(1)(a) An actor who is eighteen years of age or older commits the offense of posting a private image for harassment if he or she posts or distributes through the use of 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:
(I) With the intent to harass the depicted person and inflict serious emotional distress upon the depicted person;
(II)(A) Without 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; and
(III) The conduct results in serious emotional distress of the depicted person.
(b) Posting a private image for harassment 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) It shall not be an offense under this section if the photograph, video, or image is related to a newsworthy event.
(3) Nothing in this section precludes punishment under any section of law providing for greater punishment.
(4)(a) An individual whose private intimate parts have been posted in accordance with this section may bring a civil action against the person who caused the posting of the private images and is entitled to injunctive relief, the greater of ten thousand dollars or actual damages incurred as a result of the posting of the private images, exemplary damages, and reasonable attorney fees and costs.
(b) An individual whose private intimate parts have been 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) “Newsworthy event” means a matter of public interest, of public concern, or related to a public figure who is intimately involved in the resolution of important public questions or, by reason of his or her fame, shapes events in areas of concern to society.
(b) “Private intimate parts” means external genitalia or the perineum or the anus or the pubes of any person or the breast of a female.
(c) “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.
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