C.R.S. Section 18-7-108
Posting a private image for pecuniary gain

  • definitions

(1)

Intentionally left blank —Ed.

(a)

An actor who is eighteen years of age or older commits the offense of posting a private image for pecuniary gain if he or she posts or distributes through 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 obtain a pecuniary benefit from any person as a result of the posting, viewing, or removal of the private image; and

(II)

Intentionally left blank —Ed.

(A)

When the actor has not obtained 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.

(b)

Posting a private image for pecuniary gain 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Repealed.

(3)

Nothing in this section precludes punishment under any section of law providing for greater punishment.

(4)

Intentionally left blank —Ed.

(a)

Repealed.

(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.

Source: Section 18-7-108 — Posting a private image for pecuniary gain - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑7‑101
Definitions
18‑7‑102
Obscenity
18‑7‑103
Injunctions to restrain the promotion of obscene materials
18‑7‑104.5
Remedies under the “Colorado Organized Crime Control Act”
18‑7‑105
Severability
18‑7‑107
Posting a private image for harassment - definitions
18‑7‑108
Posting a private image for pecuniary gain - definitions
18‑7‑109
Posting, possession, or exchange of a private image by a juvenile - definitions - penalties
18‑7‑201
Prostitution prohibited
18‑7‑201.3
Affirmative defense - human trafficking - expungement of record protective order - definitions
18‑7‑201.4
Victim of human trafficking of a minor for sexual servitude - provision of services - reporting
18‑7‑202
Soliciting for prostitution
18‑7‑203
Pandering
18‑7‑204
Keeping a place of prostitution
18‑7‑205
Patronizing a prostitute
18‑7‑206
Pimping
18‑7‑207
Prostitute making display
18‑7‑209
Immunity from prostitution-related offenses - victims - human trafficking of a minor for involuntary servitude - human trafficking of a minor for sexual servitude
18‑7‑301
Public indecency
18‑7‑302
Indecent exposure - definitions
18‑7‑401
Definitions
18‑7‑402
Soliciting for child prostitution
18‑7‑403
Pandering of a child
18‑7‑403.5
Procurement of a child
18‑7‑404
Keeping a place of child prostitution
18‑7‑405
Pimping of a child
18‑7‑405.5
Inducement of child prostitution
18‑7‑406
Patronizing a prostituted child
18‑7‑407
Criminality of conduct
18‑7‑408
Severability
18‑7‑409
Reports of convictions to department of education
18‑7‑501
Definitions
18‑7‑502
Unlawful acts
18‑7‑503
Applicability
18‑7‑504
Severability
18‑7‑601
Dispensing violent films to minors - misdemeanors
18‑7‑701
Sexual conduct in a correctional institution
18‑7‑801
Criminal invasion of privacy
18‑7‑901
Unlawful distribution of a suicide recording - definitions - Lil’ Von Mercado’s Law
Green check means up to date. Up to date

Current through Fall 2024

§ 18-7-108’s source at colorado​.gov