Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
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
Amended 2nd Reading
March 20, 2024
SENATE SPONSORSHIP
Winter F. and Cutter,
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
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. Legislative declaration. (1) The general assembly
2
finds and declares that:3
(a) Three in ten adults, including half of 18- to 29-year-olds, in4
the United States have used a dating site or app;5
(b) 31% of women on dating apps surveyed had been sexually6
assaulted or raped by someone they met through a dating app;7
(c) Three in four users experienced dating app-facilitated sexual8
violence, with the highest rates among LGBTQIA users;9
(d) It is relatively easy for minors to create profiles and use dating10
apps, because most apps do not verify the identity or age of the account11
holder;12
(e) Predators have repeatedly used dating app platforms for serial13
criminal enterprises for financial fraud, as well as stalking, homicide, and14
rape;15
(f) Colorado is in the top five most dangerous states for online16
dating;17
(g) The small size and inexpensive nature of available tracking18
devices enable tracking devices to increasingly be used to track people19
and their property without consent;20
(h) From 2019 to 2023, there was a 550% increase in sexual21
011-3- deepfakes published online;1
(i) Intimate image abuse, including images that are digitally2
created or altered, affects survivors' mental health, including a high risk3
of suicide, and may negatively impact survivors' employment prospects,4
academic success, and physical well-being; and5
(j) The risks and reality of technology-facilitated crimes impacts6
the public and is a matter of statewide public safety and concern.7
(2) Therefore, in order to improve the public health, safety, and8
welfare of Coloradans, it is necessary to ensure that:9
(a) Each online dating service develops thoughtful and transparent10
safety policies that are posted in a conspicuous place on the service's11
website or app for users;12
(b) Online dating services take prompt remedial action for13
misconduct carried out through dating sites or apps;14
(c) Data regarding the frequency of reported misconduct and the15
responses of dating sites or apps is tracked and available to consumers;16
(d) An online dating service can be held accountable when it fails17
to act on reports of misconduct or criminal attacks;18
(e) Consent is required for tracking a person or another's property;19
and20
(f) Existing intimate image abuse laws include deepfakes and21
digitally altered images.22
SECTION 2. In Colorado Revised Statutes, add 6-1-731.5 as23
follows:24
6-1-731.5. Online dating services - deceptive trade practice -25
policy required - report - rules - definitions. (1) A S USED IN THIS26
SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :27
011
-4- (a) "HARASS" OR "HARASSMENT" MEANS TO ENGAGE IN, OR THE1
ACT OF ENGAGING IN, ANY UNWELCOME PHYSICAL OR VERBAL CONDUCT2
OR ANY WRITTEN, PICTORIAL, OR VISUAL COMMUNICATION DIRECTED AT3
A MEMBER, WHICH CONDUCT OR COMMUNICATION IS SUBJECTIVELY4
OFFENSIVE TO THE MEMBER ALLEGING HARASSMENT AND IS OBJECTIVELY5
OFFENSIVE TO A REASONABLE MEMBER .6
(b) "MEMBER" AND "MEMBER IN THIS STATE" HAVE THE SAME7
MEANING SET FORTH IN SECTION 6-1-731.8
(c) "M
ISCONDUCT THAT THREATENS PUBLIC OR PERS ONAL SAFETY "
9
MEANS AN ACT, THREATENED ACT, OR ATTEMPTED ACT OF HOMICIDE ,10
UNLAWFUL SEXUAL BEHAVIOR , ASSAULT, KIDNAPPING, STALKING,11
HARASSMENT, INVOLUNTARY INTOXICATION , ROBBERY, THEFT, OR ANY12
OTHER CONDUCT THAT THREATENS PUBLIC OR ANOTHER PERSON 'S SAFETY.13
(d) "ONLINE DATING SERVICE" HAS THE SAME MEANING SET FORTH14
IN SECTION 6-1-731.15
(e) "ONLINE DATING SERVICE CONTRACT" HAS THE SAME MEANING16
SET FORTH IN SECTION 6-1-731.17
(f) "REMEDIAL ACTION" MEANS SUSPENDING THE MEMBER 'S18
PROFILE FROM THE SERVICE, BARRING THE MEMBER FROM THE SERVICE , OR19
PROVIDING ACTUAL NOTICE THAT IT RECEIVED A REPORT OF PROHIBITED20
CONTENT AND CONDUCT TO OTHER MEMBERS WHO HAVE HAD CONTACT ON21
THE SERVICE WITH THE MEMBER WHO WAS THE SUBJECT OF THE REPORTS .22
(g) "SAFETY POLICY" MEANS AN ONLINE DATING SERVICE'S SAFETY23
POLICY REQUIRED IN SUBSECTION (2) OF THIS SECTION.24
(2) A
N
ONLINE DATING SERVICE SHALL ADOPT A SAFETY POLICY25
THAT COMPLIES WITH THIS SUBSECTION (2). AN ONLINE DATING SERVICE26
THAT HAS A MEMBER LOCATED IN THIS STATE ON THE EFFECTIVE DATE OF27
011
-5- THIS SECTION SHALL MAKE THE SAFETY POLICY EFFECTIVE ON OR BEFORE1
J
ANUARY 1, 2025. AN ONLINE DATING SERVICE THAT REGISTERS ITS FIRST
2
MEMBER IN THIS STATE AFTER THE EFFECTIVE DATE OF THIS SECTION3
SHALL MAKE THE SAFETY POLICY EFFECTIVE ONE YEAR AFTER IT4
REGISTERS ITS FIRST MEMBER IN THIS STATE. THE SAFETY POLICY MUST5
INCLUDE THE FOLLOWING:6
(a) A
DESCRIPTION OF PROHIBITED CONTENT AND CONDUCT USED
7
BY THE ONLINE DATING SERVICE , WHICH MUST INCLUDE MISCONDUCT8
THAT THREATENS PUBLIC OR PERSONAL SAFETY .9
(b) A STATEMENT OF WHETHER AND UNDER WHAT10
CIRCUMSTANCES THE ONLINE DATING SERVICE CONDUCTS A CRIMINAL11
BACKGROUND SCREENING OF MEMBERS AND WHETHER THE ONLINE12
DATING SERVICE EXCLUDES AS A MEMBER A PERSON WHO IS FOUND TO13
HAVE A CRIMINAL CONVICTION AND, IF SO, WHICH TYPES OF CRIMINAL14
CONVICTIONS RESULT IN EXCLUSION;15
(c) A
DESCRIPTION OF WHETHER AND WHEN THE ONLINE DATING
16
SERVICE VERIFIES A MEMBER'S IDENTITY OR THAT THE MEMBER IS AT17
LEAST EIGHTEEN YEARS OF AGE;18
(d) A DESCRIPTION OF WHETHER AND WHEN THE ONLINE DATING19
SERVICE SUSPENDS A MEMBER'S PROFILE FROM THE SERVICE AS A RESULT20
OF REPORTS OF PROHIBITED CONTENT AND CONDUCT COMMITTED BY THE21
MEMBER RECEIVED BY THE ONLINE DATING SERVICE AND THE22
CIRCUMSTANCES UNDER WHICH THE ONLINE DATING SERVICE BARS A23
MEMBER FROM THE ONLINE DATING SERVICE AS A RESULT OF RECEIVED24
REPORTS;25
(e) A
DESCRIPTION OF WHETHER THE ONLINE DATING SERVICE
26
PERMITS A MEMBER WHO WAS SUSPENDED OR BARRED AS A RESULT OF27
011
-6- REPORTS OF PROHIBITED CONTENT AND CONDUCT COMMITTED BY THE1
MEMBER TO APPEAL THE ADVERSE ACTION AND , IF THE ONLINE DATING2
SERVICE PERMITS AN APPEAL, THE APPEAL PROCESS;3
(f) A DESCRIPTION OF WHETHER AND WHEN THE ONLINE DATING4
SERVICE, AFTER RECEIVING A REPORT OF PROHIBITED CONTENT AND5
CONDUCT COMMITTED BY A MEMBER, PROVIDES ACTUAL NOTICE THAT IT6
RECEIVED THE REPORT TO OTHER MEMBERS WHO HAVE HAD CONTACT7
WITH THE MEMBER WHO WAS THE SUBJECT OF THE REPORT AND , IF SO, THE8
TYPES OF CONTENT AND CONDUCT THAT RESULT IN PROVIDING A NOTICE9
AND THE PROCESS FOR PROVIDING THE NOTICE ;10
(g) CLEAR GUIDELINES FOR REPORTING TO THE ONLINE DATING11
SERVICE PROHIBITED CONTENT AND CONDUCT COMMITTED BY A MEMBER12
AGAINST ANOTHER MEMBER . THE GUIDELINES MUST WARN MEMBERS NOT13
TO SUBMIT FALSE REPORTS OR REPORT FOR MALICIOUS , BIASED, OR OTHER14
ILLEGITIMATE REASONS. 15
(h) A NOTICE THAT ENGAGING IN SEXUAL CONDUCT WITH ANOTHER16
PERSON WITHOUT THE OTHER PERSON 'S CONSENT VIOLATES THE SAFETY17
POLICY, IS AGAINST THE LAW, AND MAY RESULT IN CRIMINAL OR CIVIL18
LIABILITY;19
(i) INFORMATION ABOUT RESOURCES AVAILABLE FOR MEMBERS IN20
C
OLORADO WHO EXPERIENCE SEXUAL ASSAULT , DOMESTIC VIOLENCE, AND
21
OTHER CRIMES; AND22
(j) A LIST OF SAFETY MEASURES TAKEN BY THE PLATFORM THAT23
ARE REASONABLY DESIGNED TO PROMOTE SAFER ONLINE AND IN -PERSON24
DATING EXPERIENCES FOR MEMBERS .25
(3) A
N ONLINE DATING SERVICE SHALL POST A CLEAR AND
26
CONSPICUOUS LINK TO THE SERVICE'S SAFETY POLICY ON THE MAIN PAGE27
011
-7- OF ITS WEBSITE AND ON THE S ETTINGS , OR A SIMILAR SCREEN, OF ITS1
MOBILE APPLICATION, IF APPLICABLE, AND INCLUDE A LINK TO THE SAFETY2
POLICY IN A DATING SERVICE CONTRACT DESCRIBED IN SECTION 6-1-731.3
T
HE TEXT OF EACH LINK MUST EXPLICITLY INFORM A COLORADO MEMBER
4
THAT THE LINK NAVIGATES THE MEMBER TO THE ONLINE DATING SERVICE 'S5
SAFETY POLICY.6
(4) (a) A
N ONLINE DATING SERVICE SHALL SUBMIT THE URL FOR
7
ITS SAFETY POLICY POSTED ON ITS WEBSITE TO THE ATTORNEY GENERAL 'S8
OFFICE WITHIN FIFTEEN DAYS AFTER ENACTING THE SAFETY POLICY . IF AN9
ONLINE DATING SERVICE UPDATES THE URL FOR ITS SAFETY POLICY, IT10
SHALL SUBMIT THE UPDATED URL TO THE ATTORNEY GENERAL'S OFFICE11
WITHIN SEVEN DAYS AFTER UPDATING THE URL.12
(b) O
N OR BEFORE JANUARY 31, 2026, AND ON OR BEFORE
13
J
ANUARY 31 OF EACH YEAR THEREAFTER , AN ONLINE DATING SERVICE
14
SHALL SUBMIT AN ANNUAL REPORT TO THE ATTORNEY GENERAL 'S OFFICE15
CONCERNING MEMBER SAFETY AND THE ONLINE DATING SERVICE 'S16
COMPLIANCE WITH THIS SECTION . THE REPORT MUST INCLUDE THE17
INFORMATION REQUIRED BY THE RULES PROMULGATED PURSUANT TO THIS18
SECTION.19
(c) T
HE REPORT REQUIRED PURSUANT TO SUBSECTION (4)(b) OF
20
THIS SECTION IS ONLY REQUIRED TO INCLUDE INFORMATION ABOUT A21
MEMBER LOCATED IN, OR REPORTS MADE BY A MEMBER LOCATED IN ,22
C
OLORADO, IF THAT INFORMATION IS AVAILABLE. IF THAT INFORMATION
23
IS NOT AVAILABLE, THE REPORT MUST INCLUDE INFORMATION FROM THE24
ENTIRE UNITED STATES.25
(4.5) T
HE ATTORNEY GENERAL MAY PROMULGATE RULES TO
26
CARRY OUT THIS SECTION. THE RULES MAY INCLUDE THE PROCESS FOR AN27
011
-8- ONLINE DATING SERVICE TO SUBMIT TO THE ATTORNEY GENERAL 'S OFFICE1
THE URL FOR ITS SAFETY POLICY. 2
(5) T
HE ATTORNEY GENERAL 'S OFFICE SHALL POST ON A PUBLIC3
PAGE OF ITS WEBSITE A LINK TO EACH SAFETY POLICY AND EACH ANNUAL4
REPORT FILED WITH THE OFFICE PURSUANT TO SUBSECTION (4) OF THIS5
SECTION BY EACH ONLINE DATING SERVICE .6
(6)
PRIOR TO COMMENCING AN ENFORCEMENT ACTION PURSUANT
7
TO THIS ARTICLE 1 AGAINST AN ONLINE DATING SERVICE THAT REGISTERS8
ITS FIRST MEMBER IN THIS STATE AFTER THE EFFECTIVE DATE OF THIS9
SECTION FOR THE SERVICE'S FIRST VIOLATION OF THIS SECTION , THE10
ATTORNEY GENERAL OR A DISTRICT ATTORNEY MUST ISSUE A NOTICE OF11
VIOLATION TO THE ONLINE DATING SERVICE IF THE ATTORNEY GENERAL OR12
DISTRICT ATTORNEY DETERMINES THAT IT IS POSSIBLE FOR THE ONLINE13
DATING SERVICE TO CURE THE VIOLATION. IF THE ONLINE DATING SERVICE14
FAILS TO CURE THE VIOLATION WITHIN THIRTY DAYS OF RECEIVING THE15
NOTICE OF VIOLATION, THE ATTORNEY GENERAL OR DISTRICT ATTORNEY16
MAY BRING AN ENFORCEMENT ACTION PURSUANT TO THIS ARTICLE 1.17
(7) (a) N
OTHING IN THIS SECTION ALTERS THE SCOPE OF THE
18
FEDERAL "COMMUNICATIONS DECENCY ACT OF 1996", 47 U.S.C. SEC.19
230.20
(b) N
OTHING IN THIS SECTION LIMITS ANY RIGHTS OR REMEDIES OF
21
AN INJURED PARTY THAT ARE AVAILABLE UNDER COLORADO LAW NOR22
REMOVES ANY REMEDIES AVAILABLE TO AN INJURED PERSON PRIOR TO THE23
EFFECTIVE DATE OF THIS SECTION.24
(c) A
N ONLINE DATING SERVICE IS NOT LIABLE TO A BARRED OR
25
SUSPENDED MEMBER FOR TAKING , IN GOOD FAITH, REMEDIAL ACTION IN26
ACCORDANCE WITH ITS MEMBERSHIP AGREEMENT AGAINST A MEMBER FOR27
011
-9- VIOLATING THE SERVICE'S SAFETY POLICY.1
SECTION 3. In Colorado Revised Statutes, add 6-1-735 as2
follows:3
6-1-735. Social media companies - unfair trade practice -4
complying with company policies regarding computer generated5
sexual images - definitions. (1) A
S USED IN THIS SECTION, UNLESS THE
6
CONTEXT OTHERWISE REQUIRES :7
(a) "C
OMPUTER GENERATED OR DIGITALLY ALTERED SEXUAL
8
IMAGE" MEANS A PHOTOGRAPH, FILM, VIDEOTAPE, RECORDING, DIGITAL9
FILE, OR OTHER REPRODUCTION THAT :10
(I) D
EPICTS AN ACTUAL PERSON WHO APPEARS TO BE ENGAGING IN
11
SPEECH OR CONDUCT IN WHICH THE PERSON DID NOT ENGAGE AND IS SO12
REALISTIC THAT A REASONABLE PERSON WOULD BELIEVE IT DEPICTS THE13
ACTUAL SPEECH OR CONDUCT OF THE DEPICTED PERSON ;14
(II) W
AS SUBSTANTIALLY DEPENDENT UPON PRODUCTION BY
15
TECHNICAL MEANS, RATHER THAN THE ABILITY OF ANOTHER PERSON TO16
PHYSICALLY OR VERBALLY IMPERSONATE THE DEPICTED PERSON ; AND17
(III) R
EALISTICALLY DEPICTS THE PRIVATE INTIMATE PARTS OR
18
SEXUAL ACTS OF ANOTHER PERSON AS THE PRIVATE INTIMATE PARTS OR19
SEXUAL ACTS OF THE DEPICTED PERSON OR ARTIFICIALLY GENERATED20
PRIVATE INTIMATE PARTS OR SEXUAL ACTS AS THE PRIVATE INTIMATE21
PARTS OR SEXUAL ACTS OF THE DEPICTED PERSON .22
(b) "R
EMEDIAL ACTION" MEANS SUSPENDING A USER'S ACCOUNT
23
FROM A SOCIAL MEDIA PLATFORM OR BARRING A USER FROM A PLATFORM .24
(c) "S
OCIAL MEDIA COMPANY" OR "COMPANY" MEANS A PERSON
25
THAT OWNS OR OPERATES ONE OR MORE SOCIAL MEDIA PLATFORMS .26
(d) "S
OCIAL MEDIA PLATFORM " MEANS AN INTERNET -BASED
27
011
-10- SERVICE OR APPLICATION THAT HAS USERS IN COLORADO AND MEETS1
BOTH OF THE FOLLOWING CRITERIA:2
(I) A
SUBSTANTIAL FUNCTION OF THE SERVICE OR APPLICATION IS
3
TO ALLOW USERS TO INTERACT SOCIALLY WITH EACH OTHER WITHIN THE4
SERVICE OR APPLICATION; AND5
(II) T
HE SERVICE OR APPLICATION ALLOWS A USER TO :
6
(A) B
ECOME A REGISTERED USER, ESTABLISH AN ACCOUNT, OR
7
CONSTRUCT A PUBLIC OR SEMI-PUBLIC PROFILE FOR PURPOSES OF SIGNING8
INTO AND USING THE SERVICE OR APPLICATION ; AND9
(B) C
REATE OR POST CONTENT THAT IS VIEWABLE BY OTHER
10
USERS.11
(e) "U
SER" MEANS ANY PERSON WHO CAN VIEW CONTENT ON A
12
SOCIAL MEDIA PLATFORM , REGARDLESS OF WHETHER THE PLATFORM13
CHARGES A FEE TO VIEW CONTENT OR PARTICIPATE ON THE PLATFORM AND14
REGARDLESS OF WHETHER THE PERSON HAS AN ACCOUNT OR OTHERWISE15
REGISTERS WITH THE PLATFORM.16
(2) (a) A
SOCIAL MEDIA COMPANY SHALL PROHIBIT POSTING A
17
COMPUTER GENERATED OR DIGITALLY ALTERED SEXUAL IMAGE ON ITS18
SOCIAL MEDIA PLATFORM WITHOUT THE CONSENT OF THE PERSON19
DEPICTED IN THE IMAGE.20
(b) A
SOCIAL MEDIA COMPANY SHALL HAVE A POLICY THAT
21
INCLUDES A PROCESS FOR A USER TO FLAG CONTENT OR OTHER USERS22
THAT THE USER BELIEVES VIOLATE THE PROHIBITION ON POSTING A23
COMPUTER GENERATED OR DIGITALLY ALTERED SEXUAL IMAGE AND24
STANDARDS FOR TAKING REMEDIAL ACTION AGAINST A USER WHO POSTS25
A COMPUTER GENERATED OR DIGITALLY ALTERED SEXUAL IMAGE ON THE26
COMPANY'S SOCIAL MEDIA PLATFORM.27
011
-11- (3) FOR THE PURPOSES OF SECTION 6-1-113 (1)(a), IF A SOCIAL1
MEDIA COMPANY RECEIVED A REPORT THAT A USER POSTED A COMPUTER2
GENERATED OR DIGITALLY ALTERED SEXUAL IMAGE ON ITS SOCIAL MEDIA3
PLATFORM AND THE SOCIAL MEDIA COMP ANY FAILED TO REMOVE THE4
IMAGE FROM ITS SOCIAL MEDIA PLATFORM AND TAKE REMEDIAL ACTION5
AGAINST THE USER IN ACCORDANCE WITH THE COMPANY 'S POLICY, THE6
FAILURE TO REMOVE THE IMAGE AND TAKE REMEDIAL ACTION IS PRIMA7
FACIE EVIDENCE THAT ANY OTHER USER WHO VIEWED THE IMAGE AFTER8
THE IMAGE WAS FLAGGED WAS INJURED AS A RESULT OF AN UNFAIR TRADE9
PRACTICE BY THE SOCIAL MEDIA COMPANY .10
SECTION 4. In Colorado Revised Statutes, 6-1-105, amend11
(1)(cccc); and add (1)(eeee) and (1)(ffff) as follows:12
6-1-105. Unfair or deceptive trade practices. (1) A person13
engages in a deceptive trade practice when, in the course of the person's14
business, vocation, or occupation, the person:15
(cccc) Sells or offers for sale a product that is age-restricted to a16
person who does not meet the age restriction; or17
18
(eeee) V
IOLATES SECTION 6-1-731.5; OR
19
(ffff) V
IOLATES SECTION 6-1-735.
20
21
SECTION 5. In Colorado Revised Statutes, add part 13 to article22
20 of title 13 as follows:23
PART 1324
MISCELLANEOUS ACTIONS25
13-20-1301. Actions for tracking a person without consent -26
definitions. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT27
011
-12- OTHERWISE REQUIRES:1
(a) "A
CTOR" MEANS A PERSON WHO TRACKS ANOTHER PERSON2
THROUGH THE USE OF A TRACKING APPLICATION OR TRACKING DEVICE .3
(b) "T
RACKING APPLICATION" MEANS ANY SOFTWARE PROGRAM4
THAT PERMITS AN ACTOR TO REMOTELY DETERMINE OR TRACK THE5
POSITION OR MOVEMENT OF ANOTHER PERSON OR ANOTHER PERSON 'S6
PROPERTY.7
(c) "T
RACKING DEVICE" MEANS AN ELECTRONIC OR MECHANICAL8
DEVICE THAT PERMITS AN ACTOR TO REMOTELY DETERMINE OR TRACK THE9
POSITION OR MOVEMENT OF ANOTHER PERSON OR ANOTHER PERSON 'S10
PERSONAL PROPERTY.11
(2) (a) A
PERSON WHO WAS TRACKED BY MEANS OF A TRACKING12
DEVICE OR TRACKING APPLICATION MAY BRING A CLAIM FOR DAMAGES ,13
INCLUDING NONECONOMIC LOSS OR INJURY , AGAINST THE ACTOR WHO14
INSTALLED A TRACKING DEVICE ON THE PERSON 'S PERSONAL PROPERTY15
WITHOUT THE PERSON'S CONSENT OR WHO CAUSED A TRACKING DEVICE OR16
TRACKING APPLICATION TO TRACK THE POSITION OR MOVEMENT OF THE17
PERSON OR PERSON'S PERSONAL PROPERTY WITHOUT THE PERSON 'S18
CONSENT. AN ACTOR IS LIABLE TO THE EXTENT THE ACTOR 'S CONDUCT
19
WAS THE PROXIMATE CAUSE OF THE HARM CAUSED BY THE TRACKING20
DEVICE OR TRACKING APPLICATION.21
(b) A
PERSON WHO HAS GIVEN CONSENT FOR AN ACTOR TO INSTALL22
A TRACKING DEVICE OR TRACKING APPLICATION ON THE CONSENTING23
PERSON'S PERSONAL PROPERTY MAY REVOKE THE CONSENT AT ANY TIME24
AND MAY BRING A CLAIM PURSUANT TO THIS SECTION FOR TRACKING THAT25
OCCURRED AFTER THE PERSON REVOKED CONSENT .26
(3) N
OTWITHSTANDING SUBSECTION (2) OF THIS SECTION, A27
011
-13- PERSON SHALL NOT BRING A CLAIM AGAINST A LAW ENFORCEMENT1
AGENCY OR PEACE OFFICER FOR ACTIONS TAKEN AS PART OF A CRIMINAL2
INVESTIGATION; A PEACE OFFICER ACTING WITHIN THE SCOPE OF THE3
PEACE OFFICER'S OFFICIAL DUTIES; A PUBLIC HIGHWAY AUTHORITY ,4
CREATED PURSUANT TO PART 5 OF ARTICLE 4 OF TITLE 43, ACTING WITHIN5
THE SCOPE OF ITS AUTHORITY TO COLLECT TOLLS; OR A PARENT OR LEGAL6
GUARDIAN OF A MINOR CHILD FOR TRACKING THE MINOR CHILD .7
SECTION 6. In Colorado Revised Statutes, 18-7-107, amend8
(1)(a) introductory portion; and add (2.5) as follows:9
18-7-107. Posting a private image for harassment - definitions.10
(1) (a) An actor who is eighteen years of age or older commits the11
offense of posting a private image for harassment if he or she THE ACTOR12
posts or distributes through the use of social media or any website any13
photograph, video, or other image displaying the
REAL OR SIMULATED
14
private intimate parts of an identified or identifiable person eighteen years15
of age or older or an image displaying sexual acts of an identified or16
identifiable person:17
(2.5) I
T IS NOT A DEFENSE TO AN ALLEGED VIOLATION OF THIS
18
SECTION THAT THE IMAGE IS PARTIALLY DIGITALLY CREATED OR ALTERED19
OR THAT THE PRIVATE INTIMATE PARTS WERE DIGITALLY CREATED OR20
ALTERED.21
SECTION 7. In Colorado Revised Statutes, 18-7-108, amend22
(1)(a) introductory portion; and add (2.5) as follows:23
18-7-108. Posting a private image for pecuniary gain -24
definitions. (1) (a) An actor who is eighteen years of age or older25
commits the offense of posting a private image for pecuniary gain if he26
or she THE ACTOR posts or distributes through social media or any website27
011
-14- any photograph, video, or other image displaying the REAL OR SIMULATED1
private intimate parts of an identified or identifiable person eighteen years2
of age or older or an image displaying sexual acts of an identified or3
identifiable person:4
(2.5) I
T IS NOT A DEFENSE TO AN ALLEGED VIOLATION OF THIS
5
SECTION THAT THE IMAGE IS PARTIALLY DIGITALLY CREATED OR ALTERED6
OR THAT THE PRIVATE INTIMATE PARTS WERE DIGITALLY CREATED OR7
ALTERED.8
SECTION 8. In Colorado Revised Statutes, 18-7-109, amend (8)9
introductory portion and (8)(b) as follows:10
18-7-109. Posting, possession, or exchange of a private image11
by a juvenile - definitions - penalties. (8) As used in this section,12
UNLESS THE CONTEXT OTHERWISE REQUIRES :13
(b) "Sexually explicit image" means any electronic or digital14
photograph, video, or video depiction of the
REAL OR SIMULATED external
15
genitalia or perineum or anus or buttocks or pubes of any person or the16
REAL OR SIMULATED breast of a female person.17
18
SECTION 9. Act subject to petition - effective date -19
applicability. (1) This act takes effect at 12:01 a.m. on the day following20
the expiration of the ninety-day period after final adjournment of the21
general assembly; except that, if a referendum petition is filed pursuant22
to section 1 (3) of article V of the state constitution against this act or an23
item, section, or part of this act within such period, then the act, item,24
section, or part will not take effect unless approved by the people at the25
general election to be held in November 2024 and, in such case, will take26
effect on the date of the official declaration of the vote thereon by the27
011
-15- governor.1
(2) This act applies to offenses committed and claims filed on or2
after the applicable effective date of this act.3
011
-16-