Colorado Front Range Student Revenge Porn Lawyer

Revenge porn is posting sexual photographs or videos of someone else without their consent. It is covered by state statute 81-7-107 and by most university student conduct codes. State law outlines that a class 1 misdemeanor can be charged when students or others post or distribute content on social media or the internet displaying intimate parts of an identifiable person without their consent and with the intent to harass, intimidate, or coerce them, when the content was meant to be private and posting it results in serious emotional distress to the person shown in the content.

Jenn and Justie at Nicol Gersch Law can help defend a client accused of producing or distributing revenge porn by analyzing each case for unique defenses.  Common defenses include determining who else had access to any of the student’s electronic devices and providing them as alternate suspects, and by determining if consent to post the content was given and later withdrawn.

A Colorado Front Range student revenge porn lawyer could work with students to also address possible underlying issues that can be addressed proactively in counseling, such as anger or impulse problems, instead of waiting for the court to order it. Revenge porn cases can be challenging to defend against, but an experienced student defense attorney can give them the greatest chances of prevailing by researching defenses.

Penalties of a Conviction

As a Class 1 misdemeanor, revenge porn is more severe than hazing, which is a Class 3 misdemeanor.  Being found guilty of posting revenge porn involves a fine of up to $10,000 and possibly a civil suit requiring the individual to remove the content from the sites that they uploaded it to at their own expense. New legislation is working its way through our local government pertaining to revenge porn cases, as well.

An individual accused of revenge porn can also be sued for damages in civil court in addition to any criminal penalties associated with posting such intimate content. Regardless of whether the content is taken down immediately after it is uploaded, the state views revenge porn as a serious crime because photos or videos posted online will often remain somewhere on the internet forever.

If revenge porn of a student who is under the age of 18 is posted, it is technically considered child porn, and the individual accused of posting the content could face felony charges, even if the content is soft-core porn that does not feature any penetration or simply nude images.

Evidence in a Revenge Porn Case

Evidence commonly seen in revenge porn cases includes data regarding the sexual content’s origin, its timestamp, and whether the content was altered. In addition, IP information and extremely detailed, technical evidence is required. Determining the content’s origin can be problematic because there have been cases where an alleged victim has put their own picture of video online using a computer at a library or someone else’s electronic device and blamed another individual for posting it.

Not every photograph or video has date or timestamps, or such information might not be stored by the online platform that the content was uploaded to, making it difficult to determine when the content was posted online. For example, SnapChat does not maintain its own servers, as content sent via the app is intended to be destroyed after a short period of time and is often unable to be timely subpoenaed or entered as evidence. Photoshop and other graphic design software or apps can be used to make the subject of sexual content appear to be someone else entirely.

It is essential for individuals accused of producing or distributing revenge porn to speak with a seasoned Colorado Front Range student revenge porn lawyer as soon as possible because obtaining evidence to adequately defend against such accusations can be incredibly time-sensitive. Some evidence is destroyed within a matter of hours, while a subpoena sent to a major social media platform’s corporate office, like Twitter, Facebook, or Instagram, might not be responded to for months, regardless of the date of a hearing or trial.

Experienced student defense lawyers will know of experts who can determine the viability of each piece of evidence and which methods to use to confirm the validity of both the underlying image and how and when it was posted on the internet.

Reach Out to a Colorado Front Range Student Revenge Porn Attorney

Retaining a Colorado Front Range student revenge porn lawyer as soon as an individual is aware of revenge porn allegations also gives the individual a vocal advocate who can guide their interactions with law enforcement to ensure that they do not inadvertently make incriminating statements.

Let Jenn and Justie fight for you. Call today to schedule a free 30-minute consultation.