create real openings for the defense.

Consent is another contested area. If the accused can show that the person depicted either shared the image themselves or consented to its distribution, that directly undercuts the charge. Text messages, social media communications, and prior conduct between the parties often become relevant to this analysis.

Intent is frequently the most contested element. People share content for many reasons, and the prosecution has to tie the act of sharing to a specific harmful purpose. When that intent is contested, the case can look very different by the time it reaches a jury. Reid has trained at Trial Lawyers College, where the focus is on storytelling and presenting a client’s full story to a jury. That kind of preparation matters in a case where the narrative around intent is everything.

There is also the question of who actually posted the content. In cases involving shared devices, hacked accounts, or third-party forwarding, the attribution of the act to a specific individual is not always as clean as the prosecution’s initial filing suggests.

Protective Orders, Civil Liability, and Why the Criminal Case Is Not the Whole Picture

A criminal charge under C.R.S. 18-7-107 often runs alongside civil exposure. Colorado also provides a civil cause of action for unlawful posting of a private image under C.R.S. 13-21-1401, which allows the depicted person to sue for damages including emotional distress, economic harm, and attorneys’ fees. The criminal and civil tracks move independently, which means even a favorable resolution in the criminal case does not automatically close off civil liability.

Protective orders are common in these cases. When a civil protection order is in place, violations carry their own separate criminal consequences. Understanding what the order actually prohibits, and making sure the client fully understands the scope of any conditions imposed, is part of competent representation in this area.

In cases where the parties have a prior relationship, the prosecution may also pursue domestic violence enhancements. A domestic violence designation changes the sentencing options available to a judge and triggers mandatory considerations that would not otherwise apply. It also affects record sealing eligibility down the road.

Questions About Denver Revenge Porn Charges

Can I be charged if I shared the image only with one person?

Yes. Colorado’s statute does not require widespread distribution. Sharing an intimate image with a single person, without the depicted person’s consent and with the requisite intent, is enough to trigger criminal liability. The number of recipients goes to the severity of the case, not necessarily to whether a crime occurred.

What if the person in the image originally sent it to me willingly?

The fact that the person shared the image with you consensually does not mean they consented to you sharing it with others. The charge turns on whether they consented to the redistribution, not just the original creation or sending. This distinction matters, but it does not eliminate the charge on its own.

Does this offense require sex offender registration?

For most adults charged under the standard Colorado statute, sex offender registration is not automatically required. However, if the image depicts a minor, the legal landscape shifts significantly, and registration consequences become a real concern. This is one reason the age of the depicted person matters so much to how a case is charged.

Will this show up on a background check?

If convicted, yes. A class 1 misdemeanor conviction will appear in standard background checks, and a felony conviction even more so. Colorado’s record sealing laws allow some offenses to be sealed over time, but sealing eligibility depends on the specific charge, the outcome, and the waiting period involved. An attorney can evaluate whether sealing is a realistic option in your situation.

Can the charge be dismissed before trial?

Yes. Cases like these are often resolved short of trial through pre-filing intervention, motions challenging the evidence, or negotiations that result in reduced charges or dismissal. The outcome depends on the specific facts, the quality of the digital evidence, and whether the prosecution can actually establish intent. DeChant Law has obtained dismissals and not guilty verdicts across a range of serious charges, and every case gets evaluated for those possibilities from the start.

What if I’m being falsely accused?

False accusations do happen. In contentious breakups or disputes, allegations of this kind can be weaponized. A thorough review of the digital evidence, account records, and communications between the parties can expose inconsistencies in the accusation. Early investigation matters because digital evidence can be altered or lost over time.

How does this differ from a harassment charge?

Harassment under Colorado law is a separate offense that covers a broader range of conduct. Revenge porn charges are specific to intimate images and carry their own statutory requirements, penalties, and defenses. The two charges sometimes appear together in the same case, but they are distinct and require separate analysis.

Facing a Private Image Charge in Denver

These cases move quickly once charges are filed. The earlier someone gets an attorney involved, the more options remain on the table, whether that means challenging the evidence before a preliminary hearing, engaging with the prosecution about the facts before a charge is formally filed, or preparing a full trial defense. Reid has handled cases across Denver, Adams County, Jefferson County, Broomfield, and surrounding areas, and he understands how these cases are prosecuted locally. His background as a public defender gave him a close view of how the system works and where it can be challenged. At DeChant Law, every client gets someone who takes their story seriously and fights for the best realistic outcome. Reach out to discuss your situation with a Denver private image defense attorney who knows what these cases actually require.