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April 28, 2014

Colorado House Unanimously Passes 'Revenge Porn' Bill

DENVER, Colo.—The Colorado House today voted 65-0 to pass so-called 'revenge porn" legislation that would make it a Class 1 misdemeanor for someone to publish explicit photos or videos without the prior consent of the depicted person. According to the Bill Summary, if passed, HB 1387 would make it "a crime for a person 18 years of age or older, with the intent to cause serious emotional distress, to post, add to a post, or otherwise distribute through the use of social media any photograph, video, or other image containing the intimate parts of an identified or person 18 years of age or older, without the depicted person's consent, after the depicted person communicated to the actor an expectation that the image would remain private and such conduct results in serious emotional distress." Offenders could also be fined up to $10,000 under the bill as well as ordered to remove problematic images from the internet. A previous version of the bill made the fine mandatory, but a lobbyist for the Colorado Criminal Defense Bar successfully argued in testimony that the amount was excessive for a misdemeanor. The bill now moves to the Senate for debate and a vote. HB 1387 can be read here.

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