A Bill for an Act
Page 1, Line 101Concerning prohibiting the use of another individual's
Page 1, Line 102personally identifying feature without permission.
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 criminalizes the use of an individual's fingerprint, voiceprint, retina, iris, or facial map (personally identifying feature) in an advertisement, deepfake, image, video, voice recording, or other digital depiction, without the individual's permission (unlawful use of a personally identifying feature). Unlawful use of a personally identifying feature is a class 5 felony, and unlawful use of a personally identifying feature with the intent to harm the individual or another individual is a class 4 felony.
An individual harmed by an unlawful use of a personally identifying feature may bring a civil cause of action and collect damages and reasonable attorney fees.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, add 18-5-906 as
Page 2, Line 3follows:
Page 2, Line 418-5-906. Unlawful use of personally identifying features -
Page 2, Line 5civil action - exceptions - definitions.
Page 2, Line 6(1) As used in this section, unless the context otherwise
Page 2, Line 7requires:
Page 2, Line 8(a) "Harm" means a physical, emotional, or financial harm.
Page 2, Line 9(b) "Personally identifying feature" means an individual's:
Page 2, Line 10(I) Fingerprint;
Page 2, Line 11(II) Voiceprint;
Page 2, Line 12(III) Scan or record of their eye retina or iris; and
Page 2, Line 13(IV) Facial map, facial geometry, or facial template.
Page 2, Line 14(c) "Use" means to take, capture, create, include in, or be
Page 2, Line 15a part of:
Page 2, Line 16(I) An advertisement;
Page 2, Line 17(II) A deepfake, as defined in section 1-46-102;
Page 2, Line 18(III) An image;
Page 2, Line 19(IV) A video;
Page 2, Line 20(V) A voice recording; or
Page 2, Line 21(VI) Any other digital depiction.
Page 2, Line 22(2) A person commits unlawful use of a personally
Page 2, Line 23identifying feature if the person:
Page 3, Line 1(a) Uses a personally identifying feature of an individual
Page 3, Line 2without permission; or
Page 3, Line 3(b) Uses a personally identifying feature of an individual
Page 3, Line 4without permission to intentionally harm the individual whose
Page 3, Line 5personally identifying feature is unlawfully used.
Page 3, Line 6(3) (a) Unlawful use of a personally identifying feature
Page 3, Line 7in violation of subsection (2)(a) of this section is a class 5 felony.
Page 3, Line 8(b) Unlawful use of a personally identifying feature in
Page 3, Line 9violation of subsection (2)(b) of this section is a class 4 felony.
Page 3, Line 10(4) An individual harmed in violation of this section may
Page 3, Line 11bring a civil action for damages and reasonable attorney fees.
Page 3, Line 12Unlawful use pursuant to subsection (2)(a) of this section is a
Page 3, Line 13legally cognizable harm. An individual may include in their
Page 3, Line 14civil action a claim for any amount of damages.
Page 3, Line 15(5) (a) This section does not apply to an image, video, voice
Page 3, Line 16recording, or other digital depiction distributed to the public in
Page 3, Line 17connection with a criminal investigation or taken by a person in
Page 3, Line 18the act of reporting or documenting criminal conduct.
Page 3, Line 19(b) This section does not apply to a city, county, city and
Page 3, Line 20county, or state government, or an employee thereof, in
Page 3, Line 21connection with an official act of the city, county, city and
Page 3, Line 22county, or state government, or an employee thereof in the
Page 3, Line 23performance of their official duties.
Page 3, Line 24(c) This section does not apply:
Page 3, Line 25(I) In connection with any news, public affairs, or sports
Page 3, Line 26broadcast or account;
Page 3, Line 27(II) For the purposes of comment, criticism, scholarship,
Page 4, Line 1satire, or parody;
Page 4, Line 2(III) To a representation of the individual whose
Page 4, Line 3personally identifying feature is being used as the individual's
Page 4, Line 4self in an audiovisual work, as defined pursuant to 17 U.S.C. sec.
Page 4, Line 5101, unless the audiovisual work containing the use is intended
Page 4, Line 6to create, and does create, the false impression that the work is
Page 4, Line 7an authentic recording in which the individual participated;
Page 4, Line 8(IV) To a fleeting or incidental use of a personally
Page 4, Line 9identifying feature;
Page 4, Line 10(V) To an advertisement or commercial announcement for
Page 4, Line 11an audiovisual work described in this subsection (5)(c); and
Page 4, Line 12(VI) To any other activity protected pursuant to the first
Page 4, Line 13amendment to the United States constitution.
Page 4, Line 14SECTION 2. Applicability. This act applies to offenses
Page 4, Line 15committed on or after the effective date of this act.
Page 4, Line 16SECTION 3. Safety clause. The general assembly finds,
Page 4, Line 17determines, and declares that this act is necessary for the immediate
Page 4, Line 18preservation of the public peace, health, or safety or for appropriations for
Page 4, Line 19the support and maintenance of the departments of the state and state
Page 4, Line 20institutions.