Have you been charged with the crime § 18-7-107 18-7-107 Colorado? This is a serious charge and demands immediate legal representation and guidance. The Law Offices of Decker & Jones know how to successfully defend a §18-7-107 18-7-107 Colorado charge in the State of Colorado to protect your innocence.
What to do if Charged?
1. Do not contact the accuser
You may be tempted to contact the accuser to try and resolve the issue directly. Do not contact the accuser. All correspondence before and after the incident can and will be used against you. A lawyer should be representing you in all stages to ensure that nothing hurts the defense case.
2. Do not destroy evidence
You may think that destroying any evidence in your possession will help your defense case. However tampering with evidence will almost always backfire against the defendant. Prosecutors have many resources to recover evidence that you think has been completely destroyed. When the evidence is presented in negotiations or at trial, it will make you look more guilty if you tried to destroy it beforehand. Tampering with evidence is also a crime in itself, which can be added on top of the sentence you could receive for 18-7-107 Colorado
3. Contact an experienced attorney
When you are charged with 18-7-107 Colorado, it is critical to exercise your right to an attorney. Your life is on the line and The Law Offices of Decker & Jones are prepared to defend your case. Contact us immediately at 303-573-5253 – even if you have not been charged yet. You need a defense team working in your corner to combat the prosecution ASAP.
The Basics Of § 18-7-107 18-7-107 Colorado
See below to read the law pertaining to § 18-7-107 18-7-107 Colorado
The Law
Reference the definitions from § 18-7-107 for details on the terminology
Definitions
Decker & Jones will help you understand how the law pertains to your case
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§ 18-7-107
(1)(a) An actor who is eighteen years of age or older commits the offense of posting a private image for harassment if he or she posts or distributes through the use of social media or any website any photograph, video, or other image displaying the private intimate parts of an identified or identifiable person eighteen years of age or older or an image displaying sexual acts of an identified or identifiable person:
(I) With the intent to harass, intimidate, or coerce the depicted person;
(II)(A) Without the depicted person’s consent; or
(B) When the actor knew or should have known that the depicted person had a reasonable expectation that the image would remain private; and
(III) The conduct results in serious emotional distress of the depicted person.
(b) Posting a private image for harassment is a class 1 misdemeanor.
(c) Notwithstanding the provisions of section 18-1.3-501(1)(a), in addition to any other sentence the court may impose, the court shall fine the defendant up to ten thousand dollars. The fines collected pursuant to this paragraph (c) shall be credited to the crime victim compensation fund created in section 24-4.1-117, C.R.S.
(2) Repealed by Laws 2018, Ch. 192, § 1, eff. July 1, 2018.
(3) Nothing in this section precludes punishment under any section of law providing for greater punishment.
(4)(a) Repealed by Laws 2019, Ch. 88 (S.B. 19-100), § 2, eff. Apr. 8, 2019.
(b) An individual whose private intimate parts have been posted or an individual who has had an image displaying sexual acts of the individual posted in accordance with this section shall retain a protectable right of authorship regarding the commercial use of the private image.
(5) Nothing in this section shall be construed to impose liability on the provider of an interactive computer service, as defined in 47 U.S.C. sec. 230(f)(2), an information service, as defined in 47 U.S.C. sec. 153, or a telecommunications service, as defined in 47 U.S.C. sec. 153, for content provided by another person.
(6) For purposes of this section, unless the context otherwise requires:
(a) “Displaying sexual acts” means any display of sexual acts even if the private intimate parts are not visible in the image.
(b) “Image” means a photograph, film, videotape, recording, digital file, or other reproduction.
(c) “Private intimate parts” means external genitalia or the perineum or the anus or the pubes of any person or the breast of a female.
(d) “Sexual acts” means sexual intrusion or sexual penetration as defined by section 18-3-401.
(e) “Social media” means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content, including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.
§ 18-7-101 Definitions
As used in this part 1, unless the context otherwise requires:
(1) “Material” means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound, or in any other manner, but does not include an actual three-dimensional obscene device.
(1.5) “Minor” means a person under eighteen years of age.
(2) “Obscene” means material or a performance that:
(a) The average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex;
(b) Depicts or describes:
(I) Patently offensive representations or descriptions of ultimate sex acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or
(II) Patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, or covered male genitals in a discernibly turgid state; and
(c) Taken as a whole, lacks serious literary, artistic, political, or scientific value.
(3) “Obscene device” means a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs.
(4) “Patently offensive” means so offensive on its face as to affront current community standards of tolerance.
(5) “Performance” means a play, motion picture, dance, or other exhibition performed before an audience.
(6) “Promote” means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same.
(6.5) “Prurient interest” means a shameful or morbid interest.
(7) “Simulated” means the explicit depiction or description of any of the types of conduct set forth in paragraph (b) of subsection (2) of this section, which creates the appearance of such conduct.
(8) “Wholesale promote” means to manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purpose of resale.
(9) If any of the depictions or descriptions of sexual conduct described in this section are declared by a court of competent jurisdiction to be unlawfully included herein, this declaration shall not invalidate this section as to other patently offensive sexual conduct included herein.
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