House Committee of Reference Report
Committee on Judiciary
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May 3, 2025
After consideration on the merits, the Committee recommends the following:
SB25-288 be amended as follows, and as so amended, be referred to the Committee of the Whole with favorable recommendation:
Page 1, Line 1Amend reengrossed bill, page 3, strike lines 12 through 15 and substitute:
Page 1, Line 2"(1) "Broadcaster" means:
Page 1, Line 3(a) An entity that operates a licensed AM, FM, or
Page 1, Line 4television broadcast facility under the jurisdiction of the
Page 1, Line 5federal communications commission, including a digital
Page 1, Line 6platform owned and operated by the entity; or
Page 1, Line 7(b) A radio or television broadcasting station, including
Page 1, Line 8a cable or satellite television operator, programmer, producer,
Page 1, Line 9or streaming service.".
Page 1, Line 10Page 9, after line 24 insert:
Page 1, Line 11"(5) This part 15 does not apply to the provider of
Page 1, Line 12technology used in the creation of an intimate digital
Page 1, Line 13depiction.".
Page 1, Line 14Renumber succeeding subsections accordingly.
Page 1, Line 15Page 10, line 25, strike "(6)(a)(II)" and substitute "(8)(a)(II)".
Page 1, Line 16Page 11, line 1, strike "(6)" and substitute "(8)".
Page 1, Line 17Page 12, line 12, strike "(2)(j) and (3.5); and add (1.7)," and substitute
Page 1, Line 18"(1), (1.5), (2)(j), and (3.5); and add" and strike "(2)(f.5)," and substitute
Page 1, Line 19"(2)(e.3),".
Page 1, Line 20Page 12, strike lines 13 through 27.
Page 2, Line 1Page 13, strike lines 1 through 17 and substitute:
Page 2, Line 2"18-6-403. Sexual exploitation of a child - legislative
Page 2, Line 3declaration - definitions. (1) The general assembly hereby finds and
Page 2, Line 4declares: That the sexual exploitation of children constitutes a wrongful
Page 2, Line 5invasion of the child's right of privacy and results in social,
Page 2, Line 6developmental, and emotional injury to the child; that a child below the
Page 2, Line 7age of eighteen years is incapable of giving informed consent to the use
Page 2, Line 8of his or her the child's body for a sexual purpose or to the use of all
Page 2, Line 9or part of the child's image to create sexually exploitative
Page 2, Line 10material; and that to protect children from sexual exploitation it is
Page 2, Line 11necessary to prohibit the production of material which involves or is
Page 2, Line 12derived from such exploitation and to exclude all such material from the
Page 2, Line 13channels of trade and commerce.
Page 2, Line 14(1.5) The general assembly further finds and declares that the
Page 2, Line 15mere possession or control of any sexually exploitative material results in
Page 2, Line 16continuing victimization of our children by the fact that such material is
Page 2, Line 17a permanent record of an act or acts of sexual abuse of a child; that the
Page 2, Line 18creation or the mere possession or control of
Page 2, Line 19computer-generated material or digital depictions using all or
Page 2, Line 20part of the image of a child in sexually exploitative material
Page 2, Line 21results in the victimization of our children; that each time such
Page 2, Line 22material is shown or viewed, the child is harmed; that such material is
Page 2, Line 23used to break down the will and resistance of other children to encourage
Page 2, Line 24them to participate in similar acts of sexual abuse; that laws banning the
Page 2, Line 25production and distribution of such material are insufficient to halt this
Page 2, Line 26abuse; that in order to stop the sexual exploitation and abuse of our
Page 2, Line 27children, it is necessary for the state to ban the possession of any sexually
Page 2, Line 28exploitative materials; and that the state has a compelling interest in
Page 2, Line 29outlawing the possession of any sexually exploitative materials in order
Page 2, Line 30to protect society as a whole, and particularly the privacy, health, and
Page 2, Line 31emotional welfare of its children.".
Page 2, Line 32Page 13, strike lines 21 through 27.
Page 2, Line 33Page 14, strike lines 1 through 8 and substitute:
Page 2, Line 34"(e.3) "Identifiable child" means a person who:
Page 2, Line 35(I) Was under the age of eighteen at the time a realistic
Page 2, Line 36visual depiction of the person was created, produced, or altered
Page 2, Line 37or a person whose image is used to create or produce a realistic
Page 2, Line 38visual depiction or whose image is altered to be a realistic
Page 3, Line 1visual depiction, and who was under the age of eighteen at the
Page 3, Line 2time the image was captured; and
Page 3, Line 3(II) Is identifiable by virtue of the individual's face,
Page 3, Line 4likeness, or other distinguishing characteristic, including a
Page 3, Line 5unique birthmark or other recognizable feature.".
Page 3, Line 6Page 14, line 15, strike "whether" and substitute "which has been".
Page 3, Line 7Page 14, line 17, strike "that is indistinguishable from that of a
Page 3, Line 8child" and substitute "that depicts an identifiable child, in whole
Page 3, Line 9or in part,".
Page 3, Line 10Page 14, strike line 19 and substitute "conduct.".
Page 3, Line 11Page 15, strike lines 1 through 3 and substitute:
Page 3, Line 12"(9) A prosecution brought pursuant to this section does
Page 3, Line 13not require proof of the actual identity of an identifiable
Page 3, Line 14child.".
Page 3, Line 15Page 15, strike lines 23 and 24 and substitute:"(I) With the intent to
Page 3, Line 16harass, intimidate, or coerce the depicted person;".
Page 3, Line 17Page 16, strike lines 4 through 6 and substitute:
Page 3, Line 18"(IV) (A) With the intent to harass, intimidate, or coerce
Page 3, Line 19the depicted individual; or
Page 3, Line 20(B) When the actor knew or reasonably should have
Page 3, Line 21known that the depicted individual had a reasonable
Page 3, Line 22expectation that the private intimate image or intimate digital
Page 3, Line 23depiction would remain private; and
Page 3, Line 24(V) The disclosure or threat to disclose caused physical,
Page 3, Line 25emotional, or reputational harm to the depicted individual.".
Page 3, Line 26Page 16, strike lines 11 through 15 and substitute:
Page 3, Line 27"and the disclosure posed an imminent and serious threat to the
Page 3, Line 28depicted".
Page 3, Line 29Page 21, strike lines 17 through 20 and substitute:
Page 3, Line 30"(B) When the actor knew or reasonably should have known
Page 3, Line 31that: the depicted person had a reasonable expectation that the image
Page 4, Line 1would remain private.
Page 4, Line 2(A) The depicted individual had a reasonable expectation
Page 4, Line 3that the private intimate image or intimate digital depiction
Page 4, Line 4would remain private; and
Page 4, Line 5(B) The disclosure would cause financial harm to the
Page 4, Line 6depicted individual.".
Page 4, Line 7Page 21, strike lines 25 through 27.
Page 4, Line 8Page 22, strike lines 1 and 2 and substitute "and the disclosure posed
Page 4, Line 9an imminent and serious threat to the depicted".