Colorado Revised Statute § 18-7-108 C.R.S. makes it a crime for adults to electronically disclose an intimate image of another adult without their consent for the purpose of financial gain. It does not matter if the intimate image is real or fake/AI-generated or whether the image is privately DM-ed or posted publicly on social media.
Posting a private image for pecuniary gain in Colorado can be a misdemeanor or a felony depending on the seriousness of the case.
In this article, our Denver criminal defense lawyers will address the following key issues regarding posting a private image for pecuniary gain in Colorado law:
- 1. Elements of C.R.S. 18-7-108
- 2. Penalties
- 3. Defenses
- 4. Related Offense
- Frequently Asked Questions
- Additional Reading
1. Elements of C.R.S. 18-7-108
To be convicted of posting a private image for pecuniary gain in Colorado, prosecutors must prove beyond a reasonable doubt the following five elements:
- You were at least 18,
- You transferred, published, or distributed (or threatened to do so) a private intimate image (real or fake) through electronic media or a website,
- The person in the image was at least 18,
- The person in the image did not give their consent, and
- You either:
- intended to get money or financial gain as a result; or
- knew (or reasonably should have known) that the person in the image had a reasonable expectation that the image would remain private and that the disclosure would cause them financial harm.
For instance, consider a woman who posts a series of naked pictures of her ex-husband on Facebook, making them visible to all their friends, acquaintances, and family. She claims that she will only take the picture down if he agrees to pay for his half of the rent for one last month on their shared apartment. If the ex-husband decides to alert the authorities, or another person reports the posts, the woman could be arrested and charged for posting a private image for pecuniary gain.
Note that “private intimate” parts comprise a person’s external genitalia, or the perineum or the anus or the pubes of any person or the female breast.1
Violating C.R.S. 18-7-108 can be a misdemeanor or a felony in Colorado.
2. Penalties
In Colorado, posting a private image for pecuniary gain is usually a class 1 misdemeanor carrying up to 364 days in jail and/or $1,000. In addition, the court will impose a mandatory fine of up to $10,000.
However, violating C.R.S. 18-7-108 becomes a class 6 felony if the disclosure posed an imminent and serious threat to the safety of the person depicted or their immediate family. This carries one to one-and-a-half years of Colorado State Prison (plus one year of parole) and/or $1,000 to $100,000. In addition, the court will impose a mandatory fine of up to $10,000.2
Note you also face a civil lawsuit by the person depicted in the images, whether or not criminal charges go forward.
3. Defenses
Here at Colorado Legal Defense Group, we have represented countless people charged with sex-related crimes such as posting a private image for pecuniary gain. In our experience, the following five defenses have proven very effective with prosecutors, judges, and juries at getting C.R.S. 18-7-108 charges reduced or dismissed.
- The image did not depict an intimate part.
- There was no intent of pecuniary gain.
- The depicted person consented.
- You were falsely accused.
- The police committed misconduct (such as an unlawful search).
Consent is a strong defense to charges of posting a private image for pecuniary gain.
4. Related Offense
Posting a Private Image for Harassment (Revenge Porn)
This offense, which is also commonly known as “revenge porn,” occurs when you post intimate pictures of someone online with the purpose of harassing or upsetting them, and they suffer serious emotional distress. Posting a private image for harassment (revenge porn) carries the same penalty as posting private images for pecuniary gain.4
Frequently Asked Questions
What happens if I shared an intimate image but did not intend to make money from it?
If you did not intend to gain money and the person didn’t suffer financial harm, you may not be guilty under this law. However, you could still face charges under Colorado’s revenge porn law (C.R.S. 18-7-107) if you intended to harass the person. Intent for financial gain is a key element prosecutors must prove beyond a reasonable doubt.
Can I be charged even if the intimate images are fake or AI-generated?
Yes, Colorado law applies to both real and fake/AI-generated intimate images. The law specifically covers “intimate digital depictions” created by AI, computer software, or digital editing tools. It doesn’t matter if the image is authentic – what matters is that it appears realistic and depicts someone without their consent for financial gain.
What is the difference between a misdemeanor and felony charge for this crime?
Most cases are charged as a class 1 misdemeanor, carrying up to 364 days in jail, $1,000 fine, plus a mandatory fine up to $10,000. However, it becomes a class 6 felony (one to one-and-a-half years in prison, $1,000 to $100,000 fine, plus the mandatory $10,000 fine) if the disclosure created an immediate and serious threat to the person’s safety or their family’s safety.
Can the person in the images sue me even if criminal charges are dropped?
Yes, you can face a civil lawsuit regardless of whether criminal charges go forward. The person depicted in the images has the right to sue you for damages in civil court, which is separate from any criminal case. This means you could face both criminal penalties and be required to pay money damages to the victim.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- The Legal Implications and Remedies Concerning Revenge Porn and Fake Porn: A Common Law Perspective – Sexuality and Culture.
- Fighting Back against Revenge Porn: A Legislative Solution – Northwestern Journal of Law & Social Policy.
- Upskirting: A Statutory Analysis of Legislative Responses to Video Voyeurism 10 Years Down the Road – Criminal Justice Review.
- Up Skirts and Down Blouses: A Statutory Analysis of Legislative Responses to Video Voyeurism – Criminal Justice Studies.
- Peeping: Open justice and law’s voyeurs – Cultural Legal Studies.
Legal References
- C.R.S. 18-7-108 – Disclosing a private intimate image or intimate digital depiction for pecuniary gain – definitions.
(1)
(a) An actor who is eighteen years of age or older commits the offense of disclosing a private intimate image or intimate digital depiction for pecuniary gain if the actor discloses or threatens to disclose through electronic media or a website a private intimate image or intimate digital depiction without the depicted individual’s consent:
(I) With the intent to obtain a pecuniary benefit from a person as a result of the disclosure, threatened disclosure, or retraction of the private intimate image or intimate digital depiction; or
(II) When the actor knew or reasonably should have known that:
(A) The depicted individual had a reasonable expectation that the private intimate image or intimate digital depiction would remain private; and
(B) The disclosure would cause financial harm to the depicted individual.
(b) Disclosing a private intimate image or intimate digital depiction for pecuniary gain is a class 1 misdemeanor; except that it is a class 6 felony if 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 safety or the safety of the depicted individual’s immediate family and the actor knew or reasonably should have known of the imminent and serious threat.
(c) Notwithstanding section 18-1.3-501 (1)(a.5), 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 subsection (1)(c) must be credited to the crime victim compensation fund created in section 24-4.1-117.
(2) Repealed.
(2.5) It is not a defense to an alleged violation of this section that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the intimate digital depiction.
(3) Nothing in this section precludes punishment under any section of law providing for greater punishment.
(4)
(a) Repealed.
(b) An individual whose private intimate image has been disclosed in accordance with this section retains a protectable right of authorship regarding the commercial use of the private intimate image.
(5)
(a) Nothing in this section imposes 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 (24); or a telecommunications service, as defined in 47 U.S.C. sec. 153 (53), for content provided by another person.
(b) Nothing in this section imposes liability on the provider of an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2), for:
(I) An action the provider of an interactive computer service takes voluntarily and in good faith to restrict access to or availability of a private intimate image or intimate digital depiction; or
(II) An action the provider of an interactive computer service takes to enable or make available to information content providers, as defined in 47 U.S.C. sec. 230 (f)(3), or other persons the technical means to restrict access to a private intimate image or intimate digital depiction.
(5.5) This section does not apply to a disclosure of a private intimate image or an intimate digital depiction if the disclosure was made in good faith:
(a) To law enforcement while reporting a violation of this section; or
(b) To the court, a party, or a finder of fact in a criminal proceeding brought pursuant to this section.
(6) For purposes of this section, unless the context otherwise requires:
(a) to (e) (Deleted by amendment, L. 2025.)
(f) “Computer-generated” means created, developed, made, or produced by digital software, including, but not limited to, phone applications and image editing software.
(g) “Depicted individual” means an individual who is eighteen years of age or older and who is identifiable by virtue of the individual’s face, likeness, or other distinguishing characteristic, including a unique birthmark or other recognizable feature, and who:
(I) By digital or computer-generated means appears in whole or in part in an intimate digital depiction; or
(II) Appears in whole or in part in a private intimate image.
(h) “Digital depiction” means a photograph, film, videotape, recording, digital file, or other highly realistic visual depiction of a depicted individual that falsely appears to be authentic or truthful, features a depiction of an individual appearing to act in a way that the individual did not act, and has been created, altered, or produced by digitization or computer-generated means. “Digital depiction” does not include handmade drawings or cartoons.
(i) “Digitization” means creating or altering visual or printed matter in a realistic manner using images of another person or computer-generated images, regardless of whether the creation or alteration is accomplished manually or through an automated process. “Digitization” includes, but is not limited to, creation or alteration of visual or printed matter using generative AI software.
(j) “Disclose” means to transfer, publish, distribute, or make accessible.
(k) “Electronic media” means an 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 or chats, live blogs or live streams, podcasts, instant messages, direct messages, electronic mail, or internet website profiles.
(l) “Generative AI” means a subset of artificial intelligence that involves using algorithms and models to generate or create new and original content.
(m) “Image editing software” means a computer program that allows editing, modification, or alteration of an image or video.
(n) “Intimate digital depiction” means a digital depiction that depicts:
(I) The intimate parts of a depicted individual; or
(II) Sexual acts of a depicted individual.
(o) “Private intimate image” means a photograph, film, videotape, recording, digital file, or other reproduction that depicts the private intimate parts of a depicted individual or a depicted individual engaging in sexual acts, regardless of whether or not intimate parts are visible in the image.
(p) “Private intimate parts” means external genitalia or the perineum or the anus or the pubes of any person or the breast of a female.
(q) “Sexual acts” means sexual intrusion or sexual penetration as defined in section 18-3-401. - C.R.S. 18-7-108. Prior to March 1, 2022, class 1 misdemeanors carried up to 18 months in jail and/or up to $5,000 in fines. SB21-271.
- C.R.S. 18-7-108.
- C.R.S. 18-7-107. See also People in the Interest of S.G.H. (Colo. 2025) No. 25SA29.