Colorado 2024 Regular Session

Colorado Senate Bill SB011 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0730.01 Conrad Imel x2313
1	8		SENATE BILL 24-011
2		-	BY SENATOR(S) Winter F. and Cutter, Buckner, Coleman, Danielson,
3		-	Exum, Fields, Ginal, Gonzales, Hansen, Jaquez Lewis, Kolker, Marchman,
4		-	Michaelson Jenet, Mullica, Priola, Roberts, Rodriguez;
5		-	also REPRESENTATIVE(S) Duran and Willford, Amabile, Bacon, Bird,
6		-	Clifford, deGruy Kennedy, English, Froelich, Herod, Lindsay, Parenti,
7		-	Pugliese, Ricks, Rutinel, Titone, Weissman, Young.
	9	+	Senate Committees House Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
8	12		C
9		-	ONCERNING MEASURES TO INCREASE PROTECTION FROM HARM CAUSED
10		-	THROUGH THE USE OF TECHNOLOGY
11		-	.
12		-
13		-	Be it enacted by the General Assembly of the State of Colorado:
	13	+	ONCERNING MEASURES TO INCRE ASE PROTECTION FROM HARM101
	14	+	CAUSED THROUGH THE USE OF TECHNOLOGY .102
	15	+	Bill Summary
	16	+	(Note: This summary applies to this bill as introduced and does
	17	+	not reflect any amendments that may be subsequently adopted. If this bill
	18	+	passes third reading in the house of introduction, a bill summary that
	19	+	applies to the reengrossed version of this bill will be available at
	20	+	http://leg.colorado.gov
	21	+	.)
	22	+	The bill requires an online dating service (service) to have a safety
	23	+	policy that includes certain elements. It is a deceptive trade practice if a
	24	+	service does not have a compliant safety policy. A safety policy must
	25	+	include:
	26	+	! Information about whether and under what circumstances
	27	+	the service conducts background screenings of members
	28	+	HOUSE
	29	+	3rd Reading Unamended
	30	+	April 29, 2024
	31	+	HOUSE
	32	+	Amended 2nd Reading
	33	+	April 26, 2024
	34	+	SENATE
	35	+	3rd Reading Unamended
	36	+	March 21, 2024
	37	+	SENATE
	38	+	Amended 2nd Reading
	39	+	March 20, 2024
	40	+	SENATE SPONSORSHIP
	41	+	Winter F. and Cutter, Buckner, Coleman, Danielson, Exum, Fields, Ginal, Gonzales,
	42	+	Hansen, Jaquez Lewis, Kolker, Marchman, Michaelson Jenet, Mullica, Priola, Roberts,
	43	+	Rodriguez
	44	+	HOUSE SPONSORSHIP
	45	+	Duran and Willford, Amabile, Bacon, Bird, Clifford, deGruy Kennedy, English, Froelich,
	46	+	Herod, Lindsay, Parenti, Pugliese, Ricks, Rutinel, Titone, Weissman, Young
	47	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	48	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	49	+	Dashes through the words or numbers indicate deletions from existing law. who use the service (members) and whether the service
	50	+	excludes from membership individuals with past criminal
	51	+	convictions;
	52	+	! A definition of misconduct used by the online dating
	53	+	service;
	54	+	! A description of whether and when the service suspends a
	55	+	member profile or bars a member from the service as a
	56	+	result of reports of misconduct committed by the member;
	57	+	! Guidelines for reporting misconduct committed by a
	58	+	member to the service and information about how those
	59	+	reports are shared with other members;
	60	+	! A notice that engaging in sexual conduct with another
	61	+	person without the other person's consent violates the
	62	+	safety policy and criminal laws, and may result in criminal
	63	+	or civil liability;
	64	+	! Information about resources available for members who
	65	+	experience misconduct committed by another member; and
	66	+	! Measures taken by the platform that are reasonably
	67	+	designed to promote safer online and in-person dating
	68	+	experiences for members.
	69	+	A service shall post its safety policy on the front page of its
	70	+	website or mobile application, include the policy in its dating service
	71	+	contract, and file its safety policy with the attorney general's office.
	72	+	A service shall annually file a report with the attorney general's
	73	+	office that includes information about reports of misconduct committed
	74	+	by members that the service has received and actions taken by the service
	75	+	against members who are the subject of those reports.
	76	+	If a member who brings an enforcement action against a service
	77	+	for the deceptive trade practice of not having an adequate safety policy
	78	+	was injured by another member and a report against the other member
	79	+	was filed with the service prior to the incident, the service is liable for the
	80	+	amount of the member's actual damages or, if the service received more
	81	+	than one report about the other member and fails to take timely remedial
	82	+	action against the other member, 3 times the amount of the member's
	83	+	actual damages.
	84	+	The bill creates a civil cause of action for a person who was
	85	+	tracked by means of a tracking device or tracking application to bring a
	86	+	claim against the actor who installed a tracking device on the person's
	87	+	property or who caused a tracking device or tracking application to track
	88	+	the person or person's property without the person's consent.
	89	+	Existing law prohibits posting a private image for harassment;
	90	+	posting a private image for pecuniary gain; and posting, possession, or
	91	+	exchange of a private image by a juvenile. The bill adds to those offenses
	92	+	posting a computer generated or digitally altered sexual image that:
	93	+	! Depicts an actual person engaging in speech or conduct
	94	+	011
	95	+	-2- that the person did not engage in and is so realistic that a
	96	+	reasonable person would believe it depicts the actual
	97	+	conduct of the depicted person;
	98	+	! Was produced by technological means; and
	99	+	! Realistically depicts the private intimate parts of another
	100	+	person or artificially generated private intimate parts
	101	+	presented as those of the depicted person or displays the
	102	+	depicted person in a sexual act.
	103	+	Be it enacted by the General Assembly of the State of Colorado:1
14	104		SECTION 1. Legislative declaration. (1) The general assembly
15		-	finds and declares that:
16		-	(a) Three in ten adults, including half of 18- to 29-year-olds, in the
17		-	United States have used a dating site or app;
18		-	(b) 31% of women on dating apps surveyed had been sexually
19		-	assaulted or raped by someone they met through a dating app;
20		-	(c) Three in four users experienced dating app-facilitated sexual
21		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
22		-	officers and the Governor. To determine whether the Governor has signed the bill
23		-	or taken other action on it, please consult the legislative status sheet, the legislative
24		-	history, or the Session Laws.
25		-	________
26		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
27		-	through words or numbers indicate deletions from existing law and such material is not part of
28		-	the act. violence, with the highest rates among LGBTQIA users;
29		-	(d) It is relatively easy for minors to create profiles and use dating
30		-	apps, because most apps do not verify the identity or age of the account
31		-	holder;
32		-	(e) Predators have repeatedly used dating app platforms for serial
33		-	criminal enterprises for financial fraud, as well as stalking, homicide, and
34		-	rape;
35		-	(f) Colorado is in the top five most dangerous states for online
36		-	dating;
37		-	(g) The small size and inexpensive nature of available tracking
38		-	devices enable tracking devices to increasingly be used to track people and
39		-	their property without consent;
40		-	(h) From 2019 to 2023, there was a 550% increase in sexual
41		-	deepfakes published online;
42		-	(i) Intimate image abuse, including images that are digitally created
43		-	or altered, affects survivors' mental health, including a high risk of suicide,
44		-	and may negatively impact survivors' employment prospects, academic
45		-	success, and physical well-being; and
46		-	(j) The risks and reality of technology-facilitated crimes impacts the
47		-	public and is a matter of statewide public safety and concern.
48		-	(2) Therefore, in order to improve the public health, safety, and
49		-	welfare of Coloradans, it is necessary to ensure that:
50		-	(a) Each online dating service develops thoughtful and transparent
51		-	safety policies that are posted in a conspicuous place on the service's
52		-	website or app for users;
53		-	(b) Online dating services take prompt remedial action for
54		-	misconduct carried out through dating sites or apps;
55		-	(c) Data regarding the frequency of reported misconduct and the
56		-	responses of dating sites or apps is tracked and available to consumers;
57		-	PAGE 2-SENATE BILL 24-011 (d) An online dating service can be held accountable when it fails
58		-	to act on reports of misconduct or criminal attacks;
59		-	(e) Consent is required for tracking a person or another's property;
60		-	and
61		-	(f) Existing intimate image abuse laws include deepfakes and
62		-	digitally altered images.
63		-	SECTION 2. In Colorado Revised Statutes, add 6-1-731.5 as
64		-	follows:
65		-	6-1-731.5. Online dating services - deceptive trade practice -
66		-	policy required - report - rules - definitions. (1) A
67		-	S USED IN THIS
68		-	SECTION
69		-	, UNLESS THE CONTEXT OTHERWISE REQUIRES :
70		-	(a) "M
71		-	EMBER" AND "MEMBER IN THIS STATE" HAVE THE SAME
72		-	MEANING SET FORTH IN SECTION
73		-	6-1-731.
74		-	(b) "M
75		-	ISCONDUCT THAT THREATENS PUBLIC OR PERSONAL SAFETY "
76		-	MEANS AN ACT, THREATENED ACT, OR ATTEMPTED ACT OF HOMICIDE ,
77		-	UNLAWFUL SEXUAL BEHAVIOR , ASSAULT, KIDNAPPING, STALKING,
78		-	HARASSMENT, INVOLUNTARY INTOXICATION , ROBBERY, THEFT, OR ANY
79		-	OTHER CONDUCT THAT THREATENS PUBLIC OR ANOTHER PERSON
80		-	'S SAFETY.
81		-	(c) "O
82		-	NLINE DATING SERVICE" HAS THE SAME MEANING SET FORTH
83		-	IN SECTION
84		-	6-1-731.
85		-	(d) "O
86		-	NLINE DATING SERVICE CONTRACT " HAS THE SAME MEANING
87		-	SET FORTH IN SECTION
88		-	6-1-731.
89		-	(e) "R
90		-	EMEDIAL ACTION" MEANS SUSPENDING THE MEMBER 'S PROFILE
91		-	FROM THE SERVICE
92		-	, BARRING THE MEMBER FROM THE SERVICE , OR
93		-	PROVIDING ACTUAL NOTICE THAT IT RECEIVED A REPORT OF PROHIBITED
94		-	CONTENT AND CONDUCT TO OTHER MEMBERS WHO HAVE HAD CONTACT ON
95		-	THE SERVICE WITH THE MEMBER WHO WAS THE SUBJECT OF THE REPORTS
96		-	.
97		-	(f) "S
98		-	AFETY POLICY" MEANS AN ONLINE DATING SERVICE'S SAFETY
99		-	POLICY REQUIRED IN SUBSECTION
100		-	(2) OF THIS SECTION.
101		-	PAGE 3-SENATE BILL 24-011 (2) AN ONLINE DATING SERVICE SHALL ADOPT A SAFETY POLICY
102		-	THAT COMPLIES WITH THIS SUBSECTION
103		-	(2). AN ONLINE DATING SERVICE
104		-	THAT HAS A MEMBER LOCATED IN THIS STATE ON THE EFFECTIVE DATE OF
105		-	THIS SECTION SHALL MAKE THE SAFETY POLICY EFFECTIVE ON OR BEFORE
106		-	JANUARY 1, 2025. AN ONLINE DATING SERVICE THAT REGISTERS ITS FIRST
107		-	MEMBER IN THIS STATE AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL
108		-	MAKE THE SAFETY POLICY EFFECTIVE ONE YEAR AFTER IT REGISTERS ITS
109		-	FIRST MEMBER IN THIS STATE
110		-	. THE SAFETY POLICY MUST INCLUDE THE
111		-	FOLLOWING
112		-	:
	105	+	2
	106	+	finds and declares that:3
	107	+	(a) Three in ten adults, including half of 18- to 29-year-olds, in4
	108	+	the United States have used a dating site or app;5
	109	+	(b) 31% of women on dating apps surveyed had been sexually6
	110	+	assaulted or raped by someone they met through a dating app;7
	111	+	(c) Three in four users experienced dating app-facilitated sexual8
	112	+	violence, with the highest rates among LGBTQIA users;9
	113	+	(d) It is relatively easy for minors to create profiles and use dating10
	114	+	apps, because most apps do not verify the identity or age of the account11
	115	+	holder;12
	116	+	(e) Predators have repeatedly used dating app platforms for serial13
	117	+	criminal enterprises for financial fraud, as well as stalking, homicide, and14
	118	+	rape;15
	119	+	(f) Colorado is in the top five most dangerous states for online16
	120	+	dating;17
	121	+	(g) The small size and inexpensive nature of available tracking18
	122	+	devices enable tracking devices to increasingly be used to track people19
	123	+	and their property without consent;20
	124	+	(h) From 2019 to 2023, there was a 550% increase in sexual21
	125	+	011-3- deepfakes published online;1
	126	+	(i) Intimate image abuse, including images that are digitally2
	127	+	created or altered, affects survivors' mental health, including a high risk3
	128	+	of suicide, and may negatively impact survivors' employment prospects,4
	129	+	academic success, and physical well-being; and5
	130	+	(j) The risks and reality of technology-facilitated crimes impacts6
	131	+	the public and is a matter of statewide public safety and concern.7
	132	+	(2) Therefore, in order to improve the public health, safety, and8
	133	+	welfare of Coloradans, it is necessary to ensure that:9
	134	+	(a) Each online dating service develops thoughtful and transparent10
	135	+	safety policies that are posted in a conspicuous place on the service's11
	136	+	website or app for users;12
	137	+	(b) Online dating services take prompt remedial action for13
	138	+	misconduct carried out through dating sites or apps;14
	139	+	(c) Data regarding the frequency of reported misconduct and the15
	140	+	responses of dating sites or apps is tracked and available to consumers;16
	141	+	(d) An online dating service can be held accountable when it fails17
	142	+	to act on reports of misconduct or criminal attacks;18
	143	+	(e) Consent is required for tracking a person or another's property;19
	144	+	and20
	145	+	(f) Existing intimate image abuse laws include deepfakes and21
	146	+	digitally altered images.22
	147	+	SECTION 2. In Colorado Revised Statutes, add 6-1-731.5 as23
	148	+	follows:24
	149	+	6-1-731.5. Online dating services - deceptive trade practice -25
	150	+	policy required - report - rules - definitions. (1) A S USED IN THIS26
	151	+	SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES :27
	152	+	011
	153	+	-4- 1
	154	+	(a) "MEMBER" AND "MEMBER IN THIS STATE" HAVE THE SAME2
	155	+	MEANING SET FORTH IN SECTION 6-1-731.3
	156	+	(b) "MISCONDUCT THAT THREATENS PUBLIC OR PERSONAL SAFETY "4
	157	+	MEANS AN ACT, THREATENED ACT, OR ATTEMPTED ACT OF HOMICIDE ,5
	158	+	UNLAWFUL SEXUAL BEHAVIOR , ASSAULT, KIDNAPPING, STALKING,6
	159	+	HARASSMENT, INVOLUNTARY INTOXICATION , ROBBERY, THEFT, OR ANY7
	160	+	OTHER CONDUCT THAT THREATENS PUBLIC OR ANOTHER PERSON 'S SAFETY.8
	161	+	(c) "ONLINE DATING SERVICE" HAS THE SAME MEANING SET FORTH9
	162	+	IN SECTION 6-1-731.10
	163	+	(d) "ONLINE DATING SERVICE CONTRACT" HAS THE SAME MEANING11
	164	+	SET FORTH IN SECTION 6-1-731.12
	165	+	(e) "REMEDIAL ACTION" MEANS SUSPENDING THE MEMBER 'S13
	166	+	PROFILE FROM THE SERVICE, BARRING THE MEMBER FROM THE SERVICE, OR14
	167	+	PROVIDING ACTUAL NOTICE THAT IT RECEIVED A REPORT OF PROHIBITED15
	168	+	CONTENT AND CONDUCT TO OTHER MEMBERS WHO HAVE HAD CONTACT ON16
	169	+	THE SERVICE WITH THE MEMBER WHO WAS THE SUBJECT OF THE REPORTS .17
	170	+	(f) "SAFETY POLICY" MEANS AN ONLINE DATING SERVICE'S SAFETY18
	171	+	POLICY REQUIRED IN SUBSECTION (2) OF THIS SECTION.19
	172	+	(2) A
	173	+	N
	174	+	ONLINE DATING SERVICE SHALL ADOPT A SAFETY POLICY20
	175	+	THAT COMPLIES WITH THIS SUBSECTION (2). AN ONLINE DATING SERVICE21
	176	+	THAT HAS A MEMBER LOCATED IN THIS STATE ON THE EFFECTIVE DATE OF22
	177	+	THIS SECTION SHALL MAKE THE SAFETY POLICY EFFECTIVE ON OR BEFORE23
	178	+	J
	179	+	ANUARY 1, 2025. AN ONLINE DATING SERVICE THAT REGISTERS ITS FIRST
	180	+	24
	181	+	MEMBER IN THIS STATE AFTER THE EFFECTIVE DATE OF THIS SECTION25
	182	+	SHALL MAKE THE SAFETY POLICY EFFECTIVE ONE YEAR AFTER IT26
	183	+	REGISTERS ITS FIRST MEMBER IN THIS STATE. THE SAFETY POLICY MUST27
	184	+	011
	185	+	-5- INCLUDE THE FOLLOWING:1
113	186		(a) A
114		-	DESCRIPTION OF PROHIBITED CONTENT AND CONDUCT USED BY
115		-	THE ONLINE DATING SERVICE
116		-	, WHICH MUST INCLUDE MISCONDUCT THAT
117		-	THREATENS PUBLIC OR PERSONAL SAFETY
118		-	.
119		-	(b) A
120		-	STATEMENT OF WHETHER AND UNDER WHAT CIRCUMSTANCES
121		-	THE ONLINE DATING SERVICE CONDUCTS A CRIMINAL BACKGROUND
122		-	SCREENING OF MEMBERS AND WHETHER THE ONLINE DATING SERVICE
123		-	EXCLUDES AS A MEMBER A PERSON WHO IS FOUND TO HAVE A CRIMINAL
124		-	CONVICTION AND
125		-	, IF SO, WHICH TYPES OF CRIMINAL CONVICTIONS RESULT IN
126		-	EXCLUSION
127		-	;
	187	+	DESCRIPTION OF PROHIBITED CONTENT AND CONDUCT USED
	188	+	2
	189	+	BY THE ONLINE DATING SERVICE , WHICH MUST INCLUDE MISCONDUCT3
	190	+	THAT THREATENS PUBLIC OR PERSONAL SAFETY .4
	191	+	(b) A STATEMENT OF WHETHER AND UNDER WHAT5
	192	+	CIRCUMSTANCES THE ONLINE DATING SERVICE CONDUCTS A CRIMINAL6
	193	+	BACKGROUND SCREENING OF MEMBERS AND WHETHER THE ONLINE7
	194	+	DATING SERVICE EXCLUDES AS A MEMBER A PERSON WHO IS FOUND TO8
	195	+	HAVE A CRIMINAL CONVICTION AND, IF SO, WHICH TYPES OF CRIMINAL9
	196	+	CONVICTIONS RESULT IN EXCLUSION;10
128	197		(c) A
129	198		DESCRIPTION OF WHETHER AND WHEN THE ONLINE DATING
130		-	SERVICE VERIFIES A MEMBER
131		-	'S IDENTITY OR THAT THE MEMBER IS AT LEAST
132		-	EIGHTEEN YEARS OF AGE
133		-	;
134		-	(d) A
135		-	DESCRIPTION OF WHETHER AND WHEN THE ONLINE DATING
136		-	SERVICE SUSPENDS A MEMBER
137		-	'S PROFILE FROM THE SERVICE AS A RESULT OF
138		-	REPORTS OF PROHIBITED CONTENT AND CONDUCT COMMITTED BY THE
139		-	MEMBER RECEIVED BY THE ONLINE DATING SERVICE AND THE
140		-	CIRCUMSTANCES UNDER WHICH THE ONLINE DATING SERVICE BARS A
141		-	MEMBER FROM THE ONLINE DATING SERVICE AS A RESULT OF RECEIVED
142		-	REPORTS
143		-	;
	199	+	11
	200	+	SERVICE VERIFIES A MEMBER'S IDENTITY OR THAT THE MEMBER IS AT12
	201	+	LEAST EIGHTEEN YEARS OF AGE;13
	202	+	(d) A DESCRIPTION OF WHETHER AND WHEN THE ONLINE DATING14
	203	+	SERVICE SUSPENDS A MEMBER'S PROFILE FROM THE SERVICE AS A RESULT15
	204	+	OF REPORTS OF PROHIBITED CONTENT AND CONDUCT COMMITTED BY THE16
	205	+	MEMBER RECEIVED BY THE ONLINE DATING SERVICE AND THE17
	206	+	CIRCUMSTANCES UNDER WHICH THE ONLINE DATING SERVICE BARS A18
	207	+	MEMBER FROM THE ONLINE DATING SERVICE AS A RESULT OF RECEIVED19
	208	+	REPORTS;20
144	209		(e) A
145	210		DESCRIPTION OF WHETHER THE ONLINE DATING SERVICE
146		-	PERMITS A MEMBER WHO WAS SUSPENDED OR BARRED AS A RESULT OF
147		-	REPORTS OF PROHIBITED CONTENT AND CONDUCT COMMITTED BY THE
148		-	MEMBER TO APPEAL THE ADVERSE ACTION AND
149		-	, IF THE ONLINE DATING
150		-	SERVICE PERMITS AN APPEAL
151		-	, THE APPEAL PROCESS;
152		-	(f) A
153		-	DESCRIPTION OF WHETHER AND WHEN THE ONLINE DATING
154		-	PAGE 4-SENATE BILL 24-011 SERVICE, AFTER RECEIVING A REPORT OF PROHIBITED CONTENT AND
155		-	CONDUCT COMMITTED BY A MEMBER
156		-	, PROVIDES ACTUAL NOTICE THAT IT
157		-	RECEIVED THE REPORT TO OTHER MEMBERS WHO HAVE HAD CONTACT WITH
158		-	THE MEMBER WHO WAS THE SUBJECT OF THE REPORT AND
159		-	, IF SO, THE TYPES
160		-	OF CONTENT AND CONDUCT THAT RESULT IN PROVIDING A NOTICE AND THE
161		-	PROCESS FOR PROVIDING THE NOTICE
162		-	;
163		-	(g) C
164		-	LEAR GUIDELINES FOR REPORTING TO THE ONLINE DATING
165		-	SERVICE PROHIBITED CONTENT AND CONDUCT COMMITTED BY A MEMBER
166		-	AGAINST ANOTHER MEMBER
167		-	. THE GUIDELINES MUST WARN MEMBERS NOT TO
168		-	SUBMIT FALSE REPORTS OR REPORT FOR MALICIOUS
169		-	, BIASED, OR OTHER
170		-	ILLEGITIMATE REASONS
171		-	.
172		-	(h) A NOTICE THAT ENGAGING IN SEXUAL CONDUCT WITH ANOTHER
173		-	PERSON WITHOUT THE OTHER PERSON
174		-	'S CONSENT VIOLATES THE SAFETY
175		-	POLICY
176		-	, IS AGAINST THE LAW, AND MAY RESULT IN CRIMINAL OR CIVIL
177		-	LIABILITY
178		-	;
179		-	(i) I
180		-	NFORMATION ABOUT RESOURCES AVAILABLE FOR MEMBERS IN
181		-	COLORADO WHO EXPERIENCE SEXUAL ASSAULT , DOMESTIC VIOLENCE, AND
182		-	OTHER CRIMES
183		-	; AND
184		-	(j) A LIST OF SAFETY MEASURES TAKEN BY THE PLATFORM THAT ARE
185		-	REASONABLY DESIGNED TO PROMOTE SAFER ONLINE AND IN
186		-	-PERSON DATING
187		-	EXPERIENCES FOR MEMBERS
188		-	.
	211	+	21
	212	+	PERMITS A MEMBER WHO WAS SUSPENDED OR BARRED AS A RESULT OF22
	213	+	REPORTS OF PROHIBITED CONTENT AND C ONDUCT COMMITTED BY THE23
	214	+	MEMBER TO APPEAL THE ADVERSE ACTION AND , IF THE ONLINE DATING24
	215	+	SERVICE PERMITS AN APPEAL, THE APPEAL PROCESS;25
	216	+	(f) A DESCRIPTION OF WHETHER AND WHEN THE ONLINE DATING26
	217	+	SERVICE, AFTER RECEIVING A REPORT OF PROHIBITED CONTENT AND27
	218	+	011
	219	+	-6- CONDUCT COMMITTED BY A MEMBER, PROVIDES ACTUAL NOTICE THAT IT1
	220	+	RECEIVED THE REPORT TO OTHER MEMBERS WHO HAVE HAD CONTACT2
	221	+	WITH THE MEMBER WHO WAS THE SUBJECT OF THE REPORT AND , IF SO, THE3
	222	+	TYPES OF CONTENT AND CONDUCT THAT RESULT IN PROVIDING A NOTICE4
	223	+	AND THE PROCESS FOR PROVIDING THE NOTICE ;5
	224	+	(g) CLEAR GUIDELINES FOR REPORTING TO THE ONLINE DATING6
	225	+	SERVICE PROHIBITED CONTENT AND CONDUCT COMMITTED BY A MEMBER7
	226	+	AGAINST ANOTHER MEMBER . THE GUIDELINES MUST WARN MEMBERS NOT8
	227	+	TO SUBMIT FALSE REPORTS OR REPORT FOR MALICIOUS , BIASED, OR OTHER9
	228	+	ILLEGITIMATE REASONS. 10
	229	+	(h) A NOTICE THAT ENGAGING IN SEXUAL CONDUCT WITH ANOTHER11
	230	+	PERSON WITHOUT THE OTHER PERSON 'S CONSENT VIOLATES THE SAFETY12
	231	+	POLICY, IS AGAINST THE LAW, AND MAY RESULT IN CRIMINAL OR CIVIL13
	232	+	LIABILITY;14
	233	+	(i) INFORMATION ABOUT RESOURCES AVAILABLE FOR MEMBERS IN15
	234	+	C
	235	+	OLORADO WHO EXPERIENCE SEXUAL ASSAULT , DOMESTIC VIOLENCE, AND
	236	+	16
	237	+	OTHER CRIMES; AND17
	238	+	(j) A LIST OF SAFETY MEASURES TAKEN BY THE PLATFORM THAT18
	239	+	ARE REASONABLY DESIGNED TO PROMOTE SAFER ONLINE AND IN -PERSON19
	240	+	DATING EXPERIENCES FOR MEMBERS .20
189	241		(3) A
190	242		N ONLINE DATING SERVICE SHALL POST A CLEAR AND
191		-	CONSPICUOUS LINK TO THE SERVICE
192		-	'S SAFETY POLICY ON THE MAIN PAGE OF
193		-	ITS WEBSITE AND ON THE SETTINGS
194		-	, OR A SIMILAR SCREEN, OF ITS MOBILE
195		-	APPLICATION
196		-	, IF APPLICABLE, AND INCLUDE A LINK TO THE SAFETY POLICY
197		-	IN A DATING SERVICE CONTRACT DESCRIBED IN SECTION
198		-	6-1-731. THE TEXT
199		-	OF EACH LINK MUST EXPLICITLY INFORM A
200		-	COLORADO MEMBER THAT THE
201		-	LINK NAVIGATES THE MEMBER TO THE ONLINE DATING SERVICE
202		-	'S SAFETY
203		-	POLICY
204		-	.
	243	+	21
	244	+	CONSPICUOUS LINK TO THE SERVICE'S SAFETY POLICY ON THE MAIN PAGE22
	245	+	OF ITS WEBSITE AND ON THE SETTINGS , OR A SIMILAR SCREEN, OF ITS23
	246	+	MOBILE APPLICATION, IF APPLICABLE, AND INCLUDE A LINK TO THE SAFETY24
	247	+	POLICY IN A DATING SERVICE CONTRACT DESCRIBED IN SECTION 6-1-731.25
	248	+	T
	249	+	HE TEXT OF EACH LINK MUST EXPLICITLY INFORM A COLORADO MEMBER
	250	+	26
	251	+	THAT THE LINK NAVIGATES THE MEMBER TO THE ONLINE DATING SERVICE 'S27
	252	+	011
	253	+	-7- SAFETY POLICY.1
205	254		(4) (a) A
206		-	N ONLINE DATING SERVICE SHALL SUBMIT THE URL FOR ITS
207		-	SAFETY POLICY POSTED ON ITS WEBSITE TO THE ATTORNEY GENERAL
208		-	'S
209		-	OFFICE WITHIN FIFTEEN DAYS AFTER ENACTING THE SAFETY POLICY
210		-	. IF AN
211		-	ONLINE DATING SERVICE UPDATES THE
212		-	URL FOR ITS SAFETY POLICY, IT
213		-	SHALL SUBMIT THE UPDATED
214		-	URL TO THE ATTORNEY GENERAL 'S OFFICE
215		-	PAGE 5-SENATE BILL 24-011 WITHIN SEVEN DAYS AFTER UPDATING THE URL.
	255	+	N ONLINE DATING SERVICE SHALL SUBMIT THE URL FOR
	256	+	2
	257	+	ITS SAFETY POLICY POSTED ON ITS WEBSITE TO THE ATTORNEY GENERAL 'S3
	258	+	OFFICE WITHIN FIFTEEN DAYS AFTER ENACTING THE SAFETY POLICY . IF AN4
	259	+	ONLINE DATING SERVICE UPDATES THE URL FOR ITS SAFETY POLICY, IT5
	260	+	SHALL SUBMIT THE UPDATED URL TO THE ATTORNEY GENERAL'S OFFICE6
	261	+	WITHIN SEVEN DAYS AFTER UPDATING THE URL.7
216	262		(b) O
217		-	N OR BEFORE JANUARY 31, 2026, AND ON OR BEFORE ~~JANUARY~~
218		-	~~31 OF EACH YEAR THEREAFTER, AN ONLINE DATING SERVICE SHALL SUBMIT~~
219		-	~~AN ANNUAL REPORT TO THE ATTORNEY GENERAL~~
220		-	~~'S OFFICE CONCERNING~~
221		-	~~MEMBER SAFETY AND THE ONLINE DATING SERVICE~~
222		-	'S ~~COMPLIANCE WITH THIS~~
223		-	~~SECTION~~
224		-	. THE REPORT MUST INCLUDE ~~THE INFORMATION REQUIRED BY THE~~
225		-	RULES PROMULGATED PURSUANT TO ~~THIS SECTION~~
226		-	.
	263	+	N OR BEFORE JANUARY 31, 2026, AND ON OR BEFORE
	264	+	8
	265	+	J
	266	+	ANUARY 31 OF EACH YEAR THEREAFTER , AN ONLINE DATING SERVICE
	267	+	9
	268	+	SHALL SUBMIT AN ANNUAL REPORT TO THE ATTORNEY GENERAL 'S OFFICE10
	269	+	CONCERNING MEMBER SAFETY AND THE ONLINE DATING SERVICE 'S11
	270	+	COMPLIANCE WITH THIS SECTION . THE REPORT MUST INCLUDE THE12
	271	+	INFORMATION REQUIRED BY THE RULES PROMULGATED PURSUANT TO THIS13
	272	+	SECTION.14
227	273		(c) T
228		-	HE REPORT REQUIRED PURSUANT TO SUBSECTION (4)(b) OF THIS
229		-	SECTION IS ONLY REQUIRED TO INCLUDE INFORMATION ABOUT A MEMBER
230		-	LOCATED IN
231		-	, OR REPORTS MADE BY A MEMBER LOCATED IN , COLORADO, IF
232		-	THAT INFORMATION IS AVAILABLE
233		-	. IF THAT INFORMATION IS NOT AVAILABLE,
234		-	THE REPORT MUST INCLUDE INFORMATION FROM THE ENTIRE UNITED
235		-	STATES.
	274	+	HE REPORT REQUIRED PURSUANT TO SUBSECTION (4)(b) OF
	275	+	15
	276	+	THIS SECTION IS ONLY REQUIRED TO INCLUDE INFORMATION ABOUT A16
	277	+	MEMBER LOCATED IN, OR REPORTS MADE BY A MEMBER LOCATED IN ,17
	278	+	C
	279	+	OLORADO, IF THAT INFORMATION IS AVAILABLE. IF THAT INFORMATION
	280	+	18
	281	+	IS NOT AVAILABLE, THE REPORT MUST INCLUDE INFORMATION FROM THE19
	282	+	ENTIRE UNITED STATES.20
236	283		(4.5) T
237		-	HE ATTORNEY GENERAL SHALL PROMULGATE RULES TO CARRY
238		-	OUT THIS SECTION
239		-	. THE RULES MAY INCLUDE THE PROCESS FOR AN ONLINE
240		-	DATING SERVICE TO SUBMIT TO THE ATTORNEY GENERAL
241		-	'S OFFICE THE URL
242		-	FOR ITS SAFETY POLICY.
	284	+	HE ATTORNEY GENERAL
	285	+	SHALL PROMULGATE RULES TO21
	286	+	CARRY OUT THIS SECTION. THE RULES MAY INCLUDE THE PROCESS FOR AN22
	287	+	ONLINE DATING SERVICE TO SUBMIT TO THE ATTORNEY GENERAL 'S OFFICE23
	288	+	THE URL FOR ITS SAFETY POLICY. 24
243	289		(5) T
244		-	HE ATTORNEY GENERAL'S OFFICE SHALL POST ON A PUBLIC PAGE
245		-	OF ITS WEBSITE A LINK TO EACH SAFETY POLICY AND EACH ANNUAL REPORT
246		-	FILED WITH THE OFFICE PURSUANT TO SUBSECTION
247		-	(4) OF THIS SECTION BY
248		-	EACH ONLINE DATING SERVICE
249		-	.
	290	+	HE ATTORNEY GENERAL'S OFFICE SHALL POST ON A PUBLIC25
	291	+	PAGE OF ITS WEBSITE A LINK TO EACH SAFETY POLICY AND EACH ANNUAL26
	292	+	REPORT FILED WITH THE OFFICE PURSUANT TO SUBSECTION (4) OF THIS27
	293	+	011
	294	+	-8- SECTION BY EACH ONLINE DATING SERVICE .1
250	295		(6)
251		-	PRIOR TO COMMENCING AN ENFORCEMENT ACTION PURSUANT TO
252		-	THIS ARTICLE
253		-	1 AGAINST AN ONLINE DATING SERVICE THAT REGISTERS ITS
254		-	FIRST MEMBER IN THIS STATE AFTER THE EFFECTIVE DATE OF THIS SECTION
255		-	FOR THE SERVICE
256		-	'S FIRST VIOLATION OF THIS SECTION, THE ATTORNEY
257		-	GENERAL OR A DISTRICT ATTORNEY MUST ISSUE A NOTICE OF VIOLATION TO
258		-	THE ONLINE DATING SERVICE IF THE ATTORNEY GENERAL OR DISTRICT
259		-	ATTORNEY DETERMINES THAT IT IS POSSIBLE FOR THE ONLINE DATING
260		-	SERVICE TO CURE THE VIOLATION
261		-	. IF THE ONLINE DATING SERVICE FAILS TO
262		-	CURE THE VIOLATION WITHIN THIRTY DAYS OF RECEIVING THE NOTICE OF
263		-	VIOLATION
264		-	, THE ATTORNEY GENERAL OR DISTRICT ATTORNEY MAY BRING AN
265		-	ENFORCEMENT ACTION PURSUANT TO THIS ARTICLE
266		-	1.
	296	+	PRIOR TO COMMENCING AN ENFORCEMENT ACTION PURSUANT
	297	+	2
	298	+	TO THIS ARTICLE 1 AGAINST AN ONLINE DATING SERVICE THAT REGISTERS3
	299	+	ITS FIRST MEMBER IN THIS STATE AFTER THE EFFECTIVE DATE OF THIS4
	300	+	SECTION FOR THE SERVICE'S FIRST VIOLATION OF THIS SECTION , THE5
	301	+	ATTORNEY GENERAL OR A DISTRICT ATTORNEY MUST ISSUE A NOTICE OF6
	302	+	VIOLATION TO THE ONLINE DATING SERVICE IF THE ATTORNEY GENERAL OR7
	303	+	DISTRICT ATTORNEY DETERMINES THAT IT IS POSSIBLE FOR THE ONLINE8
	304	+	DATING SERVICE TO CURE THE VIOLATION. IF THE ONLINE DATING SERVICE9
	305	+	FAILS TO CURE THE VIOLATION WITHIN THIRTY DAYS OF RECEIVING THE10
	306	+	NOTICE OF VIOLATION, THE ATTORNEY GENERAL OR DISTRICT ATTORNEY11
	307	+	MAY BRING AN ENFORCEMENT ACTION PURSUANT TO THIS ARTICLE 1.12
267	308		(7) (a) N
268		-	OTHING IN THIS SECTION ALTERS THE SCOPE OF THE FEDERAL
269		-	"COMMUNICATIONS DECENCY ACT OF 1996", 47 U.S.C. SEC. 230.
270		-	PAGE 6-SENATE BILL 24-011 (b) NOTHING IN THIS SECTION LIMITS ANY RIGHTS OR REMEDIES OF
271		-	AN INJURED PARTY THAT ARE AVAILABLE UNDER
272		-	COLORADO LAW NOR
273		-	REMOVES ANY REMEDIES AVAILABLE TO AN INJURED PERSON PRIOR TO THE
274		-	EFFECTIVE DATE OF THIS SECTION
275		-	.
	309	+	OTHING IN THIS SECTION ALTERS THE SCOPE OF THE
	310	+	13
	311	+	FEDERAL "COMMUNICATIONS DECENCY ACT OF 1996", 47 U.S.C. SEC.14
	312	+	230.15
	313	+	(b) N
	314	+	OTHING IN THIS SECTION LIMITS ANY RIGHTS OR REMEDIES OF
	315	+	16
	316	+	AN INJURED PARTY THAT ARE AVAILABLE UNDER COLORADO LAW NOR17
	317	+	REMOVES ANY REMEDIES AVAILABLE TO AN INJURED PERSON PRIOR TO THE18
	318	+	EFFECTIVE DATE OF THIS SECTION.19
276	319		(c) A
277	320		N ONLINE DATING SERVICE IS NOT LIABLE TO A BARRED OR
278		-	SUSPENDED MEMBER FOR TAKING
279		-	, IN GOOD FAITH, REMEDIAL ACTION IN
280		-	ACCORDANCE WITH ITS MEMBERSHIP AGREEMENT AGAINST A MEMBER FOR
281		-	VIOLATING THE SERVICE
282		-	'S SAFETY POLICY.
283		-	SECTION 3. In Colorado Revised Statutes, 6-1-105, amend
284		-	(1)(cccc); and add (1)(gggg) as follows:
285		-	6-1-105. Unfair or deceptive trade practices. (1) A person
286		-	engages in a deceptive trade practice when, in the course of the person's
287		-	business, vocation, or occupation, the person:
288		-	(cccc) Sells or offers for sale a product that is age-restricted to a
289		-	person who does not meet the age restriction; or(gggg) VIOLATES SECTION 6-1-731.5.
290		-	SECTION 4. In Colorado Revised Statutes, add part 13 to article
291		-	20 of title 13 as follows:
292		-	PART 13
293		-	MISCELLANEOUS ACTIONS
294		-	13-20-1301. Actions for tracking a person without consent -
	321	+	20
	322	+	SUSPENDED MEMBER FOR TAKING , IN GOOD FAITH, REMEDIAL ACTION IN21
	323	+	ACCORDANCE WITH ITS MEMBERSHIP AGREEMENT AGAINST A MEMBER FOR22
	324	+	VIOLATING THE SERVICE'S SAFETY POLICY.23
	325	+	24
	326	+	SECTION 3. In Colorado Revised Statutes, 6-1-105, amend25
	327	+	(1)(cccc); and add (1)(eeee) as follows:26
	328	+	6-1-105. Unfair or deceptive trade practices. (1) A person27
	329	+	011
	330	+	-9- engages in a deceptive trade practice when, in the course of the person's1
	331	+	business, vocation, or occupation, the person:2
	332	+	(cccc) Sells or offers for sale a product that is age-restricted to a3
	333	+	person who does not meet the age restriction; or4
	334	+	5
	335	+	(eeee) V
	336	+	IOLATES SECTION
	337	+	6-1-731.5.6
	338	+	7
	339	+	8
	340	+	SECTION 4. In Colorado Revised Statutes, add part 13 to article9
	341	+	20 of title 13 as follows:10
	342	+	PART 1311
	343	+	MISCELLANEOUS ACTIONS12
	344	+	13-20-1301. Actions for tracking a person without consent -13
295	345		definitions. (1) A
296		-	S USED IN THIS SECTION, UNLESS THE CONTEXT
297		-	OTHERWISE REQUIRES
298		-	:
	346	+	S USED IN THIS SECTION, UNLESS THE CONTEXT14
	347	+	OTHERWISE REQUIRES:15
299	348		(a) "A
300		-	CTOR" MEANS A PERSON WHO TRACKS ANOTHER PERSON
301		-	THROUGH THE USE OF A TRACKING APPLICATION OR TRACKING DEVICE
302		-	.
	349	+	CTOR" MEANS A PERSON WHO TRACKS ANOTHER PERSON16
	350	+	THROUGH THE USE OF A TRACKING APPLICATION OR TRACKING DEVICE .17
303	351		(b) "T
304		-	RACKING APPLICATION" MEANS ANY SOFTWARE ~~PROGRAM~~
305		-	THAT PERMITS AN ACTOR TO REMOTELY DETERMINE OR TRACK ~~THE POSITION~~
306		-	OR MOVEMENT OF ANOTHER PERSON OR ANOTHER PERSON
307		-	'S PROPERTY.
	352	+	RACKING APPLICATION" MEANS ANY SOFTWARE PROGRAM18
	353	+	THAT PERMITS AN ACTOR TO REMOTELY DETERMINE OR TRACK THE19
	354	+	POSITION OR MOVEMENT OF ANOTHER PERSON OR ANOTHER PERSON 'S20
	355	+	PROPERTY.21
308	356		(c) "T
309		-	RACKING DEVICE" MEANS AN ELECTRONIC OR MECHANICAL
310		-	PAGE 7-SENATE BILL 24-011 DEVICE THAT PERMITS AN ACTOR TO REMOTELY DETERMINE OR TRACK THE
311		-	POSITION OR MOVEMENT OF ANOTHER PERSON OR ANOTHER PERSON
312		-	'S
313		-	PERSONAL PROPERTY
314		-	.
	357	+	RACKING DEVICE" MEANS AN ELECTRONIC OR MECHANICAL22
	358	+	DEVICE THAT PERMITS AN ACTOR TO REMOTELY DETERMINE OR TRACK THE23
	359	+	POSITION OR MOVEMENT OF ANOTHER PERSON OR ANOTHER PERSON 'S24
	360	+	PERSONAL PROPERTY.25
315	361		(2) (a) A
316		-	PERSON WHO WAS TRACKED BY MEANS OF A TRACKING
317		-	DEVICE OR TRACKING APPLICATION MAY BRING A CLAIM FOR DAMAGES
318		-	,
319		-	INCLUDING NONECONOMIC LOSS OR INJURY , AGAINST THE ACTOR WHO
320		-	INSTALLED A TRACKING DEVICE ON THE PERSON
321		-	'S PERSONAL PROPERTY
322		-	WITHOUT THE PERSON
323		-	'S CONSENT OR WHO CAUSED A TRACKING DEVICE OR
324		-	TRACKING APPLICATION TO TRACK THE POSITION OR MOVEMENT OF THE
325		-	PERSON OR PERSON
326		-	'S PERSONAL PROPERTY WITHOUT THE PERSON 'S CONSENT.
327		-	A
328		-	N ACTOR IS LIABLE TO THE EXTENT THE ACTOR 'S CONDUCT WAS THE
329		-	PROXIMATE CAUSE OF THE HARM CAUSED BY THE TRACKING DEVICE OR
330		-	TRACKING APPLICATION
331		-	.
	362	+	PERSON WHO WAS TRACKED BY MEANS OF A TRACKING26
	363	+	DEVICE OR TRACKING APPLICATION MAY BRING A CLAIM FOR DAMAGES ,27
	364	+	011
	365	+	-10- INCLUDING NONECONOMIC LOSS OR INJURY , AGAINST THE ACTOR WHO1
	366	+	INSTALLED A TRACKING DEVICE ON THE PERSON 'S PERSONAL PROPERTY2
	367	+	WITHOUT THE PERSON'S CONSENT OR WHO CAUSED A TRACKING DEVICE OR3
	368	+	TRACKING APPLICATION TO TRACK THE POSITION OR MOVEMENT OF THE4
	369	+	PERSON OR PERSON'S PERSONAL PROPERTY WITHOUT THE PERSON 'S5
	370	+	CONSENT. AN ACTOR IS LIABLE TO THE EXTENT THE ACTOR 'S CONDUCT6
	371	+	WAS THE PROXIMATE CAUSE OF THE HARM CAUSED BY THE TRACKING7
	372	+	DEVICE OR TRACKING APPLICATION.8
332	373		(b) A
333		-	PERSON WHO HAS GIVEN CONSENT FOR AN ACTOR TO INSTALL
334		-	A TRACKING DEVICE OR TRACKING APPLICATION ON THE CONSENTING
335		-	PERSON
336		-	'S PERSONAL PROPERTY MAY REVOKE THE CONSENT AT ANY TIME
337		-	AND MAY BRING A CLAIM PURSUANT TO THIS SECTION FOR TRACKING THAT
338		-	OCCURRED AFTER THE PERSON REVOKED CONSENT
339		-	.
	374	+	PERSON WHO HAS GIVEN CONSENT FOR AN ACTOR TO INSTALL9
	375	+	A TRACKING DEVICE OR TRACKING APPLICATION ON THE CONSENTING10
	376	+	PERSON'S PERSONAL PROPERTY MAY REVOKE THE CONSENT AT ANY TIME11
	377	+	AND MAY BRING A CLAIM PURSUANT TO THIS SECTION FOR TRACKING THAT12
	378	+	OCCURRED AFTER THE PERSON REVOKED CONSENT .13
340	379		(3) N
341		-	OTWITHSTANDING SUBSECTION (2) OF THIS SECTION, A PERSON
342		-	SHALL NOT BRING A CLAIM AGAINST A LAW ENFORCEMENT AGENCY OR
343		-	PEACE OFFICER FOR ACTIONS TAKEN AS PART OF A CRIMINAL INVESTIGATION
344		-	;
345		-	A PEACE OFFICER ACTING WITHIN THE SCOPE OF THE PEACE OFFICER 'S
346		-	OFFICIAL DUTIES
347		-	; A PUBLIC HIGHWAY AUTHORITY, CREATED PURSUANT TO
348		-	PART
349		-	5 OF ARTICLE 4 OF TITLE 43, ACTING WITHIN THE SCOPE OF ITS
350		-	AUTHORITY TO COLLECT TOLLS
351		-	; THE HIGH PERFORMANCE TRANSPORTATION
352		-	ENTERPRISE CREATED IN SECTION
353		-	43-4-806 ACTING WITHIN THE SCOPE OF ITS
354		-	AUTHORITY TO COLLECT TOLLS AND ENFORCE TOLL AND SAFETY
355		-	VIOLATIONS
356		-	; OR A PARENT OR LEGAL GUARDIAN OF A MINOR CHILD FOR
357		-	TRACKING THE MINOR CHILD
358		-	.
359		-	SECTION 5. In Colorado Revised Statutes, 18-7-107, amend (1)(a)
360		-	introductory portion; and add (2.5) as follows:
361		-	18-7-107. Posting a private image for harassment - definitions.
362		-	(1) (a) An actor who is eighteen years of age or older commits the offense
363		-	of posting a private image for harassment if he or she
364		-	THE ACTOR posts or
365		-	distributes through the use of social media or any website any photograph,
366		-	PAGE 8-SENATE BILL 24-011 video, or other image displaying the REAL OR SIMULATED private intimate
367		-	parts of an identified or identifiable person eighteen years of age or older
368		-	or an image displaying sexual acts of an identified or identifiable person:
	380	+	OTWITHSTANDING SUBSECTION (2) OF THIS SECTION, A14
	381	+	PERSON SHALL NOT BRING A CLAIM AGAINST A LAW ENFORCEMENT15
	382	+	AGENCY OR PEACE OFFICER FOR ACTIONS TAKEN AS PART OF A CRIMINAL16
	383	+	INVESTIGATION;
	384	+	A PEACE OFFICER ACTING WITHIN THE SCOPE OF THE17
	385	+	PEACE OFFICER'S OFFICIAL DUTIES; A PUBLIC HIGHWAY AUTHORITY ,18
	386	+	CREATED PURSUANT TO PART 5 OF ARTICLE 4 OF TITLE 43, ACTING WITHIN19
	387	+	THE SCOPE OF ITS AUTHORITY TO COLLECT TOLLS; THE HIGH PERFORMANCE20
	388	+	TRANSPORTATION ENTERPRISE CREATED IN SECTION 43-4-806 ACTING21
	389	+	WITHIN THE SCOPE OF ITS AUTHORITY TO COLLECT TOLLS AND ENFORCE22
	390	+	TOLL AND SAFETY VIOLATIONS; OR A PARENT OR LEGAL GUARDIAN OF A23
	391	+	MINOR CHILD FOR TRACKING THE MINOR CHILD .24
	392	+	SECTION 5. In Colorado Revised Statutes, 18-7-107, amend25
	393	+	(1)(a) introductory portion; and add (2.5) as follows:26
	394	+	18-7-107. Posting a private image for harassment - definitions.27
	395	+	011
	396	+	-11- (1) (a) An actor who is eighteen years of age or older commits the1
	397	+	offense of posting a private image for harassment if he or she THE ACTOR2
	398	+	posts or distributes through the use of social media or any website any3
	399	+	photograph, video, or other image displaying the
	400	+	REAL OR SIMULATED
	401	+	4
	402	+	private intimate parts of an identified or identifiable person eighteen years5
	403	+	of age or older or an image displaying sexual acts of an identified or6
	404	+	identifiable person:7
369	405		(2.5) I
370	406		T IS NOT A DEFENSE TO AN ALLEGED VIOLATION OF THIS
371		-	SECTION THAT THE IMAGE IS PARTIALLY DIGITALLY CREATED OR ALTERED OR
372		-	THAT THE PRIVATE INTIMATE PARTS WERE DIGITALLY CREATED OR ALTERED
373		-	.
374		-	SECTION 6. In Colorado Revised Statutes, 18-7-108, amend (1)(a)
375		-	introductory portion; and add (2.5) as follows:
376		-	18-7-108. Posting a private image for pecuniary gain -
377		-	definitions. (1) (a) An actor who is eighteen years of age or older commits
378		-	the offense of posting a private image for pecuniary gain if he or she
379		-	THE
380		-	ACTOR
381		-	posts or distributes through social media or any website any
382		-	photograph, video, or other image displaying the
	407	+	8
	408	+	SECTION THAT THE IMAGE IS PARTIALLY DIGITALLY CREATED OR ALTERED9
	409	+	OR THAT THE PRIVATE INTIMATE PARTS WERE DIGITALLY CREATED OR10
	410	+	ALTERED.11
	411	+	SECTION 6. In Colorado Revised Statutes, 18-7-108, amend12
	412	+	(1)(a) introductory portion; and add (2.5) as follows:13
	413	+	18-7-108. Posting a private image for pecuniary gain -14
	414	+	definitions. (1) (a) An actor who is eighteen years of age or older15
	415	+	commits the offense of posting a private image for pecuniary gain if he16
	416	+	or she THE ACTOR posts or distributes through social media or any website17
	417	+	any photograph, video, or other image displaying the
383	418		REAL OR SIMULATED
384		-	private intimate parts of an identified or identifiable person eighteen years
385		-	of age or older or an image displaying sexual acts of an identified or
386		-	identifiable person:
	419	+	18
	420	+	private intimate parts of an identified or identifiable person eighteen years19
	421	+	of age or older or an image displaying sexual acts of an identified or20
	422	+	identifiable person:21
387	423		(2.5) I
388	424		T IS NOT A DEFENSE TO AN ALLEGED VIOLATION OF THIS
389		-	~~SECTION THAT THE IMAGE IS PARTIALLY DIGITALLY CREATED OR ALTERED OR~~
390		-	THAT THE ~~PRIVATE INTIMATE PARTS WERE~~ DIGITALLY CREATED OR ~~ALTERED~~
391		-	.
392		-	~~SECTION 7~~. ~~In Colorado Revised Statutes, 18-7-109, amend (8)~~
393		-	~~introductory portion and~~ (8)~~(b) as follows:~~
394		-	~~18-7-109. Posting,~~ ~~possession, or exchange of a private image by~~
395		-	~~a juvenile - definitions - penalties. (8) As used in this section,~~
396		-	~~UNLESS THE~~
397		-	~~CONTEXT OTHERWISE REQUIRES~~
398		-	:
399		-	(b) "Sexually explicit image" means any electronic or ~~digital~~
	425	+	22
	426	+	SECTION THAT THE IMAGE IS PARTIALLY DIGITALLY CREATED OR ALTERED23
	427	+	OR THAT THE PRIVATE INTIMATE PARTS WERE DIGITALLY CREATED OR24
	428	+	ALTERED.25
	429	+	SECTION 7. In Colorado Revised Statutes, 18-7-109, amend (8)26
	430	+	introductory portion and (8)(b) as follows:27
	431	+	011
	432	+	-12- 18-7-109. Posting, possession, or exchange of a private image1
	433	+	by a juvenile - definitions - penalties. (8) As used in this section,2
	434	+	UNLESS THE CONTEXT OTHERWISE REQUIRES :3
	435	+	(b) "Sexually explicit image" means any electronic or digital4
400	436		photograph, video, or video depiction of the
401	437		REAL OR SIMULATED external
402		-	genitalia or perineum or anus or buttocks or pubes of any person or the
403		-	REAL OR SIMULATED breast of a female person.
404		-	SECTION 8. Act subject to petition - effective date -
405		-	applicability. (1) This act takes effect at 12:01 a.m. on the day following
406		-	the expiration of the ninety-day period after final adjournment of the
407		-	general assembly; except that, if a referendum petition is filed pursuant to
408		-	PAGE 9-SENATE BILL 24-011 section 1 (3) of article V of the state constitution against this act or an item,
409		-	section, or part of this act within such period, then the act, item, section, or
410		-	part will not take effect unless approved by the people at the general
411		-	election to be held in November 2024 and, in such case, will take effect on
412		-	the date of the official declaration of the vote thereon by the governor.
413		-	(2) This act applies to offenses committed and claims filed on or
414		-	after the applicable effective date of this act.
415		-	____________________________ ____________________________
416		-	Steve Fenberg
417		-	Julie McCluskie
418		-	PRESIDENT OF SPEAKER OF THE HOUSE
419		-	THE SENATE OF REPRESENTATIVES
420		-	____________________________ ____________________________
421		-	Cindi L. Markwell Robin Jones
422		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
423		-	THE SENATE OF REPRESENTATIVES
424		-	APPROVED________________________________________
425		-	(Date and Time)
426		-	_________________________________________
427		-	Jared S. Polis
428		-	GOVERNOR OF THE STATE OF COLORADO
429		-	PAGE 10-SENATE BILL 24-011
	438	+	5
	439	+	genitalia or perineum or anus or buttocks or pubes of any person or the6
	440	+	REAL OR SIMULATED breast of a female person.7
	441	+	8
	442	+	SECTION 8. Act subject to petition - effective date -9
	443	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following10
	444	+	the expiration of the ninety-day period after final adjournment of the11
	445	+	general assembly; except that, if a referendum petition is filed pursuant12
	446	+	to section 1 (3) of article V of the state constitution against this act or an13
	447	+	item, section, or part of this act within such period, then the act, item,14
	448	+	section, or part will not take effect unless approved by the people at the15
	449	+	general election to be held in November 2024 and, in such case, will take16
	450	+	effect on the date of the official declaration of the vote thereon by the17
	451	+	governor.18
	452	+	(2) This act applies to offenses committed and claims filed on or19
	453	+	after the applicable effective date of this act.20
	454	+	011
	455	+	-13-