Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0730.01 Conrad Imel x2313
SENATE BILL 24-011
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING MEASURES TO INCRE ASE PROTECTION FROM HARM101
CAUSED THROUGH THE USE OF TECHNOLOGY .102
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 requires an online dating service (service) to have a safety
policy that includes certain elements. It is a deceptive trade practice if a
service does not have a compliant safety policy. A safety policy must
include:
! Information about whether and under what circumstances
the service conducts background screenings of members
SENATE SPONSORSHIP
Winter F.,
HOUSE SPONSORSHIP
Duran and Willford,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. who use the service (members) and whether the service
excludes from membership individuals with past criminal
convictions;
! A definition of misconduct used by the online dating
service;
! A description of whether and when the service suspends a
member profile or bars a member from the service as a
result of reports of misconduct committed by the member;
! Guidelines for reporting misconduct committed by a
member to the service and information about how those
reports are shared with other members;
! A notice that engaging in sexual conduct with another
person without the other person's consent violates the
safety policy and criminal laws, and may result in criminal
or civil liability;
! Information about resources available for members who
experience misconduct committed by another member; and
! Measures taken by the platform that are reasonably
designed to promote safer online and in-person dating
experiences for members.
A service shall post its safety policy on the front page of its
website or mobile application, include the policy in its dating service
contract, and file its safety policy with the attorney general's office.
A service shall annually file a report with the attorney general's
office that includes information about reports of misconduct committed
by members that the service has received and actions taken by the service
against members who are the subject of those reports.
If a member who brings an enforcement action against a service
for the deceptive trade practice of not having an adequate safety policy
was injured by another member and a report against the other member
was filed with the service prior to the incident, the service is liable for the
amount of the member's actual damages or, if the service received more
than one report about the other member and fails to take timely remedial
action against the other member, 3 times the amount of the member's
actual damages.
The bill creates a civil cause of action for a person who was
tracked by means of a tracking device or tracking application to bring a
claim against the actor who installed a tracking device on the person's
property or who caused a tracking device or tracking application to track
the person or person's property without the person's consent.
Existing law prohibits posting a private image for harassment;
posting a private image for pecuniary gain; and posting, possession, or
exchange of a private image by a juvenile. The bill adds to those offenses
posting a computer generated or digitally altered sexual image that:
! Depicts an actual person engaging in speech or conduct
SB24-011
-2- that the person did not engage in and is so realistic that a
reasonable person would believe it depicts the actual
conduct of the depicted person;
! Was produced by technological means; and
! Realistically depicts the private intimate parts of another
person or artificially generated private intimate parts
presented as those of the depicted person or displays the
depicted person in a sexual act.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add 6-1-731.5 as2
follows:3
6-1-731.5. Online dating services - deceptive trade practice -4
policy required - report - definitions. (1) A
S USED IN THIS SECTION,5
UNLESS THE CONTEXT OTHERWISE REQUIRES :6
(a) "M
EMBER" HAS THE SAME MEANING SET FORTH IN SECTION7
6-1-731.8
(b) "O
NLINE DATING SERVICE" HAS THE SAME MEANING SET FORTH9
IN SECTION 6-1-731.10
(c) "O
NLINE DATING SERVICE CONTRACT" HAS THE SAME MEANING11
SET FORTH IN SECTION 6-1-731.12
(d) "R
EMEDIAL ACTION" MEANS SUSPENDING THE MEMBER 'S13
PROFILE FROM THE SERVICE, BARRING THE MEMBER FROM THE SERVICE, OR14
PROVIDING ACTUAL NOTICE THAT IT RECEIVED A REPORT OF MISCONDUCT15
TO OTHER MEMBERS WHO HAVE HAD CONTACT ON THE SERVICE WITH THE16
MEMBER WHO WAS THE SUBJECT OF THE REPORTS .17
(e) "S
AFETY POLICY" MEANS AN ONLINE DATING SERVICE'S SAFETY18
POLICY REQUIRED IN SUBSECTION (2) OF THIS SECTION.19
(2) N
O LATER THAN NOVEMBER 1, 2024, AN ONLINE DATING20
SERVICE SHALL ADOPT A SAFETY POLICY THAT COMPLIES WITH THIS21
SB24-011-3- SUBSECTION (2). THE ONLINE DATING SERVICE SHALL MAKE THE SAFETY1
POLICY EFFECTIVE ON OR BEFORE JANUARY 1, 2025. THE SAFETY POLICY2
MUST INCLUDE THE FOLLOWING :3
(a) A
STATEMENT OF WHETHER AND UNDER WHAT CIRCUMSTANCES4
THE ONLINE DATING SERVICE CONDUCTS A CRIMINAL BACKGROUND5
SCREENING OF MEMBERS AND WHETHER THE ONLINE DATING SERVICE6
EXCLUDES AS A MEMBER A PERSON WHO HAS A CRIMINAL CONVICTION7
AND, IF SO, WHICH CRIMINAL CONVICTIONS RESULT IN EXCLUSION ;8
(b) A
DEFINITION OF MISCONDUCT USED BY THE ONLINE DATING9
SERVICE, WHICH MUST INCLUDE ENGAGING IN SEXUAL CONDUCT WITH10
ANOTHER PERSON WITHOUT THE OTHER PERSON 'S CONSENT;11
(c) A
DESCRIPTION OF WHETHER AND WHEN THE ONLINE DATING12
SERVICE SUSPENDS A MEMBER'S PROFILE FROM THE SERVICE AS A RESULT13
OF REPORTS OF MISCONDUCT COMMITTED BY THE MEMBER RECEIVED BY14
THE ONLINE DATING SERVICE AND THE CIRCUMSTANCES UNDER WHICH THE15
ONLINE DATING SERVICE BARS A MEMBER FROM THE ONLINE DATING16
SERVICE AS A RESULT OF RECEIVED REPORTS ;17
(d) A
DESCRIPTION OF WHETHER AND WHEN THE ONLINE DATING18
SERVICE, AFTER RECEIVING A REPORT OF MISCONDUCT COMMITTED BY A19
MEMBER, PROVIDES ACTUAL NOTICE THAT IT RECEIVED THE REPORT TO20
OTHER MEMBERS WHO HAVE HAD CONTACT WITH THE MEMBER WHO WAS21
THE SUBJECT OF THE REPORT AND , IF SO, THE TYPES OF CONDUCT THAT22
RESULT IN PROVIDING A NOTICE OF MISCONDUCT AND THE PROCESS FOR23
PROVIDING THE NOTICE;24
(e) C
LEAR GUIDELINES FOR REPORTING TO THE ONLINE DATING25
SERVICE MISCONDUCT COMMITTED BY A MEMBER AGAINST ANOTHER26
MEMBER. THE GUIDELINES MUST BE REASONABLY DESIGNED TO REDUCE27
SB24-011
-4- THE USE OF REPORTING FOR THE PURPOSES OF BIAS , HARASSMENT,1
THREATS, OR INTIMIDATION.2
(f) A
NOTICE THAT ENGAGING IN SEXUAL CONDUCT WITH ANOTHER3
PERSON WITHOUT THE OTHER PERSON 'S CONSENT VIOLATES THE SAFETY4
POLICY, IS AGAINST THE LAW, AND MAY RESULT IN CRIMINAL OR CIVIL5
LIABILITY;6
(g) I
NFORMATION ABOUT RESOURCES AVAILABLE FOR MEMBERS7
WHO EXPERIENCE MISCONDUCT COMMITTED BY ANOTHER MEMBER ; AND8
(h) A
LIST OF SAFETY MEASURES TAKEN BY THE PLATFORM THAT9
ARE REASONABLY DESIGNED TO PROMOTE SAFER ONLINE AND IN -PERSON10
DATING EXPERIENCES FOR MEMBERS .11
(3) A
N ONLINE DATING SERVICE SHALL POST A LINK TO THE12
SERVICE'S SAFETY POLICY TO MEMBERS ON THE FRONT PAGE OF ITS13
WEBSITE AND ON ITS MOBILE APPLICATION, IF APPLICABLE, AND INCLUDE14
THE SAFETY POLICY IN A DATING SERVICE CONTRACT DESCRIBED IN15
SECTION 6-1-731.16
(4) (a) A
N ONLINE DATING SERVICE SHALL FILE ITS SAFETY POLICY17
WITH THE ATTORNEY GENERAL 'S OFFICE WITHIN FIFTEEN DAYS AFTER18
ENACTING THE SAFETY POLICY. IF AN ONLINE DATING SERVICE UPDATES19
ITS SAFETY POLICY, IT SHALL FILE THE UPDATED SAFETY POLICY WITH THE20
ATTORNEY GENERAL'S OFFICE WITHIN SEVEN DAYS AFTER UPDATING THE21
POLICY.22
(b) O
N OR BEFORE JANUARY 31, 2026, AND ON OR BEFORE23
J
ANUARY 31 OF EACH YEAR THEREAFTER , AN ONLINE DATING SERVICE24
SHALL SUBMIT AN ANNUAL REPORT TO THE ATTORNEY GENERAL 'S OFFICE25
THAT INCLUDES THE FOLLOWING INFORMATION FOR THE PRIOR YEAR :26
(I) T
HE NUMBER OF REPORTS , AGGREGATED BY THE TYPE OF27
SB24-011
-5- REPORTED MISCONDUCT , THE ONLINE DATING SERVICE HAS RECEIVED1
ABOUT MISCONDUCT COMMITTED BY A MEMBER , THAT THE SERVICE HAS2
RESPONDED TO, AND THAT THE SERVICE FOUND CREDIBLE ;3
(II) T
HE NUMBER OF MEMBER PROFILES THE ONLINE DATING4
SERVICE SUSPENDED AND THE TYPE OF REPORTED MISCONDUCT THAT5
RESULTED IN THE SUSPENSION; AND6
(III) T
HE NUMBER OF MEMBERS THE ONLINE DATING SERVICE7
BARRED BECAUSE OF MISCONDUCT AND THE TYPE OF REPORTED8
MISCONDUCT THAT RESULTED IN THE MEMBER BEING BARRED .9
(5) T
HE ATTORNEY GENERAL'S OFFICE SHALL POST ON A PUBLIC10
PAGE OF ITS WEBSITE A LINK TO EACH SAFETY POLICY AND EACH ANNUAL11
REPORT FILED WITH THE OFFICE PURSUANT TO SUBSECTION (4) OF THIS12
SECTION BY EACH ONLINE DATING SERVICE .13
(6) N
OTWITHSTANDING THE DAMAGE AWARDS SET FORTH IN14
SECTION 6-1-113, IF A MEMBER WHO BRINGS AN ACTION PURSUANT TO15
SECTION 6-1-113 WAS INJURED BY ANOTHER MEMBER AND A MISCONDUCT16
REPORT AGAINST THE OTHER MEMBER WAS FILED WITH THE ONLINE17
DATING SERVICE PRIOR TO THE INCIDENT, THE ONLINE DATING SERVICE IS18
LIABLE FOR:19
(a) T
HE FULL AMOUNT OF THE MEMBER 'S ACTUAL DAMAGES20
RESULTING FROM THE INCIDENT; OR21
(b) I
F THE ONLINE DATING SERVICE RECEIVED MORE THAN ONE22
REPORT ABOUT THE OTHER MEMBER PRIOR TO THE INCIDENT AND THE23
ONLINE DATING SERVICE FAILED TO TAKE TIMELY REMEDIAL ACTION24
AGAINST THE OTHER MEMBER UPON RECEIVING A SECOND OR SUBSEQUENT25
REPORT OF MISCONDUCT ABOUT A MEMBER , THREE TIMES THE AMOUNT OF26
THE MEMBER'S ACTUAL DAMAGES RESULTING FROM THE INCIDENT .27
SB24-011
-6- SECTION 2. In Colorado Revised Statutes, 6-1-105, amend1
(1)(cccc) and (1)(dddd); and add (1)(eeee) as follows:2
6-1-105. Unfair or deceptive trade practices. (1) A person3
engages in a deceptive trade practice when, in the course of the person's4
business, vocation, or occupation, the person:5
(cccc) Sells or offers for sale a product that is age-restricted to a6
person who does not meet the age restriction; or7
(dddd) Fails to register a mobile home park in violation of section8
38-12-1106;
OR9
(eeee) V
IOLATES SECTION 6-1-731.5.10
SECTION 3. In Colorado Revised Statutes, 6-1-113, add (2.6)11
as follows:12
6-1-113. Civil actions - damages - other relief - class actions.13
(2.6) N
OTWITHSTANDING SUBSECTION (2) OF THIS SECTION, IN THE CASE14
OF A VIOLATION OF SECTION 6-1-731.5, A PERSON DESCRIBED IN SECTION15
6-1-731.5
(6) IS ENTITLED TO DAMAGES AS DESCRIBED IN SECTION16
6-1-731.5
(6).17
SECTION 4. In Colorado Revised Statutes, add part 13 to article18
20 of title 13 as follows:19
PART 1320
MISCELLANEOUS ACTIONS21
13-20-1301. Actions for tracking a person without consent -22
definitions. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT23
OTHERWISE REQUIRES:24
(a) "A
CTOR" MEANS A PERSON WHO TRACKS ANOTHER PERSON25
THROUGH THE USE OF A TRACKING APPLICATION OR TRACKING DEVICE .26
(b) "T
RACKING APPLICATION" MEANS ANY SOFTWARE PROGRAM27
SB24-011
-7- THAT PERMITS AN ACTOR TO REMOTELY DETERMINE OR TRACK THE1
POSITION OR MOVEMENT OF ANOTHER PERSON OR ANOTHER PERSON 'S2
PROPERTY.3
(c) "T
RACKING DEVICE" MEANS AN ELECTRONIC OR MECHANICAL4
DEVICE THAT PERMITS AN ACTOR TO REMOTELY DETERMINE OR TRACK THE5
POSITION OR MOVEMENT OF ANOTHER PERSON OR ANOTHER PERSON 'S6
PERSONAL PROPERTY.7
(2) (a) A
PERSON WHO WAS TRACKED BY MEANS OF A TRACKING8
DEVICE OR TRACKING APPLICATION MAY BRING A CLAIM FOR DAMAGES ,9
INCLUDING NONECONOMIC LOSS OR INJURY , AGAINST THE ACTOR WHO10
INSTALLED A TRACKING DEVICE ON THE PERSON 'S PERSONAL PROPERTY11
WITHOUT THE PERSON'S CONSENT OR WHO CAUSED A TRACKING DEVICE OR12
TRACKING APPLICATION TO TRACK THE POSITION OR MOVEMENT OF THE13
PERSON OR PERSON'S PERSONAL PROPERTY WITHOUT THE PERSON 'S14
CONSENT.15
(b) A
PERSON WHO HAS GIVEN CONSENT FOR AN ACTOR TO INSTALL16
A TRACKING DEVICE OR TRACKING APPLICATION ON THE CONSENTING17
PERSON'S PERSONAL PROPERTY MAY REVOKE THE CONSENT AT ANY TIME18
AND MAY BRING A CLAIM PURSUANT TO THIS SECTION FOR TRACKING THAT19
OCCURRED AFTER THE PERSON REVOKED CONSENT .20
(3) N
OTWITHSTANDING SUBSECTION (2) OF THIS SECTION, A21
PERSON SHALL NOT BRING A CLAIM AGAINST A LAW ENFORCEMENT22
AGENCY OR PEACE OFFICER FOR ACTIONS TAKEN AS PART OF A CRIMINAL23
INVESTIGATION OR A PEACE OFFICER ACTING WITHIN THE SCOPE OF THE24
PEACE OFFICER'S OFFICIAL DUTIES.25
SECTION 5. In Colorado Revised Statutes, 18-7-101, amend (1);26
and add (1.3) as follows:27
SB24-011
-8- 18-7-101. Definitions. As used in this part 1, unless the context1
otherwise requires:2
(1) "Material" means anything tangible that is capable of being3
used or adapted to arouse interest, whether through the medium of4
reading, observation, sound, or in any other manner, but does not include5
an actual three-dimensional obscene device. "COMPUTER GENERATED OR6
DIGITALLY ALTERED SEXUAL IMAGE " MEANS A PHOTOGRAPH , FILM,7
VIDEOTAPE, RECORDING, DIGITAL FILE, OR OTHER REPRODUCTION THAT :8
(a) D
EPICTS AN ACTUAL PERSON WHO APPEARS TO BE ENGAGING9
IN SPEECH OR CONDUCT IN WHICH THE PERSON DID NOT ENGAGE AND IS SO10
REALISTIC THAT A REASONABLE PERSON WOULD BELIEVE IT DEPICTS THE11
ACTUAL SPEECH OR CONDUCT OF THE DEPICTED PERSON ;12
(b) W
AS SUBSTANTIALLY DEPENDENT UPON PRODUCTION BY13
TECHNICAL MEANS, RATHER THAN THE ABILITY OF ANOTHER PERSON TO14
PHYSICALLY OR VERBALLY IMPERSONATE THE DEPICTED PERSON ; AND15
(c) R
EALISTICALLY DEPICTS THE PRIVATE INTIMATE PARTS OF16
ANOTHER PERSON AS THE PRIVATE INTIMATE PARTS OF THE DEPICTED17
PERSON, ARTIFICIALLY GENERATED PRIVATE INTIMATE PARTS AS THE18
PRIVATE INTIMATE PARTS OF THE DEPICTED PERSON , OR SEXUAL ACTS OF19
THE DEPICTED PERSON.20
(1.3) "M
ATERIAL" MEANS ANYTHING TANGIBLE THAT IS CAPABLE21
OF BEING USED OR ADAPTED TO AROUSE INTEREST , WHETHER THROUGH22
THE MEDIUM OF READING , OBSERVATION, SOUND, OR IN ANY OTHER23
MANNER, BUT DOES NOT INCLUDE AN ACTUAL THREE -DIMENSIONAL24
OBSCENE DEVICE.25
SECTION 6. In Colorado Revised Statutes, 18-7-107, amend26
(1)(a) introductory portion as follows:27
SB24-011
-9- 18-7-107. Posting a private image for harassment - definitions.1
(1) (a) An actor who is eighteen years of age or older commits the2
offense of posting a private image for harassment if he or she THE ACTOR3
posts or distributes through the use of social media or any website any4
photograph, video, or other image displaying the private intimate parts of5
an identified or identifiable person eighteen years of age or older, or an6
image displaying sexual acts of an identified or identifiable person,
OR A7
COMPUTER GENERATED OR DIGITALLY ALTERED SEXUAL IMAGE :8
SECTION 7. In Colorado Revised Statutes, 18-7-108, amend9
(1)(a) introductory portion as follows:10
18-7-108. Posting a private image for pecuniary gain -11
definitions. (1) (a) An actor who is eighteen years of age or older12
commits the offense of posting a private image for pecuniary gain if he
13
or she THE ACTOR posts or distributes through social media or any website14
any photograph, video, or other image displaying the private intimate15
parts of an identified or identifiable person eighteen years of age or older,16
or an image displaying sexual acts of an identified or identifiable person,17
OR A COMPUTER GENERATED OR DIGITALLY ALTERED SEXUAL IMAGE :18
SECTION 8. In Colorado Revised Statutes, 18-7-109, amend (8)19
introductory portion and (8)(b) as follows:20
18-7-109. Posting, possession, or exchange of a private image21
by a juvenile - definitions - penalties. (8) As used in this section,22
UNLESS THE CONTEXT OTHERWISE REQUIRES :23
(b) "Sexually explicit image" means any electronic or digital24
photograph, video, or video depiction of the external genitalia or25
perineum or anus or buttocks or pubes of any person or the breast of a26
female person. "S
EXUALLY EXPLICIT IMAGE" INCLUDES A COMPUTER27
SB24-011
-10- GENERATED OR DIGITALLY ALTERED SEXUAL IMAGE , AS DEFINED IN1
SECTION 18-7-101.2
SECTION 9. Act subject to petition - effective date -3
applicability. (1) This act takes effect at 12:01 a.m. on the day following4
the expiration of the ninety-day period after final adjournment of the5
general assembly; except that, if a referendum petition is filed pursuant6
to section 1 (3) of article V of the state constitution against this act or an7
item, section, or part of this act within such period, then the act, item,8
section, or part will not take effect unless approved by the people at the9
general election to be held in November 2024 and, in such case, will take10
effect on the date of the official declaration of the vote thereon by the11
governor.12
(2) This act applies to offenses committed and claims filed on or13
after the applicable effective date of this act.14
SB24-011
-11-