A Norfolk man was sentenced to 10 months in jail last month for sharing a nude photo of his ex-girlfriend without her permission—a case that’s highlighting gaps in Virginia’s handling of misdemeanor prosecutions.
Anthony D. Colbert, 39, was found guilty on March 25 of unlawfully distributing an explicit photo with the intent to harass. The image, which showed the victim’s genitals, was taken during their relationship with her consent but shared without it in December 2024, after an argument. Colbert sent the photo to a member of the woman’s family.
She reported the incident to police in January. The charge—unlawful dissemination of an image with intent to harass—is a misdemeanor in Virginia, carrying a penalty of up to 12 months in jail. But like many misdemeanor cases in Norfolk and across Hampton Roads, the original trial moved forward without a prosecutor.
Colbert was convicted in Norfolk Juvenile and Domestic Relations District Court in February and received a 12-month jail sentence. He appealed, triggering a trial in Norfolk Circuit Court—this time with the Commonwealth’s Attorney’s Office involved.
Colbert eventually pleaded no contest and received a slightly reduced sentence: 10 months in jail, with two additional months suspended on the condition that he stay out of further trouble for a year.
Commonwealth’s Attorney Ramin Fatehi said the decision to agree to less than the maximum sentence was not about going easy on Colbert, who has a history of domestic assaults against the same victim. It was, he said, about protecting the victim from having to relive the ordeal on the witness stand—and giving the court a legal tool to keep Colbert in line after his release.
“What Mr. Colbert did to his ex was morally reprehensible and criminal,” Fatehi said. “The only reason to offer a sentence below the maximum… is that it leaves two months over Mr. Colbert’s head to encourage him not to harm the victim again.”
But Fatehi also used the case to draw attention to a broader issue: the fact that many misdemeanor cases, including serious ones involving harassment or domestic violence, proceed without prosecutors because of funding shortages.
“This case is yet another example of why… I have lobbied… for additional prosecutors to be in the room to pursue fair and just outcomes for the community,” he said. “A victim’s and the accused’s access to justice should not depend on money.”