Senate Bill 25-288 Preamended

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:

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• 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 an entity that operates a

• Page 3, Line 9licensed AM, FM, or television broadcast facility under the

• Page 3, Line 10jurisdiction of the federal communications commission, including a digital platform owned and operated by the entity.

• Page 3, Line 11(2)  "Computer-generated" means created, developed,

• Page 3, Line 12made, or produced by digital software, including, but not limited to, phone applications and image editing software.

• Page 3, Line 13(3)  "Consent" means affirmative, conscious, and voluntary authorization by a depicted individual;

• Page 3, Line 14(4)  "Depicted individual" means an individual who, by

• Page 3, Line 15digital or computer-generated means, appears in whole or in

• Page 3, Line 16part in an intimate digital depiction and who is identifiable by

• Page 3, Line 17virtue of the individual's face, likeness, or other distinguishing

• Page 3, Line 18characteristic, including a unique birthmark or other

• Page 4, Line 1recognizable feature, or from information another person displays in connection with the digital depiction.

• Page 4, Line 2(5)  "Digital depiction" means a realistic visual depiction

• Page 4, Line 3of a depicted individual that has been created, altered, or

• Page 4, Line 4produced by generative AI, image editing software, or

• Page 4, Line 5computer-generated means. "Digital depiction" includes stored

• Page 4, Line 6data that is capable of conversion into a visual image. "Digital

• Page 4, Line 7depiction" does not include an image of the depicted individual

• Page 4, Line 8contemporaneously captured by film, video, camera, or digital

• Page 4, Line 9means without further editing, changes, alterations, or

• Page 4, Line 10additions of an intimate part or explicit sexual conduct not

• Page 4, Line 11otherwise found in the original image or captured at the time of the original image.

• Page 4, Line 12(6)  "Disclose" means to transfer, publish, distribute, or make accessible.

• Page 4, Line 13(7)  "Explicit sexual conduct" means sexual intercourse,

• Page 4, Line 14sexual intrusion, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement.

• Page 4, Line 15(8)  "Generative AI" means a subset of artificial

• Page 4, Line 16intelligence that involves using algorithms and models to generate or create new and original content.

• Page 4, Line 17(9)  "Image editing software" means a computer program

• Page 4, Line 18that allows editing, modification, or alteration of an image or video.

• Page 4, Line 19(10)  "Intimate digital depiction" means a digital depiction that depicts:

• Page 4, Line 20(a)  The intimate parts of a depicted individual;

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

• Page 5, Line 1(c)  A depicted individual engaging in explicit sexual conduct.

• Page 5, Line 2(11)  "Intimate parts" means the external genitalia or the

• Page 5, Line 3perineum or the anus or the buttocks or the pubes or the breast of a person.

• Page 5, Line 4(12)  "Reckless disregard" means consciously disregarding

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

• Page 5, Line 6that a circumstance exists. "Reckless disregard" includes, but

• Page 5, Line 7is not limited to, circumstances when a person is placed on

• Page 5, Line 8notice, either implicitly or explicitly, that the disclosure would

• Page 5, Line 9cause reputational, emotional, financial, or physical harm to the depicted individual.

• Page 5, Line 10(13)  "Sexual contact" means:

• Page 5, Line 11(a)  The touching of a depicted individual's intimate parts

• Page 5, Line 12by another person, or of another person's intimate parts by the

• Page 5, Line 13depicted individual, or the touching of the clothing covering the

• Page 5, Line 14immediate area of the depicted individual or other person's

• Page 5, Line 15intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse;

• Page 5, Line 16(b)  The emission or ejaculation of seminal fluid onto a

• Page 5, Line 17body part of the depicted individual or the clothing covering a body part of the depicted individual; or

• Page 5, Line 18(c)  Causing semen, blood, urine, feces, or a bodily

• Page 5, Line 19substance to contact a body part of the depicted individual or

• Page 5, Line 20the clothing covering a body part of the depicted individual if

• Page 5, Line 21that contact with semen, blood, urine, feces, or a bodily

• Page 6, Line 1substance is for the purpose of sexual arousal, gratification, or abuse.

• Page 6, Line 2(14)  "Voluntary authorization" means authorization

• Page 6, Line 3provided in the absence of force, fraud, misrepresentation, duress, or coercion.

• Page 6, Line 413-21-1503.  Civil action - consent - disclaimers. (1)  Except as

• Page 6, Line 5otherwise provided in section 13-21-1504, a depicted individual

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

• Page 6, Line 7disclosed or threatened to disclose without the depicted

• Page 6, Line 8individual's consent and who has suffered harm from the

• Page 6, Line 9disclosure or threatened disclosure of the intimate digital

• Page 6, Line 10depiction has a cause of action against the person who disclosed

• Page 6, Line 11the intimate digital depiction if the person knew or acted with reckless disregard for whether the depicted individual:

• Page 6, Line 12(a)  Did not consent to the disclosure;

• Page 6, Line 13(b)  Would experience severe emotional distress due to the disclosure or threatened disclosure; and

• Page 6, Line 14(c)  Was identifiable.

• Page 6, Line 15(2)  For purposes of an action brought pursuant to subsection (1) of this section:

• Page 6, Line 16(a)  A depicted individual's consent to the creation of the

• Page 6, Line 17intimate digital depiction does not establish that the depicted

• Page 6, Line 18individual consented to disclosure of the intimate digital depiction;

• Page 6, Line 19(b)  A depicted individual's consent is not valid unless the consent is set forth in an agreement that:

• Page 6, Line 20(I)  Is written in plain language;

• Page 7, Line 1(II)  Is signed knowingly and voluntarily by the depicted individual;

• Page 7, Line 2(III)  Includes a general description of the intimate digital depiction;

• Page 7, Line 3(IV)  Identifies the specific use of the intimate digital

• Page 7, Line 4depiction agreed upon between the parties, including the

• Page 7, Line 5platforms or locations where the intimate digital depiction will

• Page 7, Line 6be published or otherwise made available to third parties, the

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

• Page 7, Line 8made available to third parties, and security features

• Page 7, Line 9contained within the digital depiction to prevent theft or unauthorized copying; and

• Page 7, Line 10(V)  If applicable, includes a general description of the

• Page 7, Line 11visual work into which the intimate digital depiction is

• Page 7, Line 12incorporated, including, but not limited to, a movie, television

• Page 7, Line 13show, artwork, product, comic book, computer application,

• Page 7, Line 14visual novel, web series, online avatar, dating application, computer game, video game, or chatbot; and

• Page 7, Line 15(c)  Previous consensual disclosure of the intimate digital

• Page 7, Line 16depiction that is the subject of the action does not, by itself,

• Page 7, Line 17establish that the depicted individual consented to a subsequent disclosure of the intimate digital depiction.

• Page 7, Line 18(3)  It is not a defense to an action brought pursuant to

• Page 7, Line 19this part 15 that there is a disclaimer stating that the intimate

• Page 7, Line 20digital depiction of the depicted individual was unauthorized or

• Page 7, Line 21that the depicted individual did not participate in the creation

• Page 7, Line 22or development of the intimate digital depiction.

• Page 8, Line 1(4)  In the case of a depicted individual who is under

• Page 8, Line 2eighteen years of age or is incompetent, incapacitated, or

• Page 8, Line 3deceased, the legal guardian of the depicted individual, another

• Page 8, Line 4family member, a representative of the depicted individual's

• Page 8, Line 5estate, or any other person appointed as suitable by the court

• Page 8, Line 6may assume the depicted individual's rights pursuant to this part

• Page 8, Line 715; except that a defendant against whom an action is brought

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

• Page 8, Line 9(5)  This section is not the exclusive remedy for a

• Page 8, Line 10disclosure or threatened disclosure of an intimate digital

• Page 8, Line 11depiction; a plaintiff may also bring any other available common law or statutory claims.

• Page 8, Line 1213-21-1504.  Exceptions to liability - construction. (1) (a)  A

• Page 8, Line 13person is not liable under this part 15 if the person proves that

• Page 8, Line 14disclosure of, or a threat to disclose, the intimate digital depiction was:

• Page 8, Line 15(I)  Made in good faith:

• (A)  To law enforcement; or

• Page 8, Line 16(B)  In a legal proceeding;

• Page 8, Line 17(II)  Made in good faith in the reporting or investigation of:

• Page 8, Line 18(A)  Unlawful conduct; or

• (B)  Unsolicited and unwelcome conduct;

• Page 8, Line 19(III)  Related to a matter of public concern or public

• Page 8, Line 20interest; or

• Page 9, Line 1(IV)  Reasonably intended to assist the depicted individual.

• Page 9, Line 2(b)  Notwithstanding the exceptions in subsection (1)(a) of

• Page 9, Line 3this section, a claim of good faith does not limit liability for a

• Page 9, Line 4defendant who created, developed, or otherwise made the intimate digital depiction.

• Page 9, Line 5(2)  If a defendant asserts an exception to liability

• Page 9, Line 6pursuant to this section, the exception does not apply if the

• Page 9, Line 7plaintiff proves by a preponderance of the evidence that the disclosure was:

• Page 9, Line 8(a)  Prohibited by law other than this part 15; or

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

• Page 9, Line 10sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

• Page 9, Line 11(3)  Disclosure of, or a threat to disclose, an intimate

• Page 9, Line 12digital depiction is not a matter of public concern or public interest solely because the depicted individual is a public figure.

• Page 9, Line 13(4)  Nothing in this section imposes liability on the

• Page 9, Line 14provider of an interactive computer service, as defined in 47

• Page 9, Line 15U.S.C. sec. 230 (f)(2); an information service, as defined in 47

• Page 9, Line 16U.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 9, Line 17(5)  Nothing in this part 15 imposes liability on the provider

• Page 9, Line 18of an interactive computer service, as defined in 47 U.S.C. sec. 230(f)(2), for:

• Page 9, Line 19(a)  An action the provider of an interactive computer

• Page 9, Line 20service takes voluntarily and in good faith to restrict access to or availability of an intimate digital depiction; or

• Page 10, Line 1(b)  An action the provider of an interactive computer

• Page 10, Line 2service takes to enable or make available to information

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

• Page 10, Line 4persons the technical means to restrict access to an intimate digital depiction.

• Page 10, Line 5(6) (a)  Notwithstanding any other provision of this part

• Page 10, Line 615, a broadcaster is not liable pursuant to this part 15 solely

• Page 10, Line 7for the broadcast, rebroadcast, or publication of third-party

• Page 10, Line 8content that contains or is alleged to contain an intimate digital depiction if the broadcaster:

• Page 10, Line 9(I)  Did not create, alter, or materially contribute to the development of the intimate digital depiction;

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

• Page 10, Line 11intimate digital depiction that the depicted individual did not consent to have disclosed; and

• Page 10, Line 12(III)  Upon obtaining the actual knowledge described in

• Page 10, Line 13subsection (6)(a)(II) of this section, acted promptly and in good

• Page 10, Line 14faith to remove, cease further dissemination of, or otherwise limit access to the content, when reasonably feasible.

• Page 10, Line 15(b)  This subsection (6) does not limit liability if a

• Page 10, Line 16broadcaster knowingly or recklessly broadcasts, publishes, or

• Page 10, Line 17distributes content in violation of this part 15, or fails to respond to a valid request to remove the material.

• Page 10, Line 18(7)  This part 15 must be construed to be consistent with

• Page 10, Line 19the federal "Communications Decency Act of 1996", 47 U.S.C. sec.

• Page 10, Line 20230.

• Page 11, Line 113-21-1505.  Plaintiff privacy. (1)  In a civil action filed pursuant to this part 15:

• Page 11, Line 2(a)  A plaintiff may proceed using a pseudonym in place of the plaintiff's true name;

• Page 11, Line 3(b)  The court may authorize an in camera proceeding; and

• Page 11, Line 4(c)  The court may make further orders as necessary to protect the identity and privacy of a plaintiff.

• Page 11, Line 513-21-1506.  Remedies. (1)  In a civil action filed pursuant

• Page 11, Line 6to this part 15, a prevailing plaintiff may recover all of the following:

• Page 11, Line 7(a)  An amount equal to the monetary gain the defendant

• Page 11, Line 8made from the creation, development, or disclosure of the intimate digital depiction;

• Page 11, Line 9(b)  Either of the following, whichever is greater:

• Page 11, Line 10(I)  The actual damages sustained by the depicted

• Page 11, Line 11individual as a result of the intimate digital depiction's disclosure, including damages for emotional distress; or

• Page 11, Line 12(II)  Liquidated damages of one hundred fifty thousand dollars;

• Page 11, Line 13(c)  Exemplary damages; and

• Page 11, Line 14(d)  The cost of the action, including reasonable attorney fees and other litigation costs reasonably incurred.

• Page 11, Line 15(2)  In a civil action filed pursuant to this part 15, a court

• Page 11, Line 16may, in addition to any other relief available pursuant to state

• Page 11, Line 17law, order equitable relief, including a temporary restraining

• Page 11, Line 18order, a preliminary injunction, or a permanent injunction

• Page 11, Line 19ordering the defendant to cease disclosure of the intimate digital depiction.

• Page 12, Line 113-21-1507.  Rules.The attorney general may adopt rules as necessary for the purpose of implementing this part 15.

• Page 12, Line 2SECTION 2.  In Colorado Revised Statutes, 18-6-403, amend (2)(j); and add(1.7), (2)(b.7), (2)(f.5), (9), and (10) as follows:

• Page 12, Line 318-6-403.  Sexual exploitation of a child - legislative declaration

• Page 12, Line 4- definitions. (1.7)  The general assembly further finds and declares that:

• Page 12, Line 5(a)  Due to advances in technology and artificial

• Page 12, Line 6intelligence, perpetrators can generate depictions of children

• Page 12, Line 7via computer programming that are indistinguishable from

• Page 12, Line 8depictions of real children; use partial images of real children

• Page 12, Line 9to create a composite image that is unidentifiable as a

• Page 12, Line 10particular child and that prevents even experts from

• Page 12, Line 11concluding that partial images of real children were used; and

• Page 12, Line 12disguise pictures of real children being abused by making the

• Page 12, Line 13images appear computer-generated, thereby avoiding detection and prosecution under previous statutes; and

• Page 12, Line 14(b)  Sexually exploitative material results from the abuse

• Page 12, Line 15of real children, whether or not the artificial generation or

• Page 12, Line 16modification involves an identifiable child. Artificially

• Page 12, Line 17generated child sexual abuse material re-victimizes actual

• Page 12, Line 18child victims, as their images are collected from technological

• Page 12, Line 19sources, including the internet, and studied by artificial

• Page 12, Line 20intelligence. The danger facing Colorado's children who are

• Page 12, Line 21abused with the aid of sexually exploitative material is just as

• Page 12, Line 22great when the abuser uses material produced in whole or in

• Page 13, Line 1part by computer programming or artificial intelligence as when the material consists of images of real children.

• Page 13, Line 2(c)  Without legislative action, the difficulties that

• Page 13, Line 3members of law enforcement who specialize in investigating

• Page 13, Line 4internet crimes against children face will continue to intensify

• Page 13, Line 5and threaten to render unenforceable our laws that protect

• Page 13, Line 6real children. It is contrary to the values of the people of

• Page 13, Line 7Colorado to tolerate the possession, creation, or dissemination

• Page 13, Line 8of sexually abusive content containing images that are virtually indistinguishable from those of real children.

• Page 13, Line 9(2)  As used in this section, unless the context otherwise requires:

• Page 13, Line 10(b.7)  "Digitization" has the same meaning as in section 18-7-107 (6)(i).

• Page 13, Line 11(f.5)  "Obscene" means a visual depiction that:

• Page 13, Line 12(I)  The average person, applying contemporary community

• Page 13, Line 13standards, would find that, taken as a whole, appeals to the prurient interest in sex;

• Page 13, Line 14(II)  Depicts or describes:

• Page 13, Line 15(A)  Patently offensive representations or descriptions of

• Page 13, Line 16ultimate sex acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or

• Page 13, Line 17(B)  Patently offensive representations or descriptions of

• Page 13, Line 18masturbation, excretory functions, sadism, masochism, lewd

• Page 13, Line 19exhibition of the genitals, the genitals in a state of sexual

• Page 13, Line 20stimulation or arousal, or the covered penis in a discernibly turgid state; and

• Page 13, Line 21(III)  Taken as a whole, lacks serious literary, artistic, political, or scientific value.

• Page 14, Line 1(j)  "Sexually exploitative material" means: any

• Page 14, Line 2(I)  A photograph, motion picture, video, recording or broadcast

• Page 14, Line 3of moving visual images, live stream, print, negative, slide, or other

• Page 14, Line 4mechanically, electronically, chemically, or digitally reproduced visual

• Page 14, Line 5material that depicts a child engaged in, participating in, observing, or being used for explicit sexual conduct; or

• Page 14, Line 6(II)  A realistic visual depiction or stored data that is

• Page 14, Line 7capable of conversion into a realistic visual depiction, whether

• Page 14, Line 8created, altered, or produced by digitization or

• Page 14, Line 9computer-generated means, that is indistinguishable from that

• Page 14, Line 10of a child engaged in, participating in, observing, or being used for explicit sexual conduct and that is obscene.

• Page 14, Line 11(9)  In a prosecution brought pursuant to this section, the

• Page 14, Line 12state is not required to establish the identity of the alleged victim.

• Page 14, Line 13(10)  When the charged offense involves sexually

• Page 14, Line 14exploitative material pursuant to subsection (2)(j)(II) of this

• Page 14, Line 15section, it is not a defense that the defendant lacked knowledge

• Page 14, Line 16of whether the realistic visual depiction was created, altered, or produced by digitization or computer-generated means.

• Page 14, Line 17SECTION 3.  In Colorado Revised Statutes, 18-7-107, amend (1), (2.5), (4)(b), (5), and (6); and add (5.5) as follows:

• Page 14, Line 1818-7-107.  Disclosing a private intimate image or intimate

• Page 14, Line 19digital depiction for harassment - definitions. (1) (a)  An actor who is

• Page 14, Line 20eighteen years of age or older commits the offense of posting a private

• Page 14, Line 21image disclosing a private intimate image or intimate digital

• Page 15, Line 1depiction for harassment if the actor posts or distributes discloses or

• Page 15, Line 2threatens to disclose through the use of social electronic media or

• Page 15, Line 3any a website any photograph, video, or other image displaying the real

• Page 15, Line 4or simulated private intimate parts of an identified or identifiable person

• Page 15, Line 5eighteen years of age or older or an image displaying sexual acts of an

• Page 15, Line 6identified or identifiable person a private intimate image or an

• Page 15, Line 7intimate digital depiction without the depicted individual's consent:

• Page 15, Line 8(I)  With the intent to harass, intimidate, or coerce the depicted person individual; or

• Page 15, Line 9(II) (A)  Without the depicted person's consent; or

• Page 15, Line 10(B)  When the actor knew or should have known that the depicted

• Page 15, Line 11person had a reasonable expectation that the image would remain private; and

• Page 15, Line 12(III)  The conduct results in serious emotional distress of the depicted person.

• Page 15, Line 13(IV)  When the actor knew or reasonably should have

• Page 15, Line 14known that the disclosure would cause physical, emotional, or reputational harm to the depicted individual.

• Page 15, Line 15(b)  Posting a private image Disclosing a private intimate

• Page 15, Line 16image or intimate digital depiction for harassment is a class 1

• Page 15, Line 17misdemeanor; except that it is a class 6 felony if the actor

• Page 15, Line 18disclosed the private intimate image or intimate digital depiction and the disclosure:

• Page 15, Line 19(I)  Affected the conduct of an administrative, legislative,

• Page 15, Line 20or judicial proceeding of a governmental agency, including the

• Page 15, Line 21administration of an election; or

• Page 16, Line 1(II)  Posed an imminent and serious threat to the depicted

• Page 16, Line 2individual's safety or the safety of the depicted individual's

• Page 16, Line 3immediate family and the actor knew or reasonably should have known of the imminent and serious threat.

• Page 16, Line 4(c)  Notwithstanding the provisions of section 18-1.3-501 (1)(a)

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

• Page 16, Line 6may impose, the court shall fine the defendant up to ten thousand dollars.

• Page 16, Line 7The fines collected pursuant to this paragraph (c) shall subsection (1)(c)

• Page 16, Line 8must be credited to the crime victim compensation fund created in section 24-4.1-117. C.R.S.

• Page 16, Line 9(2.5)  It is not a defense to an alleged violation of this section that

• Page 16, Line 10the image is partially digitally created or altered or that the private

• Page 16, Line 11intimate parts were digitally created or altered there is a disclaimer

• Page 16, Line 12stating that the intimate digital depiction of the depicted

• Page 16, Line 13individual was unauthorized or that the depicted individual did

• Page 16, Line 14not participate in the creation or development of the intimate digital depiction.

• Page 16, Line 15(4) (b)  An individual whose private intimate parts have been

• Page 16, Line 16posted or an individual who has had an image displaying sexual acts of

• Page 16, Line 17the individual posted image has been disclosed in accordance with this

• Page 16, Line 18section shall retain retains a protectable right of authorship regarding the commercial use of the private intimate image.

• Page 16, Line 19(5) (a)  Nothing in this section shall be construed to impose

• Page 16, Line 20imposes liability on the provider of an interactive computer service, as

• Page 16, Line 21defined in 47 U.S.C. sec. 230 (f)(2); an information service, as defined in

• Page 16, Line 2247 U.S.C. sec. 153 47 U.S.C. sec. 153 (24); or a telecommunications

• Page 16, Line 23service, 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 1(b)  Nothing in this section imposes liability on the

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

• Page 17, Line 3(I)  An action the provider of an interactive computer

• Page 17, Line 4service takes voluntarily and in good faith to restrict access to

• Page 17, Line 5or availability of a private intimate image or intimate digital depiction; or

• Page 17, Line 6(II)  An action the provider of an interactive computer

• Page 17, Line 7service takes to enable or make available to information

• Page 17, Line 8content providers, as defined in 47 U.S.C. sec. 230 (f)(3), or other

• Page 17, Line 9persons the technical means to restrict access to a private intimate image or intimate digital depiction.

• Page 17, Line 10(5.5)  This section does not apply to a disclosure of a

• Page 17, Line 11private intimate image or an intimate digital depiction if the disclosure was made in good faith:

• Page 17, Line 12(a)  To law enforcement while reporting a violation of this section; or

• Page 17, Line 13(b)  To the court, a party, or a finder of fact in a criminal proceeding brought pursuant to this section.

• Page 17, Line 14(6)  For purposes of this section, unless the context otherwise requires:

• Page 17, Line 15(a)  "Displaying sexual acts" means any display of sexual acts even if the private intimate parts are not visible in the image.

• Page 17, Line 16(b)  "Image" means a photograph, film, videotape, recording, digital file, or other reproduction.

• Page 17, Line 17(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 1(d)  "Sexual acts" means sexual intrusion or sexual penetration as defined by section 18-3-401.

• Page 18, Line 2(e)  "Social media" means any electronic medium, including an

• Page 18, Line 3interactive computer service, telephone network, or data network, that

• Page 18, Line 4allows users to create, share, and view user-generated content, including

• Page 18, Line 5but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.

• Page 18, Line 6(f)  "Computer-generated" means created, developed,

• Page 18, Line 7made, or produced by digital software, including, but not limited to, phone applications and image editing software.

• Page 18, Line 8(g)  "Depicted individual" means an individual who is

• Page 18, Line 9identifiable by virtue of the individual's face, likeness, or other

• Page 18, Line 10distinguishing characteristic, including a unique birthmark or other recognizable feature, and who:

• Page 18, Line 11(I)  By digital or computer-generated means appears in whole or in part in an intimate digital depiction; or

• Page 18, Line 12(II)  Appears in whole or in part in a private intimate image.

• Page 18, Line 13(h)  "Digital depiction" means a photograph, film,

• Page 18, Line 14videotape, recording, digital file, or other realistic visual

• Page 18, Line 15depiction of a depicted individual that has been created,

• Page 18, Line 16altered, or produced by digitization or computer-generated

• Page 18, Line 17means. "Digital depiction" includes stored data that is capable

• Page 18, Line 18of conversion into a visual image. "Digital depiction" does not include handmade drawings or cartoons.

• Page 18, Line 19(i)  "Digitization" means creating or altering visual or

• Page 18, Line 20printed matter in a realistic manner using images of another

• Page 19, Line 1person or computer-generated images, regardless of whether

• Page 19, Line 2the creation or alteration is accomplished manually or through

• Page 19, Line 3an automated process. "Digitization" includes, but is not limited

• Page 19, Line 4to, creation or alteration of visual or printed matter using generative AI software.

• Page 19, Line 5(j)  "Disclose" means to transfer, publish, distribute, or make accessible.

• Page 19, Line 6(k)  "Electronic media" means an electronic medium,

• Page 19, Line 7including an interactive computer service, telephone network,

• Page 19, Line 8or data network, that allows users to create, share, and view

• Page 19, Line 9user-generated content, including, but not limited to, videos,

• Page 19, Line 10still photographs, blogs, video blogs or chats, live blogs or live

• Page 19, Line 11streams, podcasts, instant messages, direct messages, electronic mail, or internet website profiles.

• Page 19, Line 12(l)  "Explicit sexual conduct" means sexual intercourse,

• Page 19, Line 13sexual intrusion, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement.

• Page 19, Line 14(m)  "Generative AI" means a subset of artificial

• Page 19, Line 15intelligence that involves using algorithms and models to generate or create new and original content.

• Page 19, Line 16(n)  "Image editing software" means a computer program

• Page 19, Line 17that allows editing, modification, or alteration of an image or video.

• Page 19, Line 18(o)  "Intimate digital depiction" means a digital depiction that depicts:

• Page 19, Line 19(I)  The intimate parts of a depicted individual;

• Page 19, Line 20(II)  Sexual contact with a depicted individual; or

• Page 20, Line 1(III)  A depicted individual engaging in explicit sexual conduct.

• Page 20, Line 2(p)  "Private intimate image" means a photograph, film,

• Page 20, Line 3videotape, recording, digital file, or other reproduction that

• Page 20, Line 4depicts the private intimate parts of a depicted individual,

• Page 20, Line 5sexual contact by a person with a depicted individual, or a

• Page 20, Line 6depicted individual engaging in explicit sexual conduct,

• Page 20, Line 7regardless of whether or not intimate parts are visible in the image.

• Page 20, Line 8(q)  "Private intimate parts" means external genitalia or

• Page 20, Line 9the perineum or the anus or the pubes of a person or the breast of a female.

• Page 20, Line 10(r)  "Sexual contact" means:

• Page 20, Line 11(I)  The touching of a depicted individual's intimate parts

• Page 20, Line 12by another person, or of the other person's intimate parts by the

• Page 20, Line 13depicted individual, or the touching of the clothing covering the

• Page 20, Line 14immediate area of the depicted individual or other person's

• Page 20, Line 15intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse;

• Page 20, Line 16(II)  The emission or ejaculation of seminal fluid onto a

• Page 20, Line 17body part of the depicted individual or the clothing covering a body part of the depicted individual; or

• Page 20, Line 18(III)  Causing semen, blood, urine, feces, or a bodily

• Page 20, Line 19substance to contact a body part of the depicted individual or

• Page 20, Line 20the clothing covering a body part of the depicted individual if

• Page 20, Line 21that contact with semen, blood, urine, feces, or a bodily

• Page 20, Line 22substance is for the purpose of sexual arousal, gratification, or abuse.

• Page 21, Line 1SECTION 4.  In Colorado Revised Statutes, 18-7-108, amend (1), (2.5), (4)(b), (5), and (6); and add (5.5) as follows:

• Page 21, Line 218-7-108.  Disclosing a private intimate image or intimate

• Page 21, Line 3digital depiction for pecuniary gain - definitions. (1) (a)  An actor who

• Page 21, Line 4is eighteen years of age or older commits the offense of posting a private

• Page 21, Line 5image disclosing a private intimate image or intimate digital

• Page 21, Line 6depiction for pecuniary gain if the actor posts or distributes discloses

• Page 21, Line 7or threatens to disclose through social electronic media or any a

• Page 21, Line 8website any photograph, video, or other image displaying the real or

• Page 21, Line 9simulated private intimate parts of an identified or identifiable person

• Page 21, Line 10eighteen years of age or older or an image displaying sexual acts of an

• Page 21, Line 11identified or identifiable person a private intimate image or intimate digital depiction without the depicted individual's consent:

• Page 21, Line 12(I)  With the intent to obtain a pecuniary benefit from any a person

• Page 21, Line 13as a result of the posting, viewing, or removal disclosure, threatened

• Page 21, Line 14disclosure, or retraction of the private intimate image and or intimate digital depiction; or

• Page 21, Line 15(II) (A)  When the actor has not obtained the depicted person's consent; or

• Page 21, Line 16(B)   When the actor knew or reasonably should have known that

• Page 21, Line 17the depicted person had a reasonable expectation that the image would

• Page 21, Line 18remain private disclosure or threatened 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 and the disclosure:

• Page 22, Line 2(I)  Affected the conduct of an administrative, legislative,

• Page 22, Line 3or judicial proceeding of a governmental agency, including the administration of an election; or

• Page 22, Line 4(II)  Posed an imminent and serious threat to the depicted

• Page 22, Line 5individual's safety or the safety of the depicted individual's

• Page 22, Line 6immediate family and the actor knew or reasonably should have known of the imminent and serious threat.

• Page 22, Line 7(c)  Notwithstanding the provisions of section 18-1.3-501 (1)(a)

• Page 22, Line 8section 18-1.3-501 (1)(a.5), in addition to any other sentence the court

• Page 22, Line 9may impose, the court shall fine the defendant up to ten thousand dollars.

• Page 22, Line 10The fines collected pursuant to this paragraph (c) shall subsection (1)(c)

• Page 22, Line 11must be credited to the crime victim compensation fund created in section 24-4.1-117. C.R.S.

• Page 22, Line 12(2.5)  It is not a defense to an alleged violation of this section that

• Page 22, Line 13the image is partially digitally created or altered or that the private

• Page 22, Line 14intimate parts were digitally created or altered there is a disclaimer

• Page 22, Line 15stating that the intimate digital depiction of the depicted

• Page 22, Line 16individual was unauthorized or that the depicted individual did

• Page 22, Line 17not participate in the creation or development of the intimate digital depiction.

• Page 22, Line 18(4) (b)  An individual whose private intimate parts have been

• Page 22, Line 19posted or an individual who has had an image displaying sexual acts of

• Page 22, Line 20the individual posted image has been disclosed in accordance with this

• Page 22, Line 21section shall retain retains a protectable right of authorship regarding

• Page 22, Line 22the commercial use of the private intimate image.

• Page 23, Line 1(5) (a)  Nothing in this section shall be construed to impose

• Page 23, Line 2imposes liability on the provider of an interactive computer service, as

• Page 23, Line 3defined in 47 U.S.C. sec. 230 (f)(2); an information service, as defined in

• Page 23, Line 447 U.S.C. sec. 153 47 U.S.C. sec. 153 (24); or a telecommunications

• Page 23, Line 5service, 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 6(b)  Nothing in this section imposes liability on the

• Page 23, Line 7provider of an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2), for:

• Page 23, Line 8(I)  An action the provider of an interactive computer

• Page 23, Line 9service takes voluntarily and in good faith to restrict access to

• Page 23, Line 10or availability of a private intimate image or intimate digital depiction; or

• Page 23, Line 11(II)  An action the provider of an interactive computer

• Page 23, Line 12service takes to enable or make available to information

• Page 23, Line 13content providers, as defined in 47 U.S.C. sec. 230 (f)(3), or other

• Page 23, Line 14persons the technical means to restrict access to a private intimate image or intimate digital depiction.

• Page 23, Line 15(5.5)  This section does not apply to a disclosure of a

• Page 23, Line 16private intimate image or an intimate digital depiction if the disclosure was made in good faith:

• Page 23, Line 17(a)  To law enforcement while reporting a violation of this section; or

• Page 23, Line 18(b)  To the court, a party, or a finder of fact in a criminal proceeding brought pursuant to this section.

• Page 23, Line 19(6)  For purposes of this section, unless the context otherwise

• Page 23, Line 20requires:

• Page 24, Line 1(a)  "Displaying sexual acts" means any display of sexual acts even if the private intimate parts are not visible in the image.

• Page 24, Line 2(b)  "Image" means a photograph, film, videotape, recording, digital file, or other reproduction.

• Page 24, Line 3(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 4(d)  "Sexual acts" means sexual intrusion or sexual penetration as defined by section 18-3-401.

• Page 24, Line 5(e)  "Social media" means any electronic medium, including an

• Page 24, Line 6interactive computer service, telephone network, or data network, that

• Page 24, Line 7allows users to create, share, and view user-generated content, including

• Page 24, Line 8but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.

• Page 24, Line 9(f)  "Computer-generated" means created, developed,

• Page 24, Line 10made, or produced by digital software, including, but not limited to, phone applications and image editing software.

• Page 24, Line 11(g)  "Depicted individual" means an individual who is

• Page 24, Line 12identifiable by virtue of the individual's face, likeness, or other

• Page 24, Line 13distinguishing characteristic, including a unique birthmark or other recognizable feature, and who:

• Page 24, Line 14(I)  By digital or computer-generated means appears in whole or in part in an intimate digital depiction; or

• Page 24, Line 15(II)  Appears in whole or in part in a private intimate image.

• Page 24, Line 16(h)  "Digital depiction" means a photograph, film,

• Page 24, Line 17videotape, recording, digital file, or other realistic visual

• Page 24, Line 18depiction of a depicted individual that has been created,

• Page 24, Line 19altered, or produced by digitization or computer-generated

• Page 25, Line 1means. "Digital depiction" includes stored data that is capable

• Page 25, Line 2of conversion into a visual image. "Digital depiction" does not include handmade drawings or cartoons.

• Page 25, Line 3(i)  "Digitization" means creating or altering visual or

• Page 25, Line 4printed matter in a realistic manner using images of another

• Page 25, Line 5person or computer-generated images, regardless of whether

• Page 25, Line 6the creation or alteration is accomplished manually or through

• Page 25, Line 7an automated process. "Digitization" includes, but is not limited

• Page 25, Line 8to, creation or alteration of visual or printed matter using generative AI software.

• Page 25, Line 9(j)  "Disclose" means to transfer, publish, distribute, or make accessible.

• Page 25, Line 10(k)  "Electronic media" means an electronic medium,

• Page 25, Line 11including an interactive computer service, telephone network,

• Page 25, Line 12or data network, that allows users to create, share, and view

• Page 25, Line 13user-generated content, including, but not limited to, videos,

• Page 25, Line 14still photographs, blogs, video blogs or chats, live blogs or live

• Page 25, Line 15streams, podcasts, instant messages, direct messages, electronic mail, or internet website profiles.

• Page 25, Line 16(l)  "Explicit sexual conduct" means sexual intercourse,

• Page 25, Line 17sexual intrusion, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement.

• Page 25, Line 18(m)  "Generative AI" means a subset of artificial

• Page 25, Line 19intelligence that involves using algorithms and models to generate or create new and original content.

• Page 25, Line 20(n)  "Image editing software" means a computer program

• Page 25, Line 21that allows editing, modification, or alteration of an image or video.

• Page 26, Line 1(o)  "Intimate digital depiction" means a digital depiction that depicts:

• Page 26, Line 2(I)  The intimate parts of a depicted individual;

• (II)  Sexual contact with a depicted individual; or

• Page 26, Line 3(III)  A depicted individual engaging in explicit sexual conduct.

• Page 26, Line 4(p)  "Private intimate image" means a photograph, film,

• Page 26, Line 5videotape, recording, digital file, or other reproduction that

• Page 26, Line 6depicts the private intimate parts of a depicted individual,

• Page 26, Line 7sexual contact by a person with a depicted individual, or a

• Page 26, Line 8depicted individual engaging in explicit sexual conduct,

• Page 26, Line 9regardless of whether or not intimate parts are visible in the image.

• Page 26, Line 10(q)  "Private intimate parts" means external genitalia or

• Page 26, Line 11the perineum or the anus or the pubes of any person or the breast of a female.

• Page 26, Line 12(r)  "Sexual contact" means:

• Page 26, Line 13(I)  The touching of a depicted individual's intimate parts

• Page 26, Line 14by another person, or of the other person's intimate parts by the

• Page 26, Line 15depicted individual, or the touching of the clothing covering the

• Page 26, Line 16immediate area of the depicted individual or other person's

• Page 26, Line 17intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse;

• Page 26, Line 18(II)  The emission or ejaculation of seminal fluid onto a

• Page 26, Line 19body part of the depicted individual or the clothing covering a

• Page 26, Line 20body part of the depicted individual; or

• Page 27, Line 1(III)  Causing semen, blood, urine, feces, or a bodily

• Page 27, Line 2substance to contact a body part of the depicted individual or

• Page 27, Line 3the clothing covering a body part of the depicted individual if

• Page 27, Line 4that contact with semen, blood, urine, feces, or a bodily

• Page 27, Line 5substance is for the purpose of sexual arousal, gratification, or abuse.

• Page 27, Line 6SECTION 5.  In Colorado Revised Statutes, 24-4.1-302, amend (1)(mm) as follows:

• Page 27, Line 724-4.1-302.  Definitions. As used in this part 3, and for no other purpose, including the expansion of the rights of any defendant:

• Page 27, Line 8(1)  "Crime" means any of the following offenses, acts, and

• Page 27, Line 9violations as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile:

• Page 27, Line 10(mm)  Posting a private image Disclosing a private intimate

• Page 27, Line 11image or intimate digital depiction for harassment in violation of

• Page 27, Line 12section 18-7-107 or posting a private image disclosing a private

• Page 27, Line 13intimate image or intimate digital depiction for pecuniary gain in violation of section 18-7-108;

• Page 27, Line 14SECTION 6.  Act subject to petition - effective date -

• Page 27, Line 15applicability. (1)  This act takes effect at 12:01 a.m. on the day following

• Page 27, Line 16the expiration of the ninety-day period after final adjournment of the

• Page 27, Line 17general assembly; except that, if a referendum petition is filed pursuant

• Page 27, Line 18to section 1 (3) of article V of the state constitution against this act or an

• Page 27, Line 19item, section, or part of this act within such period, then the act, item,

• Page 27, Line 20section, or part will not take effect unless approved by the people at the

• Page 27, Line 21general election to be held in November 2026 and, in such case, will take

• Page 27, Line 22effect on the date of the official declaration of the vote thereon by the governor.

• Page 28, Line 1(2)  Sections 2, 3, 4, and 5 of this act apply to offenses committed on or after the applicable effective date of this act.