DC4A5D0C519EA50E87258256006F24E4 Hearing Summary

The committee recessed.

The committee returned to order. Representatives Jackson and Carver, prime sponsors, presented House Bill 18-1264, concerning measures to clarify the scope of revenge porn criminal offenses.  Committee members received a fact sheet on the bill, prepared by the Department of Law (Attachment B). Representative Jackson explained the concept of revenge porn, and discussed the need for the bill. Representative Carver discussed the genesis of the legislation, and the effect of HB 18-1264. Representative Carver also discussed the positions of certain stakeholders on the bill, and responded to questions regarding the intent element under the bill.

Ms. Cynthia Kowert, representing the Department of Law, testified in support of the bill. Ms. Kowert explained how the bill strengthens current revenge porn laws. Ms. Kowert responded to questions regarding various departmental jurisdictions involved in the prosecution of revenge porn. Discussion returned to the intent requirement under the bill. Ms. Kowert responded to questions regarding what constitutes posting revenge porn under HB 18-1264, and the applicability of the bill under certain circumstances.

Ms. Cassandra Kirsch, representing the Law Office of Cassandra M. Kirsch, testified in support of HB 18-1264. Ms. Kirsch discussed the damage caused by the perpetration of revenge porn, and ways that perpetrators attempt to circumvent revenge porn laws. She discussed the "newsworthy" provision of the bill, and changing communication norms. Ms. Kirsch responded to questions regarding the ability to seek injunctive relief and civil damages under the bill, and the penalties available under the bill. Discussion ensued regarding the compounding of charges in revenge porn cases. Ms. Kirsch responded to further questions regarding attempts to prosecute revenge porn under other criminal statutes, such as defamation statutes.

Ms. Kirsch responded to questions regarding the types of activities that might qualify images as revenge porn.

Mr. Gary Dawson, representing the Eighteenth Judicial District, testified in support of HB 18-1264. Mr. Dawson explained how the bill will increase the types of images that might result in a prosecution. Mr. Dawson addressed questions raised during earlier discussion.

Ms. Jane Doe, representing herself, testified in support of the bill. Ms. Doe related her experiences as a victim of revenge porn.

No amendments were offered to HB 18-1264. Representative Willett provided his position on the bill. The co-sponsors provided closing remarks in support of the bill.