Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 24-0730.01 Conrad Imel x2313
SENATE BILL 24-011
Senate Committees House Committees
Judiciary 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
HOUSE
3rd Reading Unamended
April 29, 2024
HOUSE
Amended 2nd Reading
April 26, 2024
SENATE
3rd Reading Unamended
March 21, 2024
SENATE
Amended 2nd Reading
March 20, 2024
SENATE SPONSORSHIP
Winter F. and Cutter, Buckner, Coleman, Danielson, Exum, Fields, Ginal, Gonzales,
Hansen, Jaquez Lewis, Kolker, Marchman, Michaelson Jenet, Mullica, Priola, Roberts,
Rodriguez
HOUSE SPONSORSHIP
Duran and Willford, Amabile, Bacon, Bird, Clifford, deGruy Kennedy, English, Froelich,
Herod, Lindsay, Parenti, Pugliese, Ricks, Rutinel, Titone, Weissman, Young
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- 1
(a) "MEMBER" AND "MEMBER IN THIS STATE" HAVE THE SAME2
MEANING SET FORTH IN SECTION 6-1-731.3
(b) "MISCONDUCT THAT THREATENS PUBLIC OR PERSONAL SAFETY "4
MEANS AN ACT, THREATENED ACT, OR ATTEMPTED ACT OF HOMICIDE ,5
UNLAWFUL SEXUAL BEHAVIOR , ASSAULT, KIDNAPPING, STALKING,6
HARASSMENT, INVOLUNTARY INTOXICATION , ROBBERY, THEFT, OR ANY7
OTHER CONDUCT THAT THREATENS PUBLIC OR ANOTHER PERSON 'S SAFETY.8
(c) "ONLINE DATING SERVICE" HAS THE SAME MEANING SET FORTH9
IN SECTION 6-1-731.10
(d) "ONLINE DATING SERVICE CONTRACT" HAS THE SAME MEANING11
SET FORTH IN SECTION 6-1-731.12
(e) "REMEDIAL 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 PROHIBITED15
CONTENT AND CONDUCT TO OTHER MEMBERS WHO HAVE HAD CONTACT ON16
THE SERVICE WITH THE MEMBER WHO WAS THE SUBJECT OF THE REPORTS .17
(f) "SAFETY POLICY" MEANS AN ONLINE DATING SERVICE'S SAFETY18
POLICY REQUIRED IN SUBSECTION (2) OF THIS SECTION.19
(2) A
N
ONLINE DATING SERVICE SHALL ADOPT A SAFETY POLICY20
THAT COMPLIES WITH THIS SUBSECTION (2). AN ONLINE DATING SERVICE21
THAT HAS A MEMBER LOCATED IN THIS STATE ON THE EFFECTIVE DATE OF22
THIS SECTION SHALL MAKE THE SAFETY POLICY EFFECTIVE ON OR BEFORE23
J
ANUARY 1, 2025. AN ONLINE DATING SERVICE THAT REGISTERS ITS FIRST
24
MEMBER IN THIS STATE AFTER THE EFFECTIVE DATE OF THIS SECTION25
SHALL MAKE THE SAFETY POLICY EFFECTIVE ONE YEAR AFTER IT26
REGISTERS ITS FIRST MEMBER IN THIS STATE. THE SAFETY POLICY MUST27
011
-5- INCLUDE THE FOLLOWING:1
(a) A
DESCRIPTION OF PROHIBITED CONTENT AND CONDUCT USED
2
BY THE ONLINE DATING SERVICE , WHICH MUST INCLUDE MISCONDUCT3
THAT THREATENS PUBLIC OR PERSONAL SAFETY .4
(b) A STATEMENT OF WHETHER AND UNDER WHAT5
CIRCUMSTANCES THE ONLINE DATING SERVICE CONDUCTS A CRIMINAL6
BACKGROUND SCREENING OF MEMBERS AND WHETHER THE ONLINE7
DATING SERVICE EXCLUDES AS A MEMBER A PERSON WHO IS FOUND TO8
HAVE A CRIMINAL CONVICTION AND, IF SO, WHICH TYPES OF CRIMINAL9
CONVICTIONS RESULT IN EXCLUSION;10
(c) A
DESCRIPTION OF WHETHER AND WHEN THE ONLINE DATING
11
SERVICE VERIFIES A MEMBER'S IDENTITY OR THAT THE MEMBER IS AT12
LEAST EIGHTEEN YEARS OF AGE;13
(d) A DESCRIPTION OF WHETHER AND WHEN THE ONLINE DATING14
SERVICE SUSPENDS A MEMBER'S PROFILE FROM THE SERVICE AS A RESULT15
OF REPORTS OF PROHIBITED CONTENT AND CONDUCT COMMITTED BY THE16
MEMBER RECEIVED BY THE ONLINE DATING SERVICE AND THE17
CIRCUMSTANCES UNDER WHICH THE ONLINE DATING SERVICE BARS A18
MEMBER FROM THE ONLINE DATING SERVICE AS A RESULT OF RECEIVED19
REPORTS;20
(e) A
DESCRIPTION OF WHETHER THE ONLINE DATING SERVICE
21
PERMITS A MEMBER WHO WAS SUSPENDED OR BARRED AS A RESULT OF22
REPORTS OF PROHIBITED CONTENT AND C ONDUCT COMMITTED BY THE23
MEMBER TO APPEAL THE ADVERSE ACTION AND , IF THE ONLINE DATING24
SERVICE PERMITS AN APPEAL, THE APPEAL PROCESS;25
(f) A DESCRIPTION OF WHETHER AND WHEN THE ONLINE DATING26
SERVICE, AFTER RECEIVING A REPORT OF PROHIBITED CONTENT AND27
011
-6- CONDUCT COMMITTED BY A MEMBER, PROVIDES ACTUAL NOTICE THAT IT1
RECEIVED THE REPORT TO OTHER MEMBERS WHO HAVE HAD CONTACT2
WITH THE MEMBER WHO WAS THE SUBJECT OF THE REPORT AND , IF SO, THE3
TYPES OF CONTENT AND CONDUCT THAT RESULT IN PROVIDING A NOTICE4
AND THE PROCESS FOR PROVIDING THE NOTICE ;5
(g) CLEAR GUIDELINES FOR REPORTING TO THE ONLINE DATING6
SERVICE PROHIBITED CONTENT AND CONDUCT COMMITTED BY A MEMBER7
AGAINST ANOTHER MEMBER . THE GUIDELINES MUST WARN MEMBERS NOT8
TO SUBMIT FALSE REPORTS OR REPORT FOR MALICIOUS , BIASED, OR OTHER9
ILLEGITIMATE REASONS. 10
(h) A NOTICE THAT ENGAGING IN SEXUAL CONDUCT WITH ANOTHER11
PERSON WITHOUT THE OTHER PERSON 'S CONSENT VIOLATES THE SAFETY12
POLICY, IS AGAINST THE LAW, AND MAY RESULT IN CRIMINAL OR CIVIL13
LIABILITY;14
(i) INFORMATION ABOUT RESOURCES AVAILABLE FOR MEMBERS IN15
C
OLORADO WHO EXPERIENCE SEXUAL ASSAULT , DOMESTIC VIOLENCE, AND
16
OTHER CRIMES; AND17
(j) A LIST OF SAFETY MEASURES TAKEN BY THE PLATFORM THAT18
ARE REASONABLY DESIGNED TO PROMOTE SAFER ONLINE AND IN -PERSON19
DATING EXPERIENCES FOR MEMBERS .20
(3) A
N ONLINE DATING SERVICE SHALL POST A CLEAR AND
21
CONSPICUOUS LINK TO THE SERVICE'S SAFETY POLICY ON THE MAIN PAGE22
OF ITS WEBSITE AND ON THE SETTINGS , OR A SIMILAR SCREEN, OF ITS23
MOBILE APPLICATION, IF APPLICABLE, AND INCLUDE A LINK TO THE SAFETY24
POLICY IN A DATING SERVICE CONTRACT DESCRIBED IN SECTION 6-1-731.25
T
HE TEXT OF EACH LINK MUST EXPLICITLY INFORM A COLORADO MEMBER
26
THAT THE LINK NAVIGATES THE MEMBER TO THE ONLINE DATING SERVICE 'S27
011
-7- SAFETY POLICY.1
(4) (a) A
N ONLINE DATING SERVICE SHALL SUBMIT THE URL FOR
2
ITS SAFETY POLICY POSTED ON ITS WEBSITE TO THE ATTORNEY GENERAL 'S3
OFFICE WITHIN FIFTEEN DAYS AFTER ENACTING THE SAFETY POLICY . IF AN4
ONLINE DATING SERVICE UPDATES THE URL FOR ITS SAFETY POLICY, IT5
SHALL SUBMIT THE UPDATED URL TO THE ATTORNEY GENERAL'S OFFICE6
WITHIN SEVEN DAYS AFTER UPDATING THE URL.7
(b) O
N OR BEFORE JANUARY 31, 2026, AND ON OR BEFORE
8
J
ANUARY 31 OF EACH YEAR THEREAFTER , AN ONLINE DATING SERVICE
9
SHALL SUBMIT AN ANNUAL REPORT TO THE ATTORNEY GENERAL 'S OFFICE10
CONCERNING MEMBER SAFETY AND THE ONLINE DATING SERVICE 'S11
COMPLIANCE WITH THIS SECTION . THE REPORT MUST INCLUDE THE12
INFORMATION REQUIRED BY THE RULES PROMULGATED PURSUANT TO THIS13
SECTION.14
(c) T
HE REPORT REQUIRED PURSUANT TO SUBSECTION (4)(b) OF
15
THIS SECTION IS ONLY REQUIRED TO INCLUDE INFORMATION ABOUT A16
MEMBER LOCATED IN, OR REPORTS MADE BY A MEMBER LOCATED IN ,17
C
OLORADO, IF THAT INFORMATION IS AVAILABLE. IF THAT INFORMATION
18
IS NOT AVAILABLE, THE REPORT MUST INCLUDE INFORMATION FROM THE19
ENTIRE UNITED STATES.20
(4.5) T
HE ATTORNEY GENERAL
SHALL PROMULGATE RULES TO21
CARRY OUT THIS SECTION. THE RULES MAY INCLUDE THE PROCESS FOR AN22
ONLINE DATING SERVICE TO SUBMIT TO THE ATTORNEY GENERAL 'S OFFICE23
THE URL FOR ITS SAFETY POLICY. 24
(5) T
HE ATTORNEY GENERAL'S OFFICE SHALL POST ON A PUBLIC25
PAGE OF ITS WEBSITE A LINK TO EACH SAFETY POLICY AND EACH ANNUAL26
REPORT FILED WITH THE OFFICE PURSUANT TO SUBSECTION (4) OF THIS27
011
-8- SECTION BY EACH ONLINE DATING SERVICE .1
(6)
PRIOR TO COMMENCING AN ENFORCEMENT ACTION PURSUANT
2
TO THIS ARTICLE 1 AGAINST AN ONLINE DATING SERVICE THAT REGISTERS3
ITS FIRST MEMBER IN THIS STATE AFTER THE EFFECTIVE DATE OF THIS4
SECTION FOR THE SERVICE'S FIRST VIOLATION OF THIS SECTION , THE5
ATTORNEY GENERAL OR A DISTRICT ATTORNEY MUST ISSUE A NOTICE OF6
VIOLATION TO THE ONLINE DATING SERVICE IF THE ATTORNEY GENERAL OR7
DISTRICT ATTORNEY DETERMINES THAT IT IS POSSIBLE FOR THE ONLINE8
DATING SERVICE TO CURE THE VIOLATION. IF THE ONLINE DATING SERVICE9
FAILS TO CURE THE VIOLATION WITHIN THIRTY DAYS OF RECEIVING THE10
NOTICE OF VIOLATION, THE ATTORNEY GENERAL OR DISTRICT ATTORNEY11
MAY BRING AN ENFORCEMENT ACTION PURSUANT TO THIS ARTICLE 1.12
(7) (a) N
OTHING IN THIS SECTION ALTERS THE SCOPE OF THE
13
FEDERAL "COMMUNICATIONS DECENCY ACT OF 1996", 47 U.S.C. SEC.14
230.15
(b) N
OTHING IN THIS SECTION LIMITS ANY RIGHTS OR REMEDIES OF
16
AN INJURED PARTY THAT ARE AVAILABLE UNDER COLORADO LAW NOR17
REMOVES ANY REMEDIES AVAILABLE TO AN INJURED PERSON PRIOR TO THE18
EFFECTIVE DATE OF THIS SECTION.19
(c) A
N ONLINE DATING SERVICE IS NOT LIABLE TO A BARRED OR
20
SUSPENDED MEMBER FOR TAKING , IN GOOD FAITH, REMEDIAL ACTION IN21
ACCORDANCE WITH ITS MEMBERSHIP AGREEMENT AGAINST A MEMBER FOR22
VIOLATING THE SERVICE'S SAFETY POLICY.23
24
SECTION 3. In Colorado Revised Statutes, 6-1-105, amend25
(1)(cccc); and add (1)(eeee) as follows:26
6-1-105. Unfair or deceptive trade practices. (1) A person27
011
-9- engages in a deceptive trade practice when, in the course of the person's1
business, vocation, or occupation, the person:2
(cccc) Sells or offers for sale a product that is age-restricted to a3
person who does not meet the age restriction; or4
5
(eeee) V
IOLATES SECTION
6-1-731.5.6
7
8
SECTION 4. In Colorado Revised Statutes, add part 13 to article9
20 of title 13 as follows:10
PART 1311
MISCELLANEOUS ACTIONS12
13-20-1301. Actions for tracking a person without consent -13
definitions. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT14
OTHERWISE REQUIRES:15
(a) "A
CTOR" MEANS A PERSON WHO TRACKS ANOTHER PERSON16
THROUGH THE USE OF A TRACKING APPLICATION OR TRACKING DEVICE .17
(b) "T
RACKING APPLICATION" MEANS ANY SOFTWARE PROGRAM18
THAT PERMITS AN ACTOR TO REMOTELY DETERMINE OR TRACK THE19
POSITION OR MOVEMENT OF ANOTHER PERSON OR ANOTHER PERSON 'S20
PROPERTY.21
(c) "T
RACKING DEVICE" MEANS AN ELECTRONIC OR MECHANICAL22
DEVICE THAT PERMITS AN ACTOR TO REMOTELY DETERMINE OR TRACK THE23
POSITION OR MOVEMENT OF ANOTHER PERSON OR ANOTHER PERSON 'S24
PERSONAL PROPERTY.25
(2) (a) A
PERSON WHO WAS TRACKED BY MEANS OF A TRACKING26
DEVICE OR TRACKING APPLICATION MAY BRING A CLAIM FOR DAMAGES ,27
011
-10- INCLUDING NONECONOMIC LOSS OR INJURY , AGAINST THE ACTOR WHO1
INSTALLED A TRACKING DEVICE ON THE PERSON 'S PERSONAL PROPERTY2
WITHOUT THE PERSON'S CONSENT OR WHO CAUSED A TRACKING DEVICE OR3
TRACKING APPLICATION TO TRACK THE POSITION OR MOVEMENT OF THE4
PERSON OR PERSON'S PERSONAL PROPERTY WITHOUT THE PERSON 'S5
CONSENT. AN ACTOR IS LIABLE TO THE EXTENT THE ACTOR 'S CONDUCT6
WAS THE PROXIMATE CAUSE OF THE HARM CAUSED BY THE TRACKING7
DEVICE OR TRACKING APPLICATION.8
(b) A
PERSON WHO HAS GIVEN CONSENT FOR AN ACTOR TO INSTALL9
A TRACKING DEVICE OR TRACKING APPLICATION ON THE CONSENTING10
PERSON'S PERSONAL PROPERTY MAY REVOKE THE CONSENT AT ANY TIME11
AND MAY BRING A CLAIM PURSUANT TO THIS SECTION FOR TRACKING THAT12
OCCURRED AFTER THE PERSON REVOKED CONSENT .13
(3) N
OTWITHSTANDING SUBSECTION (2) OF THIS SECTION, A14
PERSON SHALL NOT BRING A CLAIM AGAINST A LAW ENFORCEMENT15
AGENCY OR PEACE OFFICER FOR ACTIONS TAKEN AS PART OF A CRIMINAL16
INVESTIGATION;
A PEACE OFFICER ACTING WITHIN THE SCOPE OF THE17
PEACE OFFICER'S OFFICIAL DUTIES; A PUBLIC HIGHWAY AUTHORITY ,18
CREATED PURSUANT TO PART 5 OF ARTICLE 4 OF TITLE 43, ACTING WITHIN19
THE SCOPE OF ITS AUTHORITY TO COLLECT TOLLS; THE HIGH PERFORMANCE20
TRANSPORTATION ENTERPRISE CREATED IN SECTION 43-4-806 ACTING21
WITHIN THE SCOPE OF ITS AUTHORITY TO COLLECT TOLLS AND ENFORCE22
TOLL AND SAFETY VIOLATIONS; OR A PARENT OR LEGAL GUARDIAN OF A23
MINOR CHILD FOR TRACKING THE MINOR CHILD .24
SECTION 5. In Colorado Revised Statutes, 18-7-107, amend25
(1)(a) introductory portion; and add (2.5) as follows:26
18-7-107. Posting a private image for harassment - definitions.27
011
-11- (1) (a) An actor who is eighteen years of age or older commits the1
offense of posting a private image for harassment if he or she THE ACTOR2
posts or distributes through the use of social media or any website any3
photograph, video, or other image displaying the
REAL OR SIMULATED
4
private intimate parts of an identified or identifiable person eighteen years5
of age or older or an image displaying sexual acts of an identified or6
identifiable person:7
(2.5) I
T IS NOT A DEFENSE TO AN ALLEGED VIOLATION OF THIS
8
SECTION THAT THE IMAGE IS PARTIALLY DIGITALLY CREATED OR ALTERED9
OR THAT THE PRIVATE INTIMATE PARTS WERE DIGITALLY CREATED OR10
ALTERED.11
SECTION 6. In Colorado Revised Statutes, 18-7-108, amend12
(1)(a) introductory portion; and add (2.5) as follows:13
18-7-108. Posting a private image for pecuniary gain -14
definitions. (1) (a) An actor who is eighteen years of age or older15
commits the offense of posting a private image for pecuniary gain if he16
or she THE ACTOR posts or distributes through social media or any website17
any photograph, video, or other image displaying the
REAL OR SIMULATED
18
private intimate parts of an identified or identifiable person eighteen years19
of age or older or an image displaying sexual acts of an identified or20
identifiable person:21
(2.5) I
T IS NOT A DEFENSE TO AN ALLEGED VIOLATION OF THIS
22
SECTION THAT THE IMAGE IS PARTIALLY DIGITALLY CREATED OR ALTERED23
OR THAT THE PRIVATE INTIMATE PARTS WERE DIGITALLY CREATED OR24
ALTERED.25
SECTION 7. In Colorado Revised Statutes, 18-7-109, amend (8)26
introductory portion and (8)(b) as follows:27
011
-12- 18-7-109. Posting, possession, or exchange of a private image1
by a juvenile - definitions - penalties. (8) As used in this section,2
UNLESS THE CONTEXT OTHERWISE REQUIRES :3
(b) "Sexually explicit image" means any electronic or digital4
photograph, video, or video depiction of the
REAL OR SIMULATED external
5
genitalia or perineum or anus or buttocks or pubes of any person or the6
REAL OR SIMULATED breast of a female person.7
8
SECTION 8. Act subject to petition - effective date -9
applicability. (1) This act takes effect at 12:01 a.m. on the day following10
the expiration of the ninety-day period after final adjournment of the11
general assembly; except that, if a referendum petition is filed pursuant12
to section 1 (3) of article V of the state constitution against this act or an13
item, section, or part of this act within such period, then the act, item,14
section, or part will not take effect unless approved by the people at the15
general election to be held in November 2024 and, in such case, will take16
effect on the date of the official declaration of the vote thereon by the17
governor.18
(2) This act applies to offenses committed and claims filed on or19
after the applicable effective date of this act.20
011
-13-