Senate Bill 25-288 Revised

A Bill for an Act

• Page 1, Line 101Concerning preventing certain disclosures of intimate

• Page 1, Line 102depictions, and, in connection therewith, creating a

• Page 1, Line 103cause of action for nonconsensual disclosure of an

• Page 1, Line 104intimate digital depiction and adding and amending

• Page 1, Line 105related provisions in criminal law.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)

The bill creates a cause of action against a person who discloses or threatens to disclose a realistic visual depiction of another individual (depicted individual) that has been created, altered, or produced by generative AI, image editing software, or computer-generated means (intimate digital depiction). A depicted individual who has suffered harm from the nonconsensual disclosure or threatened disclosure of an intimate digital depiction has a cause of action against the person who disclosed or threatened to disclose the intimate digital depiction if the person knew or acted with reckless disregard for whether the depicted individual:

• Did not consent to the disclosure;
• Would experience severe emotional distress due to the disclosure or threatened disclosure; and
• Was identifiable.
• With the intent to harass, intimidate, or coerce the depicted individual, or with the intent to obtain a pecuniary benefit; or
• Knowing, or under circumstances when the person reasonably should have known, that the disclosure or threatened disclosure would cause physical, emotional, reputational, or economic harm to the depicted individual.
• Affected the conduct of an administrative, legislative, or judicial proceeding of a governmental agency, including the administration of an election; or
• Posed an imminent and serious threat to the safety of the depicted individual or the depicted individual's immediate family and the person knew or reasonably should have known of the imminent and serious threat.

The bill provides an exception to civil liability if the disclosure is made in good faith under various circumstances or is related to a matter of public concern.

A successful plaintiff may recover the defendant's monetary gain from the intimate digital depiction; either actual damages or liquidated damages of $150,000; exemplary damages; and litigation costs, including reasonable attorney fees. A court may also order the defendant to cease disclosure of the intimate digital depiction.

The bill updates the definition of "sexually exploitative material" in the context of the criminal law punishing sexual exploitation of a child to include realistic computer-generated digital depictions that are obscene.

The bill changes the criminal offenses of posting a private image for harassment and posting a private image for pecuniary gain to the related offenses of disclosing a private intimate image or intimate digital depiction for the same purposes. A person commits disclosure of a private intimate image or intimate digital depiction for harassment or for pecuniary gain if the person discloses or threatens to disclose a private intimate image or intimate digital depiction without consent:

Disclosing a private intimate image or intimate digital depiction is a class 1 misdemeanor; except that it is a class 6 felony if the person made the disclosure and the disclosure:

• Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:

• Page 3, Line 2SECTION 1.  In Colorado Revised Statutes, add part 15 to article 21 of title 13 as follows:

• Page 3, Line 3PART 15

• PREVENTING UNAUTHORIZED DISCLOSURE

• Page 3, Line 4OF INTIMATE DIGITAL DEPICTIONS ACT

• Page 3, Line 513-21-1501.  Short title.The short title of this part 15 is the

• Page 3, Line 6"Preventing Unauthorized Disclosure of Intimate Digital Depictions Act".

• Page 3, Line 713-21-1502.  Definitions.As used in this part 15, unless the context otherwise requires:

• Page 3, Line 8(1)  "Broadcaster" means:

• Page 3, Line 9(a)  An entity that operates a licensed AM, FM, or

• Page 3, Line 10television broadcast facility under the jurisdiction of the

• Page 3, Line 11federal communications commission, including a digital platform owned and operated by the entity; or

• Page 3, Line 12(b)  A radio or television broadcasting station, including

• Page 3, Line 13a cable or satellite television operator, programmer, producer, or streaming service.

• Page 3, Line 14(2)  "Computer-generated" means created, developed,

• Page 3, Line 15made, or produced by digital software, including, but not limited to, phone applications and image editing software.

• Page 3, Line 16(3)  "Consent" means affirmative, conscious, and voluntary authorization by a depicted individual;

• Page 3, Line 17(4)  "Depicted individual" means an individual who, by

• Page 4, Line 1digital or computer-generated means, appears in whole or in

• Page 4, Line 2part in an intimate digital depiction and who is identifiable by

• Page 4, Line 3virtue of the individual's face, likeness, or other distinguishing

• Page 4, Line 4characteristic, including a unique birthmark or other

• Page 4, Line 5recognizable feature, or from information another person displays in connection with the digital depiction.

• Page 4, Line 6(5)  "Digital depiction" means a highly realistic visual

• Page 4, Line 7depiction of a depicted individual that falsely appears to be

• Page 4, Line 8authentic or truthful, features a depiction of an individual

• Page 4, Line 9appearing to act in a way that the individual did not act, and has

• Page 4, Line 10been created, altered, or produced by generative AI, image

• Page 4, Line 11editing software, or computer-generated means. "Digital

• Page 4, Line 12depiction" includes stored data that is capable of conversion

• Page 4, Line 13into a visual image. "Digital depiction" does not include an image

• Page 4, Line 14of the depicted individual contemporaneously captured by film,

• Page 4, Line 15video, camera, or digital means without further editing,

• Page 4, Line 16changes, alterations, or additions of an intimate part or explicit

• Page 4, Line 17sexual conduct not otherwise found in the original image or captured at the time of the original image.

• Page 4, Line 18(6)  "Disclose" means to transfer, publish, distribute, or make accessible.

• Page 4, Line 19(7)  "Explicit sexual conduct" means sexual intercourse,

• Page 4, Line 20sexual intrusion, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement.

• Page 4, Line 21(8)  "Generative AI" means a subset of artificial

• Page 4, Line 22intelligence that involves using algorithms and models to

• Page 4, Line 23generate or create new and original content.

• Page 5, Line 1(9)  "Image editing software" means a computer program

• Page 5, Line 2that allows editing, modification, or alteration of an image or video.

• Page 5, Line 3(10)  "Intimate digital depiction" means a digital depiction that depicts:

• Page 5, Line 4(a)  The intimate parts of a depicted individual;

• (b)  Sexual contact involving a depicted individual; or

• Page 5, Line 5(c)  A depicted individual engaging in explicit sexual conduct.

• Page 5, Line 6(11)  "Intimate parts" means the external genitalia or the

• Page 5, Line 7perineum or the anus or the buttocks or the pubes or the breast of a person.

• Page 5, Line 8(12)  "Reckless disregard" means consciously disregarding

• Page 5, Line 9a substantial and unjustifiable risk that a result will occur or

• Page 5, Line 10that a circumstance exists. "Reckless disregard" includes, but

• Page 5, Line 11is not limited to, circumstances when a person is placed on

• Page 5, Line 12notice, either implicitly or explicitly, that the disclosure would

• Page 5, Line 13cause reputational, emotional, financial, or physical harm to the depicted individual.

• Page 5, Line 14(13)  "Sexual contact" means:

• Page 5, Line 15(a)  The touching of a depicted individual's intimate parts

• Page 5, Line 16by another person, or of another person's intimate parts by the

• Page 5, Line 17depicted individual, or the touching of the clothing covering the

• Page 5, Line 18immediate area of the depicted individual or other person's

• Page 5, Line 19intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse;

• Page 5, Line 20(b)  The emission or ejaculation of seminal fluid onto a

• Page 6, Line 1body part of the depicted individual or the clothing covering a body part of the depicted individual; or

• Page 6, Line 2(c)  Causing semen, blood, urine, feces, or a bodily

• Page 6, Line 3substance to contact a body part of the depicted individual or

• Page 6, Line 4the clothing covering a body part of the depicted individual if

• Page 6, Line 5that contact with semen, blood, urine, feces, or a bodily

• Page 6, Line 6substance is for the purpose of sexual arousal, gratification, or abuse.

• Page 6, Line 7(14)  "Voluntary authorization" means authorization

• Page 6, Line 8provided in the absence of force, fraud, misrepresentation, duress, or coercion.

• Page 6, Line 913-21-1503.  Civil action - consent - disclaimers. (1)  Except as

• Page 6, Line 10otherwise provided in section 13-21-1504, a depicted individual

• Page 6, Line 11who is the subject of an intimate digital depiction that a person

• Page 6, Line 12disclosed or threatened to disclose without the depicted

• Page 6, Line 13individual's consent and who has suffered harm from the

• Page 6, Line 14disclosure or threatened disclosure of the intimate digital

• Page 6, Line 15depiction has a cause of action against the person who disclosed

• Page 6, Line 16the intimate digital depiction if the person knew or acted with reckless disregard for whether the depicted individual:

• Page 6, Line 17(a)  Did not consent to the disclosure;

• Page 6, Line 18(b)  Would experience severe emotional distress due to the disclosure or threatened disclosure; and

• Page 6, Line 19(c)  Was identifiable.

• Page 6, Line 20(2)  For purposes of an action brought pursuant to subsection (1) of this section:

• Page 6, Line 21(a)  A depicted individual's consent to the creation of the

• Page 7, Line 1intimate digital depiction does not establish that the depicted

• Page 7, Line 2individual consented to disclosure of the intimate digital depiction;

• Page 7, Line 3(b)  A depicted individual's consent is not valid unless the consent is set forth in an agreement that:

• Page 7, Line 4(I)  Is written in plain language;

• Page 7, Line 5(II)  Is signed knowingly and voluntarily by the depicted individual;

• Page 7, Line 6(III)  Includes a general description of the intimate digital depiction;

• Page 7, Line 7(IV)  Identifies the specific use of the intimate digital

• Page 7, Line 8depiction agreed upon between the parties, including the

• Page 7, Line 9platforms or locations where the intimate digital depiction will

• Page 7, Line 10be published or otherwise made available to third parties, the

• Page 7, Line 11time period during which the intimate digital depiction will be

• Page 7, Line 12made available to third parties, and security features

• Page 7, Line 13contained within the digital depiction to prevent theft or unauthorized copying; and

• Page 7, Line 14(V)  If applicable, includes a general description of the

• Page 7, Line 15visual work into which the intimate digital depiction is

• Page 7, Line 16incorporated, including, but not limited to, a movie, television

• Page 7, Line 17show, artwork, product, comic book, computer application,

• Page 7, Line 18visual novel, web series, online avatar, dating application, computer game, video game, or chatbot; and

• Page 7, Line 19(c)  Previous consensual disclosure of the intimate digital

• Page 7, Line 20depiction that is the subject of the action does not, by itself,

• Page 7, Line 21establish that the depicted individual consented to a subsequent disclosure of the intimate digital depiction.

• Page 8, Line 1(3)  It is not a defense to an action brought pursuant to

• Page 8, Line 2this part 15 that there is a disclaimer stating that the intimate

• Page 8, Line 3digital depiction of the depicted individual was unauthorized or

• Page 8, Line 4that the depicted individual did not participate in the creation or development of the intimate digital depiction.

• Page 8, Line 5(4)  In the case of a depicted individual who is under

• Page 8, Line 6eighteen years of age or is incompetent, incapacitated, or

• Page 8, Line 7deceased, the legal guardian of the depicted individual, another

• Page 8, Line 8family member, a representative of the depicted individual's

• Page 8, Line 9estate, or any other person appointed as suitable by the court

• Page 8, Line 10may assume the depicted individual's rights pursuant to this part

• Page 8, Line 1115; except that a defendant against whom an action is brought

• Page 8, Line 12pursuant to this part 15 shall not, in any event, assume the depicted individual's rights.

• Page 8, Line 13(5)  This section is not the exclusive remedy for a

• Page 8, Line 14disclosure or threatened disclosure of an intimate digital

• Page 8, Line 15depiction; a plaintiff may also bring any other available common law or statutory claims.

• Page 8, Line 1613-21-1504.  Exceptions to liability - construction. (1) (a)  A

• Page 8, Line 17person is not liable under this part 15 if the person proves that

• Page 8, Line 18disclosure of, or a threat to disclose, the intimate digital depiction was:

• Page 8, Line 19(I)  Made in good faith:

• (A)  To law enforcement; or

• Page 8, Line 20(B)  In a legal proceeding;

• Page 9, Line 1(II)  Made in good faith in the reporting or investigation of:

• Page 9, Line 2(A)  Unlawful conduct; or

• (B)  Unsolicited and unwelcome conduct;

• Page 9, Line 3(III)  Related to a matter of public concern or public interest; or

• Page 9, Line 4(IV)  Reasonably intended to assist the depicted individual.

• Page 9, Line 5(b)  Notwithstanding the exceptions in subsection (1)(a) of

• Page 9, Line 6this section, a claim of good faith does not limit liability for a

• Page 9, Line 7defendant who created, developed, or otherwise made the intimate digital depiction.

• Page 9, Line 8(2)  If a defendant asserts an exception to liability

• Page 9, Line 9pursuant to this section, the exception does not apply if the

• Page 9, Line 10plaintiff proves by a preponderance of the evidence that the disclosure was:

• Page 9, Line 11(a)  Prohibited by law other than this part 15; or

• Page 9, Line 12(b)  Made, possessed, or distributed for the purposes of

• Page 9, Line 13sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

• Page 9, Line 14(3)  Disclosure of, or a threat to disclose, an intimate

• Page 9, Line 15digital depiction is not a matter of public concern or public interest solely because the depicted individual is a public figure.

• Page 9, Line 16(4)  This part 15 does not apply to media content that

• Page 9, Line 17constitutes satire or parody, or to media content, the

• Page 9, Line 18production of which is substantially dependent on the ability of

• Page 9, Line 19a person to physically or verbally impersonate a depicted individual and not upon computer-generated means.

• Page 10, Line 1(5)  This part 15 does not apply to the provider of technology used in the creation of an intimate digital depiction.

• Page 10, Line 2(6)  Nothing in this section imposes liability on the

• Page 10, Line 3provider of an interactive computer service, as defined in 47

• Page 10, Line 4U.S.C. sec. 230 (f)(2); an information service, as defined in 47

• Page 10, Line 5U.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.

• Page 10, Line 6(7)  Nothing in this part 15 imposes liability on the provider

• Page 10, Line 7of an interactive computer service, as defined in 47 U.S.C. sec. 230(f)(2), for:

• Page 10, Line 8(a)  An action the provider of an interactive computer

• Page 10, Line 9service takes voluntarily and in good faith to restrict access to or availability of an intimate digital depiction; or

• Page 10, Line 10(b)  An action the provider of an interactive computer

• Page 10, Line 11service takes to enable or make available to information

• Page 10, Line 12content providers, as defined in 47 U.S.C. sec. 230 (f)(3), or other

• Page 10, Line 13persons the technical means to restrict access to an intimate digital depiction.

• Page 10, Line 14(8) (a)  Notwithstanding any other provision of this part

• Page 10, Line 1515, a broadcaster is not liable pursuant to this part 15 solely

• Page 10, Line 16for the broadcast, rebroadcast, or publication of third-party

• Page 10, Line 17content that contains or is alleged to contain an intimate digital depiction if the broadcaster:

• Page 10, Line 18(I)  Did not create, alter, or materially contribute to the development of the intimate digital depiction;

• Page 10, Line 19(II)  Lacked actual knowledge that the content was an

• Page 11, Line 1intimate digital depiction that the depicted individual did not consent to have disclosed; and

• Page 11, Line 2(III)  Upon obtaining the actual knowledge described in

• Page 11, Line 3subsection(8)(a)(II)of this section, acted promptly and in good

• Page 11, Line 4faith to remove, cease further dissemination of, or otherwise limit access to the content, when reasonably feasible.

• Page 11, Line 5(b)  This subsection (8) does not limit liability if a

• Page 11, Line 6broadcaster knowingly or recklessly broadcasts, publishes, or

• Page 11, Line 7distributes content in violation of this part 15, or fails to respond to a valid request to remove the material.

• Page 11, Line 8(9)  This part 15 must be construed to be consistent with

• Page 11, Line 9the federal "Communications Decency Act of 1996", 47 U.S.C. sec. 230.

• Page 11, Line 1013-21-1505.  Plaintiff privacy. (1)  In a civil action filed pursuant to this part 15:

• Page 11, Line 11(a)  A plaintiff may proceed using a pseudonym in place of the plaintiff's true name;

• Page 11, Line 12(b)  The court may authorize an in camera proceeding; and

• Page 11, Line 13(c)  The court may make further orders as necessary to protect the identity and privacy of a plaintiff.

• Page 11, Line 1413-21-1506.  Remedies. (1)  In a civil action filed pursuant

• Page 11, Line 15to this part 15, a prevailing plaintiff may recover all of the following:

• Page 11, Line 16(a)  An amount equal to the monetary gain the defendant

• Page 11, Line 17made from the creation, development, or disclosure of the intimate digital depiction;

• Page 11, Line 18(b)  Either of the following, whichever is greater:

• Page 12, Line 1(I)  The actual damages sustained by the depicted

• Page 12, Line 2individual as a result of the intimate digital depiction's disclosure, including damages for emotional distress; or

• Page 12, Line 3(II)  Liquidated damages of one hundred fifty thousand dollars;

• Page 12, Line 4(c)  Exemplary damages; and

• Page 12, Line 5(d)  The cost of the action, including reasonable attorney fees and other litigation costs reasonably incurred.

• Page 12, Line 6(2)  In a civil action filed pursuant to this part 15, a court

• Page 12, Line 7may, in addition to any other relief available pursuant to state

• Page 12, Line 8law, order equitable relief, including a temporary restraining

• Page 12, Line 9order, a preliminary injunction, or a permanent injunction

• Page 12, Line 10ordering the defendant to cease disclosure of the intimate digital depiction.

• Page 12, Line 1113-21-1507.  Rules.The attorney general may adopt rules as necessary for the purpose of implementing this part 15.

• Page 12, Line 12SECTION 2.  In Colorado Revised Statutes, 18-6-403, amend(1), (1.5), (2)(j), and (3.5); and add (2)(b.7), (2)(e.3), (9), and (10) as follows:

• Page 12, Line 1318-6-403.  Sexual exploitation of a child - legislative

• Page 12, Line 14declaration - definitions. (1)  The general assembly hereby finds and

• Page 12, Line 15declares: That the sexual exploitation of children constitutes a wrongful

• Page 12, Line 16invasion of the child's right of privacy and results in social,

• Page 12, Line 17developmental, and emotional injury to the child; that a child below the

• Page 12, Line 18age of eighteen years is incapable of giving informed consent to the use

• Page 12, Line 19of his or her the child's body for a sexual purpose or to the use of all

• Page 12, Line 20or part of the child's image to create sexually exploitative

• Page 12, Line 21material; and that to protect children from sexual exploitation it is

• Page 13, Line 1necessary to prohibit the production of material which involves or is

• Page 13, Line 2derived from such exploitation and to exclude all such material from the channels of trade and commerce.

• Page 13, Line 3(1.5)  The general assembly further finds and declares that the

• Page 13, Line 4mere possession or control of any sexually exploitative material results in

• Page 13, Line 5continuing victimization of our children by the fact that such material is

• Page 13, Line 6a permanent record of an act or acts of sexual abuse of a child; that the

• Page 13, Line 7creation or the mere possession or control of

• Page 13, Line 8computer-generated material or digital depictions using all or

• Page 13, Line 9part of the image of a child in sexually exploitative material

• Page 13, Line 10results in the victimization of our children; that each time such

• Page 13, Line 11material is shown or viewed, the child is harmed; that such material is

• Page 13, Line 12used to break down the will and resistance of other children to encourage

• Page 13, Line 13them to participate in similar acts of sexual abuse; that laws banning the

• Page 13, Line 14production and distribution of such material are insufficient to halt this

• Page 13, Line 15abuse; that in order to stop the sexual exploitation and abuse of our

• Page 13, Line 16children, it is necessary for the state to ban the possession of any sexually

• Page 13, Line 17exploitative materials; and that the state has a compelling interest in

• Page 13, Line 18outlawing the possession of any sexually exploitative materials in order

• Page 13, Line 19to protect society as a whole, and particularly the privacy, health, and emotional welfare of its children.

• Page 13, Line 20(2)  As used in this section, unless the context otherwise requires:

• Page 13, Line 21(b.7)  "Digitization" has the same meaning as in section 18-7-107 (6)(i).

• (e.3)  "Identifiable child" means a person who:

• Page 13, Line 23(I)  Was under the age of eighteen at the time a realistic

• Page 14, Line 1visual depiction of the person was created, produced, or altered

• Page 14, Line 2or a person whose image is used to create or produce a realistic

• Page 14, Line 3visual depiction or whose image is altered to be a realistic

• Page 14, Line 4visual depiction, and who was under the age of eighteen at the time the image was captured; and

• Page 14, Line 5(II)  Is identifiable by virtue of the individual's face,

• Page 14, Line 6likeness, or other distinguishing characteristic, including a unique birthmark or other recognizable feature.

• Page 14, Line 7(j)  "Sexually exploitative material" means: any

• Page 14, Line 8(I)  A photograph, motion picture, video, recording or broadcast

• Page 14, Line 9of moving visual images, live stream, print, negative, slide, or other

• Page 14, Line 10mechanically, electronically, chemically, or digitally reproduced visual

• Page 14, Line 11material that depicts a child engaged in, participating in, observing, or being used for explicit sexual conduct; or

• Page 14, Line 12(II)  A realistic visual depiction, which has been created,

• Page 14, Line 13altered, or produced by digitization or computer-generated

• Page 14, Line 14means, that depicts an identifiable child, in whole or in part,

• Page 14, Line 15engaged in, participating in, observing, or being used for explicit sexual conduct.

• Page 14, Line 16(3.5)  A juvenile's conduct that is limited to the elements of the

• Page 14, Line 17petty offense of possession of a private image private intimate image

• Page 14, Line 18or intimate digital depiction by a juvenile, as described in section

• Page 14, Line 1918-7-109 (2), or limited to the elements of the civil infraction of exchange

• Page 14, Line 20of a private image private intimate image or intimate digital

• Page 14, Line 21depiction by a juvenile, as described in section 18-7-109 (3), is not

• Page 14, Line 22subject to prosecution pursuant to subsection (3)(b) or (3)(b.5) of this

• Page 14, Line 23section.

• Page 15, Line 1(9)  A prosecution brought pursuant to this section does not require proof of the actual identity of an identifiable child.

• Page 15, Line 2(10)  When the charged offense involves sexually

• Page 15, Line 3exploitative material pursuant to subsection (2)(j)(II) of this

• Page 15, Line 4section, it is not a defense that the defendant lacked knowledge

• Page 15, Line 5of whether the realistic visual depiction was created, altered, or produced by digitization or computer-generated means.

• Page 15, Line 6SECTION 3.  In Colorado Revised Statutes, 18-7-107, amend (1), (2.5), (4)(b), (5), and (6); and add (5.5) as follows:

• Page 15, Line 718-7-107.  Disclosing a private intimate image or intimate

• Page 15, Line 8digital depiction for harassment - definitions. (1) (a)  An actor who is

• Page 15, Line 9eighteen years of age or older commits the offense of posting a private

• Page 15, Line 10image disclosing a private intimate image or intimate digital

• Page 15, Line 11depiction for harassment if the actor posts or distributes discloses or

• Page 15, Line 12threatens to disclose through the use of social electronic media or

• Page 15, Line 13any a website any photograph, video, or other image displaying the real

• Page 15, Line 14or simulated private intimate parts of an identified or identifiable person

• Page 15, Line 15eighteen years of age or older or an image displaying sexual acts of an

• Page 15, Line 16identified or identifiable person a private intimate image or an

• Page 15, Line 17intimate digital depiction without the depicted individual's consent:

• Page 15, Line 18(I)  With the intent to harass, intimidate, or coerce the depicted person;

• Page 15, Line 19(II) (A)  Without the depicted person's consent; or

• Page 15, Line 20(B)  When the actor knew or should have known that the depicted

• Page 15, Line 21person had a reasonable expectation that the image would remain private;

• Page 15, Line 22and

• Page 16, Line 1(III)  The conduct results in serious emotional distress of the depicted person.

• Page 16, Line 2(IV) (A)  With the intent to harass, intimidate, or coerce the depicted individual; or

• Page 16, Line 3(B)  When the actor knew or reasonably should have

• Page 16, Line 4known that the depicted individual had a reasonable

• Page 16, Line 5expectation that the private intimate image or intimate digital depiction would remain private; and

• Page 16, Line 6(V)  The disclosure or threat to disclose caused physical, emotional, or reputational harm to the depicted individual.

• Page 16, Line 7(b)  Posting a private image Disclosing a private intimate

• Page 16, Line 8image or intimate digital depiction for harassment is a class 1

• Page 16, Line 9misdemeanor; except that it is a class 6 felony if the actor

• Page 16, Line 10disclosed the private intimate image or intimate digital depiction

• Page 16, Line 11and the disclosure posed an imminent and serious threat to the

• Page 16, Line 12depicted individual's safety or the safety of the depicted

• Page 16, Line 13individual's immediate family and the actor knew or reasonably should have known of the imminent and serious threat.

• Page 16, Line 14(c)  Notwithstanding the provisions of section 18-1.3-501 (1)(a)

• Page 16, Line 15section 18-1.3-501 (1)(a.5), in addition to any other sentence the court

• Page 16, Line 16may impose, the court shall fine the defendant up to ten thousand dollars.

• Page 16, Line 17The fines collected pursuant to this paragraph (c) shall subsection (1)(c)

• Page 16, Line 18must be credited to the crime victim compensation fund created in section 24-4.1-117. C.R.S.

• Page 16, Line 19(2.5)  It is not a defense to an alleged violation of this section that

• Page 16, Line 20the image is partially digitally created or altered or that the private

• Page 16, Line 21intimate parts were digitally created or altered there is a disclaimer

• Page 17, Line 1stating that the intimate digital depiction of the depicted

• Page 17, Line 2individual was unauthorized or that the depicted individual did

• Page 17, Line 3not participate in the creation or development of the intimate digital depiction.

• Page 17, Line 4(4) (b)  An individual whose private intimate parts have been

• Page 17, Line 5posted or an individual who has had an image displaying sexual acts of

• Page 17, Line 6the individual posted image has been disclosed in accordance with this

• Page 17, Line 7section shall retain retains a protectable right of authorship regarding the commercial use of the private intimate image.

• Page 17, Line 8(5) (a)  Nothing in this section shall be construed to impose

• Page 17, Line 9imposes liability on the provider of an interactive computer service, as

• Page 17, Line 10defined in 47 U.S.C. sec. 230 (f)(2); an information service, as defined in

• Page 17, Line 1147 U.S.C. sec. 153 47 U.S.C. sec. 153 (24); or a telecommunications

• Page 17, Line 12service, as defined in 47 U.S.C. sec. 153 47 U.S.C. sec. 153 (53), for content provided by another person.

• Page 17, Line 13(b)  Nothing in this section imposes liability on the

• Page 17, Line 14provider of an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2), for:

• Page 17, Line 15(I)  An action the provider of an interactive computer

• Page 17, Line 16service takes voluntarily and in good faith to restrict access to

• Page 17, Line 17or availability of a private intimate image or intimate digital depiction; or

• Page 17, Line 18(II)  An action the provider of an interactive computer

• Page 17, Line 19service takes to enable or make available to information

• Page 17, Line 20content providers, as defined in 47 U.S.C. sec. 230 (f)(3), or other

• Page 17, Line 21persons the technical means to restrict access to a private

• Page 17, Line 22intimate image or intimate digital depiction.

• Page 18, Line 1(5.5)  This section does not apply to a disclosure of a

• Page 18, Line 2private intimate image or an intimate digital depiction if the disclosure was made in good faith:

• Page 18, Line 3(a)  To law enforcement while reporting a violation of this section; or

• Page 18, Line 4(b)  To the court, a party, or a finder of fact in a criminal proceeding brought pursuant to this section.

• Page 18, Line 5(6)  For purposes of this section, unless the context otherwise requires:

• Page 18, Line 6(a)  "Displaying sexual acts" means any display of sexual acts even if the private intimate parts are not visible in the image.

• Page 18, Line 7(b)  "Image" means a photograph, film, videotape, recording, digital file, or other reproduction.

• Page 18, Line 8(c)  "Private intimate parts" means external genitalia or the perineum or the anus or the pubes of any person or the breast of a female.

• Page 18, Line 9(d)  "Sexual acts" means sexual intrusion or sexual penetration as defined by section 18-3-401.

• Page 18, Line 10(e)  "Social media" means any electronic medium, including an

• Page 18, Line 11interactive computer service, telephone network, or data network, that

• Page 18, Line 12allows users to create, share, and view user-generated content, including

• Page 18, Line 13but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.

• Page 18, Line 14(f)  "Computer-generated" means created, developed,

• Page 18, Line 15made, or produced by digital software, including, but not limited to, phone applications and image editing software.

• Page 18, Line 16(g)  "Depicted individual" means an individual who is

• Page 18, Line 17eighteen years of age or older and who is identifiable by virtue

• Page 19, Line 1of the individual's face, likeness, or other distinguishing

• Page 19, Line 2characteristic, including a unique birthmark or other recognizable feature, and who:

• Page 19, Line 3(I)  By digital or computer-generated means appears in whole or in part in an intimate digital depiction; or

• Page 19, Line 4(II)  Appears in whole or in part in a private intimate image.

• Page 19, Line 5(h)  "Digital depiction" means a photograph, film,

• Page 19, Line 6videotape, recording, digital file, or other highly realistic

• Page 19, Line 7visual depiction of a depicted individual that falsely appears to

• Page 19, Line 8be authentic or truthful, features a depiction of an individual

• Page 19, Line 9appearing to act in a way that the individual did not act, and has

• Page 19, Line 10been created, altered, or produced by digitization or

• Page 19, Line 11computer-generated means. "Digital depiction" does not include handmade drawings or cartoons.

• Page 19, Line 12(i)  "Digitization" means creating or altering visual or

• Page 19, Line 13printed matter in a realistic manner using images of another

• Page 19, Line 14person or computer-generated images, regardless of whether

• Page 19, Line 15the creation or alteration is accomplished manually or through

• Page 19, Line 16an automated process. "Digitization" includes, but is not limited

• Page 19, Line 17to, creation or alteration of visual or printed matter using generative AI software.

• Page 19, Line 18(j)  "Disclose" means to transfer, publish, distribute, or make accessible.

• Page 19, Line 19(k)  "Electronic media" means an electronic medium,

• Page 19, Line 20including an interactive computer service, telephone network,

• Page 19, Line 21or data network, that allows users to create, share, and view

• Page 19, Line 22user-generated content, including, but not limited to, videos,

• Page 20, Line 1still photographs, blogs, video blogs or chats, live blogs or live

• Page 20, Line 2streams, podcasts, instant messages, direct messages, electronic mail, or internet website profiles.

• Page 20, Line 4(l)  "Generative AI" means a subset of artificial

• Page 20, Line 5intelligence that involves using algorithms and models to generate or create new and original content.

• Page 20, Line 6(m)  "Image editing software" means a computer program

• Page 20, Line 7that allows editing, modification, or alteration of an image or video.

• Page 20, Line 8(n)  "Intimate digital depiction" means a digital depiction that depicts:

• Page 20, Line 9(I)  The intimate parts of a depicted individual; or

• (II)  Sexual acts of a depicted individual.

• Page 20, Line 10(o)  "Private intimate image" means a photograph, film,

• Page 20, Line 11videotape, recording, digital file, or other reproduction that

• Page 20, Line 12depicts the private intimate parts of a depicted individual, or

• Page 20, Line 13a depicted individual engaging in sexual acts regardless of whether or not intimate parts are visible in the image.

• Page 20, Line 14(p)  "Private intimate parts" means external genitalia or

• Page 20, Line 15the perineum or the anus or the pubes of a person or the breast of a female.

• Page 20, Line 16 (q)  "Sexual acts" means sexual intrusion or sexual penetration as defined by section 18-3-401.

• Page 20, Line 17SECTION 4.  In Colorado Revised Statutes, 18-7-108, amend (1), (2.5), (4)(b), (5), and (6); and add (5.5) as follows:

• Page 20, Line 1818-7-108.  Disclosing a private intimate image or intimate

• Page 21, Line 1digital depiction for pecuniary gain - definitions. (1) (a)  An actor who

• Page 21, Line 2is eighteen years of age or older commits the offense of posting a private

• Page 21, Line 3image disclosing a private intimate image or intimate digital

• Page 21, Line 4depiction for pecuniary gain if the actor posts or distributes discloses

• Page 21, Line 5or threatens to disclose through social electronic media or any a

• Page 21, Line 6website any photograph, video, or other image displaying the real or

• Page 21, Line 7simulated private intimate parts of an identified or identifiable person

• Page 21, Line 8eighteen years of age or older or an image displaying sexual acts of an

• Page 21, Line 9identified or identifiable person a private intimate image or intimate digital depiction without the depicted individual's consent:

• Page 21, Line 10(I)  With the intent to obtain a pecuniary benefit from any a person

• Page 21, Line 11as a result of the posting, viewing, or removal disclosure, threatened

• Page 21, Line 12disclosure, or retraction of the private intimate image and or intimate digital depiction; or

• Page 21, Line 13(II) (A)  When the actor has not obtained the depicted person's consent; or

• Page 21, Line 14(B)   When the actor knew or reasonably should have known

• Page 21, Line 15that: the depicted person had a reasonable expectation that the image would remain private.

• Page 21, Line 16(A)  The depicted individual had a reasonable expectation

• Page 21, Line 17that the private intimate image or intimate digital depiction would remain private; and

• Page 21, Line 18(B)  The disclosure would cause financial harm to the depicted individual.

• Page 21, Line 19(b)  Posting a private image Disclosing a private intimate

• Page 21, Line 20image or intimate digital depiction for pecuniary gain is a class 1

• Page 21, Line 21misdemeanor; except that it is a class 6 felony if the actor

• Page 22, Line 1disclosed the private intimate image or intimate digital depiction

• Page 22, Line 2and the disclosure posed an imminent and serious threat to

• Page 22, Line 3the depicted individual's safety or the safety of the depicted

• Page 22, Line 4individual's immediate family and the actor knew or reasonably should have known of the imminent and serious threat.

• Page 22, Line 5(c)  Notwithstanding the provisions of section 18-1.3-501 (1)(a)

• Page 22, Line 6section 18-1.3-501 (1)(a.5), in addition to any other sentence the court

• Page 22, Line 7may impose, the court shall fine the defendant up to ten thousand dollars.

• Page 22, Line 8The fines collected pursuant to this paragraph (c) shall subsection (1)(c)

• Page 22, Line 9must be credited to the crime victim compensation fund created in section 24-4.1-117. C.R.S.

• Page 22, Line 10(2.5)  It is not a defense to an alleged violation of this section that

• Page 22, Line 11the image is partially digitally created or altered or that the private

• Page 22, Line 12intimate parts were digitally created or altered there is a disclaimer

• Page 22, Line 13stating that the intimate digital depiction of the depicted

• Page 22, Line 14individual was unauthorized or that the depicted individual did

• Page 22, Line 15not participate in the creation or development of the intimate digital depiction.

• Page 22, Line 16(4) (b)  An individual whose private intimate parts have been

• Page 22, Line 17posted or an individual who has had an image displaying sexual acts of

• Page 22, Line 18the individual posted image has been disclosed in accordance with this

• Page 22, Line 19section shall retain retains a protectable right of authorship regarding the commercial use of the private intimate image.

• Page 22, Line 20(5) (a)  Nothing in this section shall be construed to impose

• Page 22, Line 21imposes liability on the provider of an interactive computer service, as

• Page 22, Line 22defined in 47 U.S.C. sec. 230 (f)(2); an information service, as defined in

• Page 22, Line 2347 U.S.C. sec. 153 47 U.S.C. sec. 153 (24); or a telecommunications

• Page 23, Line 1service, as defined in 47 U.S.C. sec. 153 47 U.S.C. sec. 153 (53), for content provided by another person.

• Page 23, Line 2(b)  Nothing in this section imposes liability on the

• Page 23, Line 3provider of an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2), for:

• Page 23, Line 4(I)  An action the provider of an interactive computer

• Page 23, Line 5service takes voluntarily and in good faith to restrict access to

• Page 23, Line 6or availability of a private intimate image or intimate digital depiction; or

• Page 23, Line 7(II)  An action the provider of an interactive computer

• Page 23, Line 8service takes to enable or make available to information

• Page 23, Line 9content providers, as defined in 47 U.S.C. sec. 230 (f)(3), or other

• Page 23, Line 10persons the technical means to restrict access to a private intimate image or intimate digital depiction.

• Page 23, Line 11(5.5)  This section does not apply to a disclosure of a

• Page 23, Line 12private intimate image or an intimate digital depiction if the disclosure was made in good faith:

• Page 23, Line 13(a)  To law enforcement while reporting a violation of this section; or

• Page 23, Line 14(b)  To the court, a party, or a finder of fact in a criminal proceeding brought pursuant to this section.

• Page 23, Line 15(6)  For purposes of this section, unless the context otherwise requires:

• Page 23, Line 16(a)  "Displaying sexual acts" means any display of sexual acts even if the private intimate parts are not visible in the image.

• Page 23, Line 17(b)  "Image" means a photograph, film, videotape, recording,

• Page 23, Line 18digital file, or other reproduction.

• Page 24, Line 1(c)  "Private intimate parts" means external genitalia or the perineum or the anus or the pubes of any person or the breast of a female.

• Page 24, Line 2(d)  "Sexual acts" means sexual intrusion or sexual penetration as defined by section 18-3-401.

• Page 24, Line 3(e)  "Social media" means any electronic medium, including an

• Page 24, Line 4interactive computer service, telephone network, or data network, that

• Page 24, Line 5allows users to create, share, and view user-generated content, including

• Page 24, Line 6but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.

• Page 24, Line 7(f)  "Computer-generated" means created, developed,

• Page 24, Line 8made, or produced by digital software, including, but not limited to, phone applications and image editing software.

• Page 24, Line 9(g)  "Depicted individual" means an individual who is

• Page 24, Line 10eighteen years of age or older and who is identifiable by virtue

• Page 24, Line 11of the individual's face, likeness, or other distinguishing

• Page 24, Line 12characteristic, including a unique birthmark or other recognizable feature, and who:

• Page 24, Line 13(I)  By digital or computer-generated means appears in whole or in part in an intimate digital depiction; or

• Page 24, Line 14(II)  Appears in whole or in part in a private intimate image.

• Page 24, Line 15(h)  "Digital depiction" means a photograph, film,

• Page 24, Line 16videotape, recording, digital file, or other highly realistic

• Page 24, Line 17visual depiction of a depicted individual that falsely appears to

• Page 24, Line 18be authentic or truthful, features a depiction of an individual

• Page 24, Line 19appearing to act in a way that the individual did not act, and has

• Page 24, Line 20been created, altered, or produced by digitization or

• Page 24, Line 21computer-generated means. "Digital depiction" does not include handmade drawings or cartoons.

• Page 25, Line 1(i)  "Digitization" means creating or altering visual or

• Page 25, Line 2printed matter in a realistic manner using images of another

• Page 25, Line 3person or computer-generated images, regardless of whether

• Page 25, Line 4the creation or alteration is accomplished manually or through

• Page 25, Line 5an automated process. "Digitization" includes, but is not limited

• Page 25, Line 6to, creation or alteration of visual or printed matter using generative AI software.

• Page 25, Line 7(j)  "Disclose" means to transfer, publish, distribute, or make accessible.

• Page 25, Line 8(k)  "Electronic media" means an electronic medium,

• Page 25, Line 9including an interactive computer service, telephone network,

• Page 25, Line 10or data network, that allows users to create, share, and view

• Page 25, Line 11user-generated content, including, but not limited to, videos,

• Page 25, Line 12still photographs, blogs, video blogs or chats, live blogs or live

• Page 25, Line 13streams, podcasts, instant messages, direct messages, electronic mail, or internet website profiles.

• Page 25, Line 15(l)  "Generative AI" means a subset of artificial

• Page 25, Line 16intelligence that involves using algorithms and models to generate or create new and original content.

• Page 25, Line 17(m)  "Image editing software" means a computer program

• Page 25, Line 18that allows editing, modification, or alteration of an image or video.

• Page 25, Line 19(n)  "Intimate digital depiction" means a digital depiction that depicts:

• Page 25, Line 20(I)  The intimate parts of a depicted individual; or

• (II)  Sexual acts of a depicted individual.

• Page 26, Line 1(o)  "Private intimate image" means a photograph, film,

• Page 26, Line 2videotape, recording, digital file, or other reproduction that

• Page 26, Line 3depicts the private intimate parts of a depicted individual, or

• Page 26, Line 4a depicted individual engaging in sexual acts, regardless of whether or not intimate parts are visible in the image.

• Page 26, Line 5(p)  "Private intimate parts" means external genitalia or

• Page 26, Line 6the perineum or the anus or the pubes of any person or the breast of a female.

• Page 26, Line 7 (q)  "Sexual acts" means sexual intrusion or sexual penetration as defined by section 18-3-401.

• Page 26, Line 8SECTION 5.  In Colorado Revised Statutes, 19-2.5-103, amend (1)(a)(I) as follows:

• Page 26, Line 919-2.5-103.  Jurisdiction. (1)  Except as otherwise provided by law, the juvenile court has exclusive original jurisdiction in proceedings:

• Page 26, Line 10(a)  Concerning any juvenile ten years of age or older who has violated:

• Page 26, Line 11(I)  Any federal or state law, except nonfelony state traffic, game

• Page 26, Line 12and fish, and parks and recreation laws or rules; the offense specified in

• Page 26, Line 13section 18-13-122, concerning the illegal possession or consumption of

• Page 26, Line 14ethyl alcohol or marijuana by an underage person or illegal possession of

• Page 26, Line 15marijuana paraphernalia by an underage person; the offenses specified in

• Page 26, Line 16section 18-18-406 (5)(b)(I) and (5)(b)(II), concerning marijuana and

• Page 26, Line 17marijuana concentrate; the offenses specified in section 18-18-434,

• Page 26, Line 18concerning natural medicine and natural medicine product; and the civil

• Page 26, Line 19infraction in section 18-7-109 (3), concerning exchange of a private

• Page 26, Line 20image private intimate image or intimate digital depiction by a juvenile;

• Page 27, Line 1SECTION 6.  In Colorado Revised Statutes, 18-7-109, amend (1), (2), (3), (4), (5)(a), (5)(b), (5)(c), and (8) as follows:

• Page 27, Line 218-7-109.  Disclosure, possession, or exchange of a private

• Page 27, Line 3intimate image or intimate digital depiction by a juvenile - definitions

• Page 27, Line 4- penalties. (1)  A juvenile commits the offense of posting a private

• Page 27, Line 5image by a juvenile if he or she disclosing a private intimate image

• Page 27, Line 6or intimate digital depiction by a juvenile if the juvenile, through digital or electronic means:

• Page 27, Line 7(a)  Knowingly distributes, displays, or publishes discloses or

• Page 27, Line 8threatens to disclose to the view of another person a sexually explicit

• Page 27, Line 9image of a person other than himself or herself private intimate image

• Page 27, Line 10or an intimate digital depiction of another individual who is at

• Page 27, Line 11least fourteen years of age or is less than four years younger than the juvenile:

• Page 27, Line 12(I)  Without the depicted person's permission individual's consent; or

• Page 27, Line 13(II)  When the recipient did not solicit or request to be supplied

• Page 27, Line 14with the private intimate image or intimate digital depiction and suffered emotional distress; or

• Page 27, Line 15(III)  When the juvenile knew or should have known that the

• Page 27, Line 16depicted person individual had a reasonable expectation that the

• Page 27, Line 17private intimate image or intimate digital depiction would remain private; or

• Page 27, Line 18(b)  Knowingly distributes, displays, or publishes discloses or

• Page 27, Line 19threatens to disclose, to the view of another person who is at least

• Page 27, Line 20fourteen years of age or is less than four years younger than the juvenile,

• Page 28, Line 1a sexually explicit image private intimate image or intimate digital

• Page 28, Line 2depiction of himself or herself when the recipient did not solicit or request to be supplied with the image and suffered emotional distress.

• Page 28, Line 3(2)  A juvenile commits the offense of possessing a private image

• Page 28, Line 4by a juvenile if he or she private intimate image or intimate digital

• Page 28, Line 5depiction by a juvenile if the juvenile, through digital or electronic

• Page 28, Line 6means, knowingly possesses a sexually explicit image private intimate

• Page 28, Line 7image or intimate digital depiction of another person individual

• Page 28, Line 8who is at least fourteen years of age or is less than four years younger

• Page 28, Line 9than the juvenile without the depicted person's permission individual's

• Page 28, Line 10consent; except that it is not a violation of this subsection (2) if the juvenile:

• Page 28, Line 11(a)  Took reasonable steps to either destroy or delete the image

• Page 28, Line 12private intimate image or intimate digital depiction within seventy-two hours after initially viewing the image or depiction; or

• Page 28, Line 13(b)  Reported the initial viewing of such image the image or

• Page 28, Line 14depiction to law enforcement or a school resource officer within seventy-two hours after initially viewing the image or depiction.

• Page 28, Line 15(3)  A juvenile commits the civil infraction of exchange of a

• Page 28, Line 16private image private intimate image or intimate digital depiction

• Page 28, Line 17by a juvenile if he or she the juvenile, through digital or electronic means:

• Page 28, Line 18(a)  Knowingly sends a sexually explicit image or images a

• Page 28, Line 19private intimate image or intimate digital depiction of himself or

• Page 28, Line 20herself to another person who is at least fourteen years of age or is less

• Page 28, Line 21than four years younger than the juvenile, and the image or images depict

• Page 28, Line 22depiction depicts only the sender and no other person and the sender

• Page 29, Line 1reasonably believed that the recipient had solicited or otherwise agreed to the transmittal of the image or images depiction; or

• Page 29, Line 2(b)  Knowingly possesses a sexually explicit image or images

• Page 29, Line 3private intimate image or intimate digital depiction of another

• Page 29, Line 4person who is at least fourteen years of age or is less than four years

• Page 29, Line 5younger than the juvenile, and the image or images depict or depiction

• Page 29, Line 6depicts only the sender and no other person and the juvenile reasonably

• Page 29, Line 7believed that the depicted person individual had transmitted the image

• Page 29, Line 8or images depiction or otherwise agreed to the transmittal of the image or images depiction.

• Page 29, Line 9(4)  It is an affirmative defense to subsection (1), (2), or (3) of this

• Page 29, Line 10section if a juvenile is coerced, threatened, or intimidated into

• Page 29, Line 11distributing, displaying, publishing disclosing, possessing, or

• Page 29, Line 12exchanging a sexually explicit image private intimate image or intimate digital depiction of a person under eighteen years of age.

• Page 29, Line 13(5) (a)  Posting a private image Disclosing a private intimate

• Page 29, Line 14image or intimate digital depiction by a juvenile is a class 2 misdemeanor; except that it is a class 1 misdemeanor if:

• Page 29, Line 15(I)  The juvenile committed the offense with the intent to coerce,

• Page 29, Line 16intimidate, threaten, or otherwise cause emotional distress to the depicted person individual; or

• Page 29, Line 17(II)  The juvenile had previously posted a private image disclosed

• Page 29, Line 18a private intimate image or intimate digital depiction and

• Page 29, Line 19completed a diversion program or education program for the act pursuant

• Page 29, Line 20to the provisions of this section or had a prior adjudication for posting a

• Page 29, Line 21private image disclosing a private intimate image or intimate

• Page 29, Line 22digital depiction by a juvenile; or

• Page 30, Line 1(III)  The juvenile distributed, displayed, or published disclosed

• Page 30, Line 2three or more images or depictions that depicted three or more separate and distinct persons individuals.

• Page 30, Line 3(b)  Possessing a private image private intimate image or

• Page 30, Line 4intimate digital depiction by a juvenile is a petty offense; except that

• Page 30, Line 5it is a class 2 misdemeanor if the unsolicited possessor of the image or

• Page 30, Line 6depiction possessed ten or more separate images or depictions that depicted three or more separate and distinct persons individuals.

• Page 30, Line 7(c)  Exchange of a private image private intimate image or

• Page 30, Line 8intimate digital depiction by a juvenile is a civil infraction and is

• Page 30, Line 9punishable by participation in a program designed by the school safety

• Page 30, Line 10resource center or other appropriate program addressing the risks and

• Page 30, Line 11consequences of exchanging a sexually explicit image private intimate

• Page 30, Line 12image or intimate digital depiction of a juvenile or a fine of up to

• Page 30, Line 13fifty dollars, which may be waived by the court upon a showing of

• Page 30, Line 14indigency. If the juvenile fails to appear in response to a civil infraction

• Page 30, Line 15citation or fails to complete the required class or pay the imposed fee, the

• Page 30, Line 16court may issue an order to show cause requiring the juvenile's

• Page 30, Line 17appearance in court and impose additional age-appropriate penalties. The

• Page 30, Line 18court shall not issue a warrant for the arrest of the juvenile or impose incarceration as a penalty.

• Page 30, Line 19(8)  As used in this section, unless the context otherwise requires:

• (a)  "Juvenile" means a person under eighteen years of age.

• Page 30, Line 20(b)  "Sexually explicit image" means any electronic or digital

• Page 30, Line 21photograph, video, or video depiction of the real or simulated external

• Page 30, Line 22genitalia or perineum or anus or buttocks or pubes of any person or the

• Page 30, Line 23real or simulated breast of a female person.

• Page 31, Line 1(c)  "Computer-generated" means created, developed,

• Page 31, Line 2made, or produced by digital software, including, but not limited to, phone applications and image editing software.

• Page 31, Line 3(d)  "Depicted individual" means an individual who is

• Page 31, Line 4identifiable by virtue of the individual's face, likeness, or other

• Page 31, Line 5distinguishing characteristic, including a unique birthmark or other recognizable feature, and who:

• Page 31, Line 6(I)  By digital or computer-generated means appears in whole or in part in an intimate digital depiction; or

• Page 31, Line 7(II)  Appears in whole or in part in a private intimate image.

• Page 31, Line 8(e)  "Digital depiction" means a photograph, film,

• Page 31, Line 9videotape, recording, digital file, or other highly realistic

• Page 31, Line 10visual depiction of a depicted individual, which falsely appears

• Page 31, Line 11to be authentic or truthful and which features a depiction of an

• Page 31, Line 12individual appearing to act in a way that the individual did not

• Page 31, Line 13act, and which has been created, altered, or produced by

• Page 31, Line 14digitization or computer-generated means. "Digital depiction" does not include handmade drawings or cartoons.

• Page 31, Line 15(f)  "Digitization" means creating or altering visual or

• Page 31, Line 16printed matter in a realistic manner using images of another

• Page 31, Line 17person or computer-generated images, regardless of whether

• Page 31, Line 18the creation or alteration is accomplished manually or through

• Page 31, Line 19an automated process. "Digitization" includes, but is not limited

• Page 31, Line 20to, creation or alteration of visual or printed matter using generative AI software.

• Page 31, Line 21(g)  "Disclose" means to transfer, publish, distribute, or

• Page 31, Line 22make accessible.

• Page 32, Line 1(h)  "Electronic media" means an electronic medium,

• Page 32, Line 2including an interactive computer service, telephone network,

• Page 32, Line 3or data network, that allows users to create, share, and view

• Page 32, Line 4user-generated content, including, but not limited to, videos,

• Page 32, Line 5still photographs, blogs, video blogs or chats, live blogs or live

• Page 32, Line 6streams, podcasts, instant messages, direct messages, electronic mail, or internet website profiles.

• Page 32, Line 7(i)  "Generative AI" means a subset of artificial

• Page 32, Line 8intelligence that involves using algorithms and models to generate or create new and original content.

• Page 32, Line 9(j)  "Image editing software" means a computer program

• Page 32, Line 10that allows editing, modification, or alteration of an image or video.

• Page 32, Line 11(k)  "Intimate digital depiction" means a digital depiction that depicts:

• Page 32, Line 12(I)  The intimate parts of a depicted individual; or

• (II)  A depicted individual engaging in sexual acts.

• Page 32, Line 13(l)  "Juvenile" means a person under eighteen years of age.

• Page 32, Line 14(m)  "Private intimate image" means a photograph, film,

• Page 32, Line 15videotape, recording, digital file, or other reproduction that

• Page 32, Line 16depicts the private intimate parts of a depicted individual, or a

• Page 32, Line 17depicted individual engaging in sexual acts, regardless of whether or not intimate parts are visible in the image.

• Page 32, Line 18(n)  "Private intimate parts" means external genitalia or

• Page 32, Line 19the perineum or the anus or buttocks or the pubes of a person or the breast of a female.

• Page 32, Line 20SECTION 7.  In Colorado Revised Statutes, 24-4.1-302, amend (1)(mm) as follows:

• Page 33, Line 124-4.1-302.  Definitions. As used in this part 3, and for no other purpose, including the expansion of the rights of any defendant:

• Page 33, Line 2(1)  "Crime" means any of the following offenses, acts, and

• Page 33, Line 3violations as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile:

• Page 33, Line 4(mm)  Posting a private image Disclosing a private intimate

• Page 33, Line 5image or intimate digital depiction for harassment in violation of

• Page 33, Line 6section 18-7-107 or posting a private image disclosing a private

• Page 33, Line 7intimate image or intimate digital depiction for pecuniary gain in violation of section 18-7-108;

• Page 33, Line 8SECTION 8.  In Colorado Revised Statutes, 24-33.5-1803, amend (3)(m) as follows:

• Page 33, Line 924-33.5-1803.  School safety resource center - created - duties. (3)  The center has the following duties:

• Page 33, Line 10(m)  By June 1, 2018, to make available a model program that

• Page 33, Line 11conforms with section 22-1-128, regarding the risks and consequences of

• Page 33, Line 12sexting for school districts to use, which curriculum must include

• Page 33, Line 13information informing students of the provisions of section 18-7-109,

• Page 33, Line 14including that, if a student receives a sexually explicit image private

• Page 33, Line 15intimate image or intimate digital depiction in violation of section

• Page 33, Line 1618-7-109, the student can avoid adjudication as a juvenile delinquent by

• Page 33, Line 17taking reasonable steps to either destroy or delete or report the initial

• Page 33, Line 18viewing of the image or depiction within seventy-two hours after receiving the image or depiction; and

• Page 33, Line 19SECTION 9.  Act subject to petition - effective date -

• Page 33, Line 20applicability. (1)  This act takes effect at 12:01 a.m. on the day following

• Page 34, Line 1the expiration of the ninety-day period after final adjournment of the

• Page 34, Line 2general assembly; except that, if a referendum petition is filed pursuant

• Page 34, Line 3to section 1 (3) of article V of the state constitution against this act or an

• Page 34, Line 4item, section, or part of this act within such period, then the act, item,

• Page 34, Line 5section, or part will not take effect unless approved by the people at the

• Page 34, Line 6general election to be held in November 2026 and, in such case, will take

• Page 34, Line 7effect on the date of the official declaration of the vote thereon by the governor.

• Page 34, Line 8(2)  Sections 2, 3, 4, 5, 6, 7, and 8 of this act apply to offenses committed on or after the applicable effective date of this act.