Colorado criminal charge
Disclosing a private intimate image or intimate digital depiction for pecuniary gain in Colorado
Disclosing a private intimate image or intimate digital depiction for pecuniary gain is a criminal offense under Colorado law, defined by C.R.S. § 18-7-108. Its classification is not fixed: Colorado assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by C.R.S. § 18-7-108.
What is the penalty for disclosing a private intimate image or intimate digital depiction for pecuniary gain in Colorado?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 364 days (no statutory minimum) (Disclosing private intimate image/digital depiction for pecuniary gain - base offense — Applies as the default classification when an actor eighteen or older discloses or threatens to disclose a private intimate image or intimate digital depiction without consent for pecuniary gain or with knowledge it would cause financial harm, absent an imminent and serious threat to safety.) | discretionary | C.R.S. § 18-1.3-501 |
| Fine | up to 1000 usd (no statutory minimum) (Disclosing private intimate image/digital depiction for pecuniary gain - base offense — Applies as the default classification when an actor eighteen or older discloses or threatens to disclose a private intimate image or intimate digital depiction without consent for pecuniary gain or with knowledge it would cause financial harm, absent an imminent and serious threat to safety.) | discretionary | C.R.S. § 18-1.3-501 |
| Jail / prison | 12 months to 18 months (Disclosing private intimate image/digital depiction for pecuniary gain - imminent safety threat — Applies when the actor disclosed the private intimate image or intimate digital depiction and the disclosure posed an imminent and serious threat to the depicted individual's or their immediate family's safety, and the actor knew or reasonably should have known of that threat.) | presumptive | C.R.S. § 18-1.3-401 |
| Fine | 1000 usd to 100000 usd (Disclosing private intimate image/digital depiction for pecuniary gain - imminent safety threat — Applies when the actor disclosed the private intimate image or intimate digital depiction and the disclosure posed an imminent and serious threat to the depicted individual's or their immediate family's safety, and the actor knew or reasonably should have known of that threat.) | discretionary | C.R.S. § 18-1.3-401 |
| Parole / supervision | 1 years to 1 years (Disclosing private intimate image/digital depiction for pecuniary gain - imminent safety threat — Applies when the actor disclosed the private intimate image or intimate digital depiction and the disclosure posed an imminent and serious threat to the depicted individual's or their immediate family's safety, and the actor knew or reasonably should have known of that threat.; mandatory parole) | mandatory | C.R.S. § 18-1.3-401 |
Applies to offenses on/after 2022-03-01 (SB21-271).
How is disclosing a private intimate image or intimate digital depiction for pecuniary gain classified in Colorado?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Disclosing private intimate image/digital depiction for pecuniary gain - base offense | class 1 misdemeanor | Applies as the default classification when an actor eighteen or older discloses or threatens to disclose a private intimate image or intimate digital depiction without consent for pecuniary gain or with knowledge it would cause financial harm, absent an imminent and serious threat to safety. | 18-7-108(1)(b) |
| Disclosing private intimate image/digital depiction for pecuniary gain - imminent safety threat | class 6 felony | Applies when the actor disclosed the private intimate image or intimate digital depiction and the disclosure posed an imminent and serious threat to the depicted individual's or their immediate family's safety, and the actor knew or reasonably should have known of that threat. | 18-7-108(1)(b) |
Common questions about disclosing a private intimate image or intimate digital depiction for pecuniary gain in Colorado
Is disclosing a private intimate image or intimate digital depiction for pecuniary gain a felony or a misdemeanor in Colorado?
It depends on the circumstances: disclosing a private intimate image or intimate digital depiction for pecuniary gain ranges from a class 1 misdemeanor to a class 6 felony in Colorado under C.R.S. § 18-7-108.
Disclosing private intimate image/digital depiction for pecuniary gain - base offense: class 1 misdemeanor (C.R.S. § 18-7-108(1)(b)) · Disclosing private intimate image/digital depiction for pecuniary gain - imminent safety threat: class 6 felony (C.R.S. § 18-7-108(1)(b))
What are the penalties for disclosing a private intimate image or intimate digital depiction for pecuniary gain in Colorado?
Penalties for disclosing a private intimate image or intimate digital depiction for pecuniary gain in Colorado depend on how it is classified — from a class 1 misdemeanor up to a class 6 felony — with the ranges set by C.R.S. § 18-1.3-501 and C.R.S. § 18-1.3-401; the full table of ranges by variant is published on this page.
Which Colorado statute covers disclosing a private intimate image or intimate digital depiction for pecuniary gain?
Disclosing a private intimate image or intimate digital depiction for pecuniary gain is governed by C.R.S. § 18-7-108 (Disclosing a private intimate image or intimate digital depiction for pecuniary gain - definitions).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.