Senate Bill 25-288 Introduced

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)  "Computer-generated" means created, developed,

• Page 3, Line 9made, or produced by digital software, including, but not limited to, phone applications and image editing software.

• Page 3, Line 10(2)  "Consent" means affirmative, conscious, and voluntary authorization by a depicted individual;

• Page 3, Line 11(3)  "Depicted individual" means an individual who, by

• Page 3, Line 12digital or computer-generated means, appears in whole or in

• Page 3, Line 13part in an intimate digital depiction and who is identifiable by

• Page 3, Line 14virtue of the individual's face, likeness, or other distinguishing

• Page 3, Line 15characteristic, including a unique birthmark or other

• Page 3, Line 16recognizable feature, or from information another person displays in connection with the digital depiction.

• Page 3, Line 17(4)  "Digital depiction" means a realistic visual depiction

• Page 3, Line 18of a depicted individual that has been created, altered, or

• Page 4, Line 1produced by generative AI, image editing software, or

• Page 4, Line 2computer-generated means. "Digital depiction" includes stored

• Page 4, Line 3data that is capable of conversion into a visual image. "Digital

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

• Page 4, Line 5contemporaneously captured by film, video, camera, or digital

• Page 4, Line 6means without further editing, changes, alterations, or

• Page 4, Line 7additions of an intimate part or explicit sexual conduct not

• Page 4, Line 8otherwise found in the original image or captured at the time of the original image.

• Page 4, Line 9(5)  "Disclose" means to transfer, publish, distribute, or make accessible.

• Page 4, Line 10(6)  "Explicit sexual conduct" means sexual intercourse,

• Page 4, Line 11sexual intrusion, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement.

• Page 4, Line 12(7)  "Generative AI" means a subset of artificial

• Page 4, Line 13intelligence that involves using algorithms and models to generate or create new and original content.

• Page 4, Line 14(8)  "Image editing software" means a computer program

• Page 4, Line 15that allows editing, modification, or alteration of an image or video.

• Page 4, Line 16(9)  "Intimate digital depiction" means a digital depiction that depicts:

• Page 4, Line 17(a)  The intimate parts of a depicted individual;

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

• Page 4, Line 18(c)  A depicted individual engaging in explicit sexual conduct.

• Page 4, Line 19(10)  "Intimate parts" means the external genitalia or the

• Page 5, Line 1perineum or the anus or the buttocks or the pubes or the breast of a person.

• Page 5, Line 2(11)  "Reckless disregard" means consciously disregarding

• Page 5, Line 3a substantial and unjustifiable risk that a result will occur or

• Page 5, Line 4that a circumstance exists. "Reckless disregard" includes, but

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

• Page 5, Line 6notice, either implicitly or explicitly, that the disclosure would

• Page 5, Line 7cause reputational, emotional, financial, or physical harm to the depicted individual.

• Page 5, Line 8(12)  "Sexual contact" means:

• Page 5, Line 9(a)  The touching of a depicted individual's intimate parts

• Page 5, Line 10by another person, or of another person's intimate parts by the

• Page 5, Line 11depicted individual, or the touching of the clothing covering the

• Page 5, Line 12immediate area of the depicted individual or other person's

• Page 5, Line 13intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse;

• Page 5, Line 14(b)  The emission or ejaculation of seminal fluid onto a

• Page 5, Line 15body part of the depicted individual or the clothing covering a body part of the depicted individual; or

• Page 5, Line 16(c)  Causing semen, blood, urine, feces, or a bodily

• Page 5, Line 17substance to contact a body part of the depicted individual or

• Page 5, Line 18the clothing covering a body part of the depicted individual if

• Page 5, Line 19that contact with semen, blood, urine, feces, or a bodily

• Page 5, Line 20substance is for the purpose of sexual arousal, gratification, or abuse.

• Page 5, Line 21(13)  "Voluntary authorization" means authorization

• Page 5, Line 22provided in the absence of force, fraud, misrepresentation, duress, or coercion.

• Page 6, Line 113-21-1503.  Civil action - consent - disclaimers. (1)  Except as

• Page 6, Line 2otherwise provided in section 13-21-1504, a depicted individual

• Page 6, Line 3who is the subject of an intimate digital depiction that a person

• Page 6, Line 4disclosed or threatened to disclose without the depicted

• Page 6, Line 5individual's consent and who has suffered harm from the

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

• Page 6, Line 7depiction has a cause of action against the person who disclosed

• Page 6, Line 8the intimate digital depiction if the person knew or acted with reckless disregard for whether the depicted individual:

• Page 6, Line 9(a)  Did not consent to the disclosure;

• Page 6, Line 10(b)  Would experience severe emotional distress due to the disclosure or threatened disclosure; and

• Page 6, Line 11(c)  Was identifiable.

• Page 6, Line 12(2)  For purposes of an action brought pursuant to subsection (1) of this section:

• Page 6, Line 13(a)  A depicted individual's consent to the creation of the

• Page 6, Line 14intimate digital depiction does not establish that the depicted

• Page 6, Line 15individual consented to disclosure of the intimate digital depiction;

• Page 6, Line 16(b)  A depicted individual's consent is not valid unless the consent is set forth in an agreement that:

• Page 6, Line 17(I)  Is written in plain language;

• Page 6, Line 18(II)  Is signed knowingly and voluntarily by the depicted individual;

• Page 6, Line 19(III)  Includes a general description of the intimate digital

• Page 6, Line 20depiction;

• Page 7, Line 1(IV)  Identifies the specific use of the intimate digital

• Page 7, Line 2depiction agreed upon between the parties, including the

• Page 7, Line 3platforms or locations where the intimate digital depiction will

• Page 7, Line 4be published or otherwise made available to third parties, the

• Page 7, Line 5time period during which the intimate digital depiction will be

• Page 7, Line 6made available to third parties, and security features

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

• Page 7, Line 8(V)  If applicable, includes a general description of the

• Page 7, Line 9visual work into which the intimate digital depiction is

• Page 7, Line 10incorporated, including, but not limited to, a movie, television

• Page 7, Line 11show, artwork, product, comic book, computer application,

• Page 7, Line 12visual novel, web series, online avatar, dating application, computer game, video game, or chatbot; and

• Page 7, Line 13(c)  Previous consensual disclosure of the intimate digital

• Page 7, Line 14depiction that is the subject of the action does not, by itself,

• Page 7, Line 15establish that the depicted individual consented to a subsequent disclosure of the intimate digital depiction.

• Page 7, Line 16(3)  It is not a defense to an action brought pursuant to

• Page 7, Line 17this part 15 that there is a disclaimer stating that the intimate

• Page 7, Line 18digital depiction of the depicted individual was unauthorized or

• Page 7, Line 19that the depicted individual did not participate in the creation or development of the intimate digital depiction.

• Page 7, Line 20(4)  In the case of a depicted individual who is under

• Page 7, Line 21eighteen years of age or is incompetent, incapacitated, or

• Page 7, Line 22deceased, the legal guardian of the depicted individual, another

• Page 7, Line 23family member, a representative of the depicted individual's

• Page 8, Line 1estate, or any other person appointed as suitable by the court

• Page 8, Line 2may assume the depicted individual's rights pursuant to this part

• Page 8, Line 315; except that a defendant against whom an action is brought

• Page 8, Line 4pursuant to this part 15 shall not, in any event, assume the depicted individual's rights.

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

• Page 8, Line 6disclosure or threatened disclosure of an intimate digital

• Page 8, Line 7depiction; a plaintiff may also bring any other available common law or statutory claims.

• Page 8, Line 813-21-1504.  Exceptions to liability - construction. (1) (a)  A

• Page 8, Line 9person is not liable under this part 15 if the person proves that

• Page 8, Line 10disclosure of, or a threat to disclose, the intimate digital depiction was:

• Page 8, Line 11(I)  Made in good faith:

• (A)  By law enforcement;

• Page 8, Line 12(B)  In a legal proceeding; or

• (C)  For medical education or treatment;

• Page 8, Line 13(II)  Made in good faith in the reporting or investigation of:

• Page 8, Line 14(A)  Unlawful conduct; or

• (B)  Unsolicited and unwelcome conduct;

• Page 8, Line 15(III)  Related to a matter of public concern or public interest; or

• Page 8, Line 16(IV)  Reasonably intended to assist the depicted individual.

• Page 8, Line 17(b)  Notwithstanding the exceptions in subsection (1)(a) of

• Page 8, Line 18this section, a claim of good faith does not limit liability for a

• Page 9, Line 1defendant who created, developed, or otherwise made the intimate digital depiction.

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

• Page 9, Line 3pursuant to this section, the exception does not apply if the

• Page 9, Line 4plaintiff proves by a preponderance of the evidence that the disclosure was:

• Page 9, Line 5(a)  Prohibited by law other than this part 15; or

• Page 9, Line 6(b)  Made, possessed, or distributed for the purposes of

• Page 9, Line 7sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

• Page 9, Line 8(3)  Disclosure of, or a threat to disclose, an intimate

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

• Page 9, Line 10(4)  Nothing in this section imposes liability on the

• Page 9, Line 11provider of an interactive computer service, as defined in 47

• Page 9, Line 12U.S.C. sec. 230 (f)(2); an information service, as defined in 47

• Page 9, Line 13U.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 14(5)  Nothing in this part 15 imposes liability on the provider

• Page 9, Line 15of an interactive computer service, as defined in 47 U.S.C. sec. 230(f)(2), for:

• Page 9, Line 16(a)  An action the provider of an interactive computer

• Page 9, Line 17service takes voluntarily and in good faith to restrict access to or availability of an intimate digital depiction; or

• Page 9, Line 18(b)  An action the provider of an interactive computer

• Page 9, Line 19service takes to enable or make available to information

• Page 9, Line 20content providers, as defined in 47 U.S.C. sec. 230 (f)(3), or other

• Page 10, Line 1persons the technical means to restrict access to an intimate digital depiction.

• Page 10, Line 2(6)  This part 15 must be construed to be consistent with

• Page 10, Line 3the federal "Communications Decency Act of 1996", 47 U.S.C. sec. 230.

• Page 10, Line 413-21-1505.  Plaintiff privacy. (1)  In a civil action filed pursuant to this part 15:

• Page 10, Line 5(a)  A plaintiff may proceed using a pseudonym in place of the plaintiff's true name;

• Page 10, Line 6(b)  The court may authorize an in camera proceeding; and

• Page 10, Line 7(c)  The court may make further orders as necessary to protect the identity and privacy of a plaintiff.

• Page 10, Line 813-21-1506.  Remedies. (1)  In a civil action filed pursuant

• Page 10, Line 9to this part 15, a prevailing plaintiff may recover all of the following:

• Page 10, Line 10(a)  An amount equal to the monetary gain the defendant

• Page 10, Line 11made from the creation, development, or disclosure of the intimate digital depiction;

• Page 10, Line 12(b)  Either of the following, whichever is greater:

• Page 10, Line 13(I)  The actual damages sustained by the depicted

• Page 10, Line 14individual as a result of the intimate digital depiction's disclosure, including damages for emotional distress; or

• Page 10, Line 15(II)  Liquidated damages of one hundred fifty thousand dollars;

• Page 10, Line 16(c)  Exemplary damages; and

• Page 10, Line 17(d)  The cost of the action, including reasonable attorney

• Page 10, Line 18fees and other litigation costs reasonably incurred.

• Page 11, Line 1(2)  In a civil action filed pursuant to this part 15, a court

• Page 11, Line 2may, in addition to any other relief available pursuant to state

• Page 11, Line 3law, order equitable relief, including a temporary restraining

• Page 11, Line 4order, a preliminary injunction, or a permanent injunction

• Page 11, Line 5ordering the defendant to cease disclosure of the intimate digital depiction.

• Page 11, Line 613-21-1507.  Rules.The attorney general may adopt rules as necessary for the purpose of implementing this part 15.

• Page 11, Line 7SECTION 2.  In Colorado Revised Statutes, 18-6-403, amend (2)(j); and add (2)(b.7), (2)(f.5), (9), and (10) as follows:

• Page 11, Line 818-6-403.  Sexual exploitation of a child - legislative declaration

• Page 11, Line 9- definitions. (2)  As used in this section, unless the context otherwise requires:

• Page 11, Line 10(b.7)  "Digitization" has the same meaning as in section 18-7-107 (6)(i).

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

• Page 11, Line 12(I)  The average person, applying contemporary community

• Page 11, Line 13standards, would find that, taken as a whole, appeals to the prurient interest in sex;

• Page 11, Line 14(II)  Depicts or describes:

• Page 11, Line 15(A)  Patently offensive representations or descriptions of

• Page 11, Line 16ultimate sex acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or

• Page 11, Line 17(B)  Patently offensive representations or descriptions of

• Page 11, Line 18masturbation, excretory functions, sadism, masochism, lewd

• Page 11, Line 19exhibition of the genitals, the genitals in a state of sexual

• Page 11, Line 20stimulation or arousal, or the covered penis in a discernibly turgid state; and

• Page 12, Line 1(III)  Taken as a whole, lacks serious literary, artistic, political, or scientific value.

• Page 12, Line 2(j)  "Sexually exploitative material" means: any

• Page 12, Line 3(I)  A photograph, motion picture, video, recording or broadcast

• Page 12, Line 4of moving visual images, live stream, print, negative, slide, or other

• Page 12, Line 5mechanically, electronically, chemically, or digitally reproduced visual

• Page 12, Line 6material that depicts a child engaged in, participating in, observing, or being used for explicit sexual conduct; or

• Page 12, Line 7(II)  A realistic visual depiction or stored data that is

• Page 12, Line 8capable of conversion into a realistic visual depiction, whether

• Page 12, Line 9created, altered, or produced by digitization or

• Page 12, Line 10computer-generated means, that is indistinguishable from that

• Page 12, Line 11of a child engaged in, participating in, observing, or being used for explicit sexual conduct and that is obscene.

• Page 12, Line 12(9)  In a prosecution brought pursuant to this section, the

• Page 12, Line 13state is not required to establish the identity of the alleged victim.

• Page 12, Line 14(10)  When the charged offense involves sexually

• Page 12, Line 15exploitative material pursuant to subsection (2)(j)(II) of this

• Page 12, Line 16section, it is not a defense that the defendant lacked knowledge

• Page 12, Line 17of whether the realistic visual depiction was created, altered, or produced by digitization or computer-generated means.

• Page 12, Line 18SECTION 3.  In Colorado Revised Statutes, 18-7-107, amend (1), (2.5), (4)(b), (5), and (6); and add (5.5) as follows:

• Page 12, Line 1918-7-107.  Disclosing a private intimate image or intimate

• Page 12, Line 20digital depiction for harassment - definitions. (1) (a)  An actor who is

• Page 13, Line 1eighteen years of age or older commits the offense of posting a private

• Page 13, Line 2image disclosing a private intimate image or intimate digital

• Page 13, Line 3depiction for harassment if the actor posts or distributes discloses or

• Page 13, Line 4threatens to disclose through the use of social electronic media or

• Page 13, Line 5any a website any photograph, video, or other image displaying the real

• Page 13, Line 6or simulated private intimate parts of an identified or identifiable person

• Page 13, Line 7eighteen years of age or older or an image displaying sexual acts of an

• Page 13, Line 8identified or identifiable person a private intimate image or an

• Page 13, Line 9intimate digital depiction without the depicted individual's consent:

• Page 13, Line 10(I)  With the intent to harass, intimidate, or coerce the depicted person individual; or

• Page 13, Line 11(II) (A)  Without the depicted person's consent; or

• Page 13, Line 12(B)  When the actor knew or should have known that the depicted

• Page 13, Line 13person had a reasonable expectation that the image would remain private; and

• Page 13, Line 14(III)  The conduct results in serious emotional distress of the depicted person.

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

• Page 13, Line 16known that the disclosure would cause physical, emotional, or reputational harm to the depicted individual.

• Page 13, Line 17(b)  Posting a private image Disclosing a private intimate

• Page 13, Line 18image or intimate digital depiction for harassment is a class 1

• Page 13, Line 19misdemeanor; except that it is a class 6 felony if the actor

• Page 13, Line 20disclosed the private intimate image or intimate digital depiction and the disclosure:

• Page 13, Line 21(I)  Affected the conduct of an administrative, legislative,

• Page 14, Line 1or judicial proceeding of a governmental agency, including the administration of an election; or

• Page 14, Line 2(II)  Posed an imminent and serious threat to the depicted

• Page 14, Line 3individual's safety or the safety of the depicted individual's

• Page 14, Line 4immediate family and the actor knew or reasonably should have known of the imminent and serious threat.

• Page 14, Line 5(c)  Notwithstanding the provisions of section 18-1.3-501 (1)(a)

• Page 14, Line 6section 18-1.3-501 (1)(a.5), in addition to any other sentence the court

• Page 14, Line 7may impose, the court shall fine the defendant up to ten thousand dollars.

• Page 14, Line 8The fines collected pursuant to this paragraph (c) shall subsection (1)(c)

• Page 14, Line 9must be credited to the crime victim compensation fund created in section 24-4.1-117. C.R.S.

• Page 14, Line 10(2.5)  It is not a defense to an alleged violation of this section that

• Page 14, Line 11the image is partially digitally created or altered or that the private

• Page 14, Line 12intimate parts were digitally created or altered there is a disclaimer

• Page 14, Line 13stating that the intimate digital depiction of the depicted

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

• Page 14, Line 15not participate in the creation or development of the intimate digital depiction.

• Page 14, Line 16(4) (b)  An individual whose private intimate parts have been

• Page 14, Line 17posted or an individual who has had an image displaying sexual acts of

• Page 14, Line 18the individual posted image has been disclosed in accordance with this

• Page 14, Line 19section shall retain retains a protectable right of authorship regarding the commercial use of the private intimate image.

• Page 14, Line 20(5) (a)  Nothing in this section shall be construed to impose

• Page 14, Line 21imposes liability on the provider of an interactive computer service, as

• Page 14, Line 22defined in 47 U.S.C. sec. 230 (f)(2); an information service, as defined in

• Page 15, Line 147 U.S.C. sec. 153 47 U.S.C. sec. 153 (24); or a telecommunications

• Page 15, Line 2service, as defined in 47 U.S.C. sec. 153 47 U.S.C. sec. 153 (53), for content provided by another person.

• Page 15, Line 3(b)  Nothing in this section imposes liability on the

• Page 15, Line 4provider of an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2), for:

• Page 15, Line 5(I)  An action the provider of an interactive computer

• Page 15, Line 6service takes voluntarily and in good faith to restrict access to

• Page 15, Line 7or availability of a private intimate image or intimate digital depiction; or

• Page 15, Line 8(II)  An action the provider of an interactive computer

• Page 15, Line 9service takes to enable or make available to information

• Page 15, Line 10content providers, as defined in 47 U.S.C. sec. 230 (f)(3), or other

• Page 15, Line 11persons the technical means to restrict access to a private intimate image or intimate digital depiction.

• Page 15, Line 12(5.5)  This section does not apply to a disclosure of a

• Page 15, Line 13private intimate image or an intimate digital depiction if the disclosure was made in good faith:

• Page 15, Line 14(a)  To law enforcement while reporting a violation of this section; or

• Page 15, Line 15(b)  To the court, a party, or a finder of fact in a criminal proceeding brought pursuant to this section.

• Page 15, Line 16(6)  For purposes of this section, unless the context otherwise requires:

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

• Page 15, Line 18(b)  "Image" means a photograph, film, videotape, recording, digital file, or other reproduction.

• Page 16, 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 16, Line 2(d)  "Sexual acts" means sexual intrusion or sexual penetration as defined by section 18-3-401.

• Page 16, Line 3(e)  "Social media" means any electronic medium, including an

• Page 16, Line 4interactive computer service, telephone network, or data network, that

• Page 16, Line 5allows users to create, share, and view user-generated content, including

• Page 16, Line 6but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.

• Page 16, Line 7(f)  "Computer-generated" means created, developed,

• Page 16, Line 8made, or produced by digital software, including, but not limited to, phone applications and image editing software.

• Page 16, Line 9(g)  "Depicted individual" means an individual who is

• Page 16, Line 10identifiable by virtue of the individual's face, likeness, or other

• Page 16, Line 11distinguishing characteristic, including a unique birthmark or other recognizable feature, and who:

• Page 16, Line 12(I)  By digital or computer-generated means appears in whole or in part in an intimate digital depiction; or

• Page 16, Line 13(II)  Appears in whole or in part in a private intimate image.

• Page 16, Line 14(h)  "Digital depiction" means a photograph, film,

• Page 16, Line 15videotape, recording, digital file, or other realistic visual

• Page 16, Line 16depiction of a depicted individual that has been created,

• Page 16, Line 17altered, or produced by digitization or computer-generated

• Page 16, Line 18means. "Digital depiction" includes stored data that is capable

• Page 16, Line 19of conversion into a visual image. "Digital depiction" does not

• Page 16, Line 20include handmade drawings or cartoons.

• Page 17, Line 1(i)  "Digitization" means creating or altering visual or

• Page 17, Line 2printed matter in a realistic manner using images of another

• Page 17, Line 3person or computer-generated images, regardless of whether

• Page 17, Line 4the creation or alteration is accomplished manually or through

• Page 17, Line 5an automated process. "Digitization" includes, but is not limited

• Page 17, Line 6to, creation or alteration of visual or printed matter using generative AI software.

• Page 17, Line 7(j)  "Disclose" means to transfer, publish, distribute, or make accessible.

• Page 17, Line 8(k)  "Electronic media" means an electronic medium,

• Page 17, Line 9including an interactive computer service, telephone network,

• Page 17, Line 10or data network, that allows users to create, share, and view

• Page 17, Line 11user-generated content, including, but not limited to, videos,

• Page 17, Line 12still photographs, blogs, video blogs or chats, live blogs or live

• Page 17, Line 13streams, podcasts, instant messages, direct messages, electronic mail, or internet website profiles.

• Page 17, Line 14(l)  "Explicit sexual conduct" means sexual intercourse,

• Page 17, Line 15sexual intrusion, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement.

• Page 17, Line 16(m)  "Generative AI" means a subset of artificial

• Page 17, Line 17intelligence that involves using algorithms and models to generate or create new and original content.

• Page 17, Line 18(n)  "Image editing software" means a computer program

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

• Page 17, Line 20(o)  "Intimate digital depiction" means a digital depiction

• Page 17, Line 21that depicts:

• (I)  The intimate parts of a depicted individual;

• Page 18, Line 1(II)  Sexual contact with a depicted individual; or

• Page 18, Line 2(III)  A depicted individual engaging in explicit sexual conduct.

• Page 18, Line 3(p)  "Private intimate image" means a photograph, film,

• Page 18, Line 4videotape, recording, digital file, or other reproduction that

• Page 18, Line 5depicts the private intimate parts of a depicted individual,

• Page 18, Line 6sexual contact by a person with a depicted individual, or a

• Page 18, Line 7depicted individual engaging in explicit sexual conduct,

• Page 18, Line 8regardless of whether or not intimate parts are visible in the image.

• Page 18, Line 9(q)  "Private intimate parts" means external genitalia or

• Page 18, Line 10the perineum or the anus or the pubes of a person or the breast of a female.

• Page 18, Line 11(r)  "Sexual contact" means:

• Page 18, Line 12(I)  The touching of a depicted individual's intimate parts

• Page 18, Line 13by another person, or of the other person's intimate parts by the

• Page 18, Line 14depicted individual, or the touching of the clothing covering the

• Page 18, Line 15immediate area of the depicted individual or other person's

• Page 18, Line 16intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse;

• Page 18, Line 17(II)  The emission or ejaculation of seminal fluid onto a

• Page 18, Line 18body part of the depicted individual or the clothing covering a body part of the depicted individual; or

• Page 18, Line 19(III)  Causing semen, blood, urine, feces, or a bodily

• Page 18, Line 20substance to contact a body part of the depicted individual or

• Page 18, Line 21the clothing covering a body part of the depicted individual if

• Page 19, Line 1that contact with semen, blood, urine, feces, or a bodily

• Page 19, Line 2substance is for the purpose of sexual arousal, gratification, or abuse.

• Page 19, Line 3SECTION 4.  In Colorado Revised Statutes, 18-7-108, amend (1), (2.5), (4)(b), (5), and (6); and add (5.5) as follows:

• Page 19, Line 418-7-108.  Disclosing a private intimate image or intimate

• Page 19, Line 5digital depiction for pecuniary gain - definitions. (1) (a)  An actor who

• Page 19, Line 6is eighteen years of age or older commits the offense of posting a private

• Page 19, Line 7image disclosing a private intimate image or intimate digital

• Page 19, Line 8depiction for pecuniary gain if the actor posts or distributes discloses

• Page 19, Line 9or threatens to disclose through social electronic media or any a

• Page 19, Line 10website any photograph, video, or other image displaying the real or

• Page 19, Line 11simulated private intimate parts of an identified or identifiable person

• Page 19, Line 12eighteen years of age or older or an image displaying sexual acts of an

• Page 19, Line 13identified or identifiable person a private intimate image or intimate digital depiction without the depicted individual's consent:

• Page 19, Line 14(I)  With the intent to obtain a pecuniary benefit from any a person

• Page 19, Line 15as a result of the posting, viewing, or removal disclosure, threatened

• Page 19, Line 16disclosure, or retraction of the private intimate image and or intimate digital depiction; or

• Page 19, Line 17(II) (A)  When the actor has not obtained the depicted person's consent; or

• Page 19, Line 18(B)   When the actor knew or reasonably should have known that

• Page 19, Line 19the depicted person had a reasonable expectation that the image would

• Page 19, Line 20remain private disclosure or threatened disclosure would cause financial harm to the depicted individual.

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

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

• Page 20, Line 2misdemeanor; except that it is a class 6 felony if the actor

• Page 20, Line 3disclosed the private intimate image or intimate digital depiction and the disclosure:

• Page 20, Line 4(I)  Affected the conduct of an administrative, legislative,

• Page 20, Line 5or judicial proceeding of a governmental agency, including the administration of an election; or

• Page 20, Line 6(II)  Posed an imminent and serious threat to the depicted

• Page 20, Line 7individual's safety or the safety of the depicted individual's

• Page 20, Line 8immediate family and the actor knew or reasonably should have known of the imminent and serious threat.

• Page 20, Line 9(c)  Notwithstanding the provisions of section 18-1.3-501 (1)(a)

• Page 20, Line 10section 18-1.3-501 (1)(a.5), in addition to any other sentence the court

• Page 20, Line 11may impose, the court shall fine the defendant up to ten thousand dollars.

• Page 20, Line 12The fines collected pursuant to this paragraph (c) shall subsection (1)(c)

• Page 20, Line 13must be credited to the crime victim compensation fund created in section 24-4.1-117. C.R.S.

• Page 20, Line 14(2.5)  It is not a defense to an alleged violation of this section that

• Page 20, Line 15the image is partially digitally created or altered or that the private

• Page 20, Line 16intimate parts were digitally created or altered there is a disclaimer

• Page 20, Line 17stating that the intimate digital depiction of the depicted

• Page 20, Line 18individual was unauthorized or that the depicted individual did

• Page 20, Line 19not participate in the creation or development of the intimate digital depiction.

• Page 20, Line 20(4) (b)  An individual whose private intimate parts have been

• Page 20, Line 21posted or an individual who has had an image displaying sexual acts of

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

• Page 21, Line 1section shall retain retains a protectable right of authorship regarding the commercial use of the private intimate image.

• Page 21, Line 2(5) (a)  Nothing in this section shall be construed to impose

• Page 21, Line 3imposes liability on the provider of an interactive computer service, as

• Page 21, Line 4defined in 47 U.S.C. sec. 230 (f)(2); an information service, as defined in

• Page 21, Line 547 U.S.C. sec. 153 47 U.S.C. sec. 153 (24); or a telecommunications

• Page 21, Line 6service, as defined in 47 U.S.C. sec. 153 47 U.S.C. sec. 153 (53), for content provided by another person.

• Page 21, Line 7(b)  Nothing in this section imposes liability on the

• Page 21, Line 8provider of an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2), for:

• Page 21, Line 9(I)  An action the provider of an interactive computer

• Page 21, Line 10service takes voluntarily and in good faith to restrict access to

• Page 21, Line 11or availability of a private intimate image or intimate digital depiction; or

• Page 21, Line 12(II)  An action the provider of an interactive computer

• Page 21, Line 13service takes to enable or make available to information

• Page 21, Line 14content providers, as defined in 47 U.S.C. sec. 230 (f)(3), or other

• Page 21, Line 15persons the technical means to restrict access to a private intimate image or intimate digital depiction.

• Page 21, Line 16(5.5)  This section does not apply to a disclosure of a

• Page 21, Line 17private intimate image or an intimate digital depiction if the disclosure was made in good faith:

• Page 21, Line 18(a)  To law enforcement while reporting a violation of this section; or

• Page 21, Line 19(b)  To the court, a party, or a finder of fact in a criminal

• Page 21, Line 20proceeding brought pursuant to this section.

• Page 22, Line 1(6)  For purposes of this section, unless the context otherwise requires:

• Page 22, Line 2(a)  "Displaying sexual acts" means any display of sexual acts even if the private intimate parts are not visible in the image.

• Page 22, Line 3(b)  "Image" means a photograph, film, videotape, recording, digital file, or other reproduction.

• Page 22, Line 4(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 22, Line 5(d)  "Sexual acts" means sexual intrusion or sexual penetration as defined by section 18-3-401.

• Page 22, Line 6(e)  "Social media" means any electronic medium, including an

• Page 22, Line 7interactive computer service, telephone network, or data network, that

• Page 22, Line 8allows users to create, share, and view user-generated content, including

• Page 22, Line 9but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.

• Page 22, Line 10(f)  "Computer-generated" means created, developed,

• Page 22, Line 11made, or produced by digital software, including, but not limited to, phone applications and image editing software.

• Page 22, Line 12(g)  "Depicted individual" means an individual who is

• Page 22, Line 13identifiable by virtue of the individual's face, likeness, or other

• Page 22, Line 14distinguishing characteristic, including a unique birthmark or other recognizable feature, and who:

• Page 22, Line 15(I)  By digital or computer-generated means appears in whole or in part in an intimate digital depiction; or

• Page 22, Line 16(II)  Appears in whole or in part in a private intimate image.

• Page 22, Line 17(h)  "Digital depiction" means a photograph, film,

• Page 22, Line 18videotape, recording, digital file, or other realistic visual

• Page 23, Line 1depiction of a depicted individual that has been created,

• Page 23, Line 2altered, or produced by digitization or computer-generated

• Page 23, Line 3means. "Digital depiction" includes stored data that is capable

• Page 23, Line 4of conversion into a visual image. "Digital depiction" does not include handmade drawings or cartoons.

• Page 23, Line 5(i)  "Digitization" means creating or altering visual or

• Page 23, Line 6printed matter in a realistic manner using images of another

• Page 23, Line 7person or computer-generated images, regardless of whether

• Page 23, Line 8the creation or alteration is accomplished manually or through

• Page 23, Line 9an automated process. "Digitization" includes, but is not limited

• Page 23, Line 10to, creation or alteration of visual or printed matter using generative AI software.

• Page 23, Line 11(j)  "Disclose" means to transfer, publish, distribute, or make accessible.

• Page 23, Line 12(k)  "Electronic media" means an electronic medium,

• Page 23, Line 13including an interactive computer service, telephone network,

• Page 23, Line 14or data network, that allows users to create, share, and view

• Page 23, Line 15user-generated content, including, but not limited to, videos,

• Page 23, Line 16still photographs, blogs, video blogs or chats, live blogs or live

• Page 23, Line 17streams, podcasts, instant messages, direct messages, electronic mail, or internet website profiles.

• Page 23, Line 18(l)  "Explicit sexual conduct" means sexual intercourse,

• Page 23, Line 19sexual intrusion, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement.

• Page 23, Line 20(m)  "Generative AI" means a subset of artificial

• Page 23, Line 21intelligence that involves using algorithms and models to

• Page 23, Line 22generate or create new and original content.

• Page 24, Line 1(n)  "Image editing software" means a computer program

• Page 24, Line 2that allows editing, modification, or alteration of an image or video.

• Page 24, Line 3(o)  "Intimate digital depiction" means a digital depiction that depicts:

• Page 24, Line 4(I)  The intimate parts of a depicted individual;

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

• Page 24, Line 5(III)  A depicted individual engaging in explicit sexual conduct.

• Page 24, Line 6(p)  "Private intimate image" means a photograph, film,

• Page 24, Line 7videotape, recording, digital file, or other reproduction that

• Page 24, Line 8depicts the private intimate parts of a depicted individual,

• Page 24, Line 9sexual contact by a person with a depicted individual, or a

• Page 24, Line 10depicted individual engaging in explicit sexual conduct,

• Page 24, Line 11regardless of whether or not intimate parts are visible in the image.

• Page 24, Line 12(q)  "Private intimate parts" means external genitalia or

• Page 24, Line 13the perineum or the anus or the pubes of any person or the breast of a female.

• Page 24, Line 14(r)  "Sexual contact" means:

• Page 24, Line 15(I)  The touching of a depicted individual's intimate parts

• Page 24, Line 16by another person, or of the other person's intimate parts by the

• Page 24, Line 17depicted individual, or the touching of the clothing covering the

• Page 24, Line 18immediate area of the depicted individual or other person's

• Page 24, Line 19intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse;

• Page 24, Line 20(II)  The emission or ejaculation of seminal fluid onto a

• Page 25, Line 1body part of the depicted individual or the clothing covering a body part of the depicted individual; or

• Page 25, Line 2(III)  Causing semen, blood, urine, feces, or a bodily

• Page 25, Line 3substance to contact a body part of the depicted individual or

• Page 25, Line 4the clothing covering a body part of the depicted individual if

• Page 25, Line 5that contact with semen, blood, urine, feces, or a bodily

• Page 25, Line 6substance is for the purpose of sexual arousal, gratification, or abuse.

• Page 25, Line 7SECTION 5.  In Colorado Revised Statutes, 24-4.1-302, amend (1)(mm) as follows:

• Page 25, Line 824-4.1-302.  Definitions. As used in this part 3, and for no other purpose, including the expansion of the rights of any defendant:

• Page 25, Line 9(1)  "Crime" means any of the following offenses, acts, and

• Page 25, Line 10violations as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile:

• Page 25, Line 11(mm)  Posting a private image Disclosing a private intimate

• Page 25, Line 12image or intimate digital depiction for harassment in violation of

• Page 25, Line 13section 18-7-107 or posting a private image disclosing a private

• Page 25, Line 14intimate image or intimate digital depiction for pecuniary gain in violation of section 18-7-108;

• Page 25, Line 15SECTION 6.  Act subject to petition - effective date -

• Page 25, Line 16applicability. (1)  This act takes effect at 12:01 a.m. on the day following

• Page 25, Line 17the expiration of the ninety-day period after final adjournment of the

• Page 25, Line 18general assembly; except that, if a referendum petition is filed pursuant

• Page 25, Line 19to section 1 (3) of article V of the state constitution against this act or an

• Page 25, Line 20item, section, or part of this act within such period, then the act, item,

• Page 25, Line 21section, or part will not take effect unless approved by the people at the

• Page 26, Line 1general election to be held in November 2026 and, in such case, will take

• Page 26, Line 2effect on the date of the official declaration of the vote thereon by the governor.

• Page 26, Line 3(2)  Sections 2, 3, 4, and 5 of this act apply to offenses committed on or after the applicable effective date of this act.