UNIFORM CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT

While not a traditional “Invasion of Privacy” claim, a statutory civil claim under this law falls within the same category. The statutory civil claims are found at C.R.S. 13-21-1401 et seq. However, these so-called “revenge porn” statutes are also criminal violations. See C.R.S. §§ 18-7-107 and 108. Carrying awards of punitive damages and attorneys fees and a lengthy 6 year statute of limitations, this statute is a powerful civil remedy against disclosure of private images.

POSTING AN INTIMATE IMAGE

Under the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, the victim (plaintiff) may sue the defendant if the plaintiff can show:

1. the defendant intentionally disclosed or threatened to disclose;
2. an intimate image of plaintiff that was private;
3. plaintiff was identifiable in the image;
4. without plaintiff’s consent;
5. with knowledge or reckless disregard;
6. the plaintiff suffered harm caused by the intentional or threatened disclosure

See C.R.S. 13-21-1403.

REMEDIES AVAILABLE TO THE PLAINTIFF

Plaintiff may recover the greater of economic and noneconomic damages, including emotional distress damages, resulting from the defendant’s actual or threatened disclosures or statutory damages not to exceed $10,000. See C.R.S. 13-21-1406. The plaintiff may also recover any amount equal to the monetary gain made by the defendant from disclosing/selling the private images, and, punitive damages. Finally, plaintiff may recover reasonable attorneys fees and costs and any additional relief needed, such as injunctive relief.

CONCLUSION

Internet laws are constantly evolving. This statute creates a newer cause of action in Colorado. At Volpe Law, our attorneys are ready to help you with your potential claim/defense: give us a call at 303-268-2867 or complete a consultation request form for more information on how we can help!

DISCLAIMER

The information contained on this website is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter. Laws frequently change and therefore this content is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter. You may request a consultation by completing our consultation request form.