SENATE BILL 24-011
BY SENATOR(S) Winter F. and Cutter, Buckner, Coleman, Danielson,
Exum, Fields, Ginal, Gonzales, Hansen, Jaquez Lewis, Kolker, Marchman,
Michaelson Jenet, Mullica, Priola, Roberts, Rodriguez;
also REPRESENTATIVE(S) Duran and Willford, Amabile, Bacon, Bird,
Clifford, deGruy Kennedy, English, Froelich, Herod, Lindsay, Parenti,
Pugliese, Ricks, Rutinel, Titone, Weissman, Young.
C
ONCERNING MEASURES TO INCREASE PROTECTION FROM HARM CAUSED
THROUGH THE USE OF TECHNOLOGY
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Three in ten adults, including half of 18- to 29-year-olds, in the
United States have used a dating site or app;
(b) 31% of women on dating apps surveyed had been sexually
assaulted or raped by someone they met through a dating app;
(c) Three in four users experienced dating app-facilitated sexual
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. violence, with the highest rates among LGBTQIA users;
(d) It is relatively easy for minors to create profiles and use dating
apps, because most apps do not verify the identity or age of the account
holder;
(e) Predators have repeatedly used dating app platforms for serial
criminal enterprises for financial fraud, as well as stalking, homicide, and
rape;
(f) Colorado is in the top five most dangerous states for online
dating;
(g) The small size and inexpensive nature of available tracking
devices enable tracking devices to increasingly be used to track people and
their property without consent;
(h) From 2019 to 2023, there was a 550% increase in sexual
deepfakes published online;
(i) Intimate image abuse, including images that are digitally created
or altered, affects survivors' mental health, including a high risk of suicide,
and may negatively impact survivors' employment prospects, academic
success, and physical well-being; and
(j) The risks and reality of technology-facilitated crimes impacts the
public and is a matter of statewide public safety and concern.
(2) Therefore, in order to improve the public health, safety, and
welfare of Coloradans, it is necessary to ensure that:
(a) Each online dating service develops thoughtful and transparent
safety policies that are posted in a conspicuous place on the service's
website or app for users;
(b) Online dating services take prompt remedial action for
misconduct carried out through dating sites or apps;
(c) Data regarding the frequency of reported misconduct and the
responses of dating sites or apps is tracked and available to consumers;
PAGE 2-SENATE BILL 24-011 (d) An online dating service can be held accountable when it fails
to act on reports of misconduct or criminal attacks;
(e) Consent is required for tracking a person or another's property;
and
(f) Existing intimate image abuse laws include deepfakes and
digitally altered images.
SECTION 2. In Colorado Revised Statutes, add 6-1-731.5 as
follows:
6-1-731.5. Online dating services - deceptive trade practice -
policy required - report - rules - definitions. (1) A
S USED IN THIS
SECTION
, UNLESS THE CONTEXT OTHERWISE REQUIRES :
(a) "M
EMBER" AND "MEMBER IN THIS STATE" HAVE THE SAME
MEANING SET FORTH IN SECTION
6-1-731.
(b) "M
ISCONDUCT THAT THREATENS PUBLIC OR PERSONAL SAFETY "
MEANS AN ACT, THREATENED ACT, OR ATTEMPTED ACT OF HOMICIDE ,
UNLAWFUL SEXUAL BEHAVIOR , ASSAULT, KIDNAPPING, STALKING,
HARASSMENT, INVOLUNTARY INTOXICATION , ROBBERY, THEFT, OR ANY
OTHER CONDUCT THAT THREATENS PUBLIC OR ANOTHER PERSON
'S SAFETY.
(c) "O
NLINE DATING SERVICE" HAS THE SAME MEANING SET FORTH
IN SECTION
6-1-731.
(d) "O
NLINE DATING SERVICE CONTRACT " HAS THE SAME MEANING
SET FORTH IN SECTION
6-1-731.
(e) "R
EMEDIAL ACTION" MEANS SUSPENDING THE MEMBER 'S PROFILE
FROM THE SERVICE
, BARRING THE MEMBER FROM THE SERVICE , OR
PROVIDING ACTUAL NOTICE THAT IT RECEIVED A REPORT OF PROHIBITED
CONTENT AND CONDUCT TO OTHER MEMBERS WHO HAVE HAD CONTACT ON
THE SERVICE WITH THE MEMBER WHO WAS THE SUBJECT OF THE REPORTS
.
(f) "S
AFETY POLICY" MEANS AN ONLINE DATING SERVICE'S SAFETY
POLICY REQUIRED IN SUBSECTION
(2) OF THIS SECTION.
PAGE 3-SENATE BILL 24-011 (2) AN ONLINE DATING SERVICE SHALL ADOPT A SAFETY POLICY
THAT COMPLIES WITH THIS SUBSECTION
(2). AN ONLINE DATING SERVICE
THAT HAS A MEMBER LOCATED IN THIS STATE ON THE EFFECTIVE DATE OF
THIS SECTION SHALL MAKE THE SAFETY POLICY EFFECTIVE ON OR BEFORE
JANUARY 1, 2025. AN ONLINE DATING SERVICE THAT REGISTERS ITS FIRST
MEMBER IN THIS STATE AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL
MAKE THE SAFETY POLICY EFFECTIVE ONE YEAR AFTER IT REGISTERS ITS
FIRST MEMBER IN THIS STATE
. THE SAFETY POLICY MUST INCLUDE THE
FOLLOWING
:
(a) A
DESCRIPTION OF PROHIBITED CONTENT AND CONDUCT USED BY
THE ONLINE DATING SERVICE
, WHICH MUST INCLUDE MISCONDUCT THAT
THREATENS PUBLIC OR PERSONAL SAFETY
.
(b) A
STATEMENT OF WHETHER AND UNDER WHAT CIRCUMSTANCES
THE ONLINE DATING SERVICE CONDUCTS A CRIMINAL BACKGROUND
SCREENING OF MEMBERS AND WHETHER THE ONLINE DATING SERVICE
EXCLUDES AS A MEMBER A PERSON WHO IS FOUND TO HAVE A CRIMINAL
CONVICTION AND
, IF SO, WHICH TYPES OF CRIMINAL CONVICTIONS RESULT IN
EXCLUSION
;
(c) A
DESCRIPTION OF WHETHER AND WHEN THE ONLINE DATING
SERVICE VERIFIES A MEMBER
'S IDENTITY OR THAT THE MEMBER IS AT LEAST
EIGHTEEN YEARS OF AGE
;
(d) A
DESCRIPTION OF WHETHER AND WHEN THE ONLINE DATING
SERVICE SUSPENDS A MEMBER
'S PROFILE FROM THE SERVICE AS A RESULT OF
REPORTS OF PROHIBITED CONTENT AND CONDUCT COMMITTED BY THE
MEMBER RECEIVED BY THE ONLINE DATING SERVICE AND THE
CIRCUMSTANCES UNDER WHICH THE ONLINE DATING SERVICE BARS A
MEMBER FROM THE ONLINE DATING SERVICE AS A RESULT OF RECEIVED
REPORTS
;
(e) A
DESCRIPTION OF WHETHER THE ONLINE DATING SERVICE
PERMITS A MEMBER WHO WAS SUSPENDED OR BARRED AS A RESULT OF
REPORTS OF PROHIBITED CONTENT AND CONDUCT COMMITTED BY THE
MEMBER TO APPEAL THE ADVERSE ACTION AND
, IF THE ONLINE DATING
SERVICE PERMITS AN APPEAL
, THE APPEAL PROCESS;
(f) A
DESCRIPTION OF WHETHER AND WHEN THE ONLINE DATING
PAGE 4-SENATE BILL 24-011 SERVICE, AFTER RECEIVING A REPORT OF PROHIBITED CONTENT AND
CONDUCT COMMITTED BY A MEMBER
, PROVIDES ACTUAL NOTICE THAT IT
RECEIVED THE REPORT TO OTHER MEMBERS WHO HAVE HAD CONTACT WITH
THE MEMBER WHO WAS THE SUBJECT OF THE REPORT AND
, IF SO, THE TYPES
OF CONTENT AND CONDUCT THAT RESULT IN PROVIDING A NOTICE AND THE
PROCESS FOR PROVIDING THE NOTICE
;
(g) C
LEAR GUIDELINES FOR REPORTING TO THE ONLINE DATING
SERVICE PROHIBITED CONTENT AND CONDUCT COMMITTED BY A MEMBER
AGAINST ANOTHER MEMBER
. THE GUIDELINES MUST WARN MEMBERS NOT TO
SUBMIT FALSE REPORTS OR REPORT FOR MALICIOUS
, BIASED, OR OTHER
ILLEGITIMATE REASONS
.
(h) A NOTICE THAT ENGAGING IN SEXUAL CONDUCT WITH ANOTHER
PERSON WITHOUT THE OTHER PERSON
'S CONSENT VIOLATES THE SAFETY
POLICY
, IS AGAINST THE LAW, AND MAY RESULT IN CRIMINAL OR CIVIL
LIABILITY
;
(i) I
NFORMATION ABOUT RESOURCES AVAILABLE FOR MEMBERS IN
COLORADO WHO EXPERIENCE SEXUAL ASSAULT , DOMESTIC VIOLENCE, AND
OTHER CRIMES
; AND
(j) A LIST OF SAFETY MEASURES TAKEN BY THE PLATFORM THAT ARE
REASONABLY DESIGNED TO PROMOTE SAFER ONLINE AND IN
-PERSON DATING
EXPERIENCES FOR MEMBERS
.
(3) A
N ONLINE DATING SERVICE SHALL POST A CLEAR AND
CONSPICUOUS LINK TO THE SERVICE
'S SAFETY POLICY ON THE MAIN PAGE OF
ITS WEBSITE AND ON THE SETTINGS
, OR A SIMILAR SCREEN, OF ITS MOBILE
APPLICATION
, IF APPLICABLE, AND INCLUDE A LINK TO THE SAFETY POLICY
IN A DATING SERVICE CONTRACT DESCRIBED IN SECTION
6-1-731. THE TEXT
OF EACH LINK MUST EXPLICITLY INFORM A
COLORADO MEMBER THAT THE
LINK NAVIGATES THE MEMBER TO THE ONLINE DATING SERVICE
'S SAFETY
POLICY
.
(4) (a) A
N ONLINE DATING SERVICE SHALL SUBMIT THE URL FOR ITS
SAFETY POLICY POSTED ON ITS WEBSITE TO THE ATTORNEY GENERAL
'S
OFFICE WITHIN FIFTEEN DAYS AFTER ENACTING THE SAFETY POLICY
. IF AN
ONLINE DATING SERVICE UPDATES THE
URL FOR ITS SAFETY POLICY, IT
SHALL SUBMIT THE UPDATED
URL TO THE ATTORNEY GENERAL 'S OFFICE
PAGE 5-SENATE BILL 24-011 WITHIN SEVEN DAYS AFTER UPDATING THE URL.
(b) O
N OR BEFORE JANUARY 31, 2026, AND ON OR BEFORE JANUARY
31 OF EACH YEAR THEREAFTER, AN ONLINE DATING SERVICE SHALL SUBMIT
AN ANNUAL REPORT TO THE ATTORNEY GENERAL
'S OFFICE CONCERNING
MEMBER SAFETY AND THE ONLINE DATING SERVICE
'S COMPLIANCE WITH THIS
SECTION
. THE REPORT MUST INCLUDE THE INFORMATION REQUIRED BY THE
RULES PROMULGATED PURSUANT TO THIS SECTION
.
(c) T
HE REPORT REQUIRED PURSUANT TO SUBSECTION (4)(b) OF THIS
SECTION IS ONLY REQUIRED TO INCLUDE INFORMATION ABOUT A MEMBER
LOCATED IN
, OR REPORTS MADE BY A MEMBER LOCATED IN , COLORADO, IF
THAT INFORMATION IS AVAILABLE
. IF THAT INFORMATION IS NOT AVAILABLE,
THE REPORT MUST INCLUDE INFORMATION FROM THE ENTIRE UNITED
STATES.
(4.5) T
HE ATTORNEY GENERAL SHALL PROMULGATE RULES TO CARRY
OUT THIS SECTION
. THE RULES MAY INCLUDE THE PROCESS FOR AN ONLINE
DATING SERVICE TO SUBMIT TO THE ATTORNEY GENERAL
'S OFFICE THE URL
FOR ITS SAFETY POLICY.
(5) T
HE ATTORNEY GENERAL'S OFFICE SHALL POST ON A PUBLIC PAGE
OF ITS WEBSITE A LINK TO EACH SAFETY POLICY AND EACH ANNUAL REPORT
FILED WITH THE OFFICE PURSUANT TO SUBSECTION
(4) OF THIS SECTION BY
EACH ONLINE DATING SERVICE
.
(6)
PRIOR TO COMMENCING AN ENFORCEMENT ACTION PURSUANT TO
THIS ARTICLE
1 AGAINST AN ONLINE DATING SERVICE THAT REGISTERS ITS
FIRST MEMBER IN THIS STATE AFTER THE EFFECTIVE DATE OF THIS SECTION
FOR THE SERVICE
'S FIRST VIOLATION OF THIS SECTION, THE ATTORNEY
GENERAL OR A DISTRICT ATTORNEY MUST ISSUE A NOTICE OF VIOLATION TO
THE ONLINE DATING SERVICE IF THE ATTORNEY GENERAL OR DISTRICT
ATTORNEY DETERMINES THAT IT IS POSSIBLE FOR THE ONLINE DATING
SERVICE TO CURE THE VIOLATION
. IF THE ONLINE DATING SERVICE FAILS TO
CURE THE VIOLATION WITHIN THIRTY DAYS OF RECEIVING THE NOTICE OF
VIOLATION
, THE ATTORNEY GENERAL OR DISTRICT ATTORNEY MAY BRING AN
ENFORCEMENT ACTION PURSUANT TO THIS ARTICLE
1.
(7) (a) N
OTHING IN THIS SECTION ALTERS THE SCOPE OF THE FEDERAL
"COMMUNICATIONS DECENCY ACT OF 1996", 47 U.S.C. SEC. 230.
PAGE 6-SENATE BILL 24-011 (b) NOTHING IN THIS SECTION LIMITS ANY RIGHTS OR REMEDIES OF
AN INJURED PARTY THAT ARE AVAILABLE UNDER
COLORADO LAW NOR
REMOVES ANY REMEDIES AVAILABLE TO AN INJURED PERSON PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION
.
(c) A
N ONLINE DATING SERVICE IS NOT LIABLE TO A BARRED OR
SUSPENDED MEMBER FOR TAKING
, IN GOOD FAITH, REMEDIAL ACTION IN
ACCORDANCE WITH ITS MEMBERSHIP AGREEMENT AGAINST A MEMBER FOR
VIOLATING THE SERVICE
'S SAFETY POLICY.
SECTION 3. In Colorado Revised Statutes, 6-1-105, amend
(1)(cccc); and add (1)(gggg) as follows:
6-1-105. Unfair or deceptive trade practices. (1) A person
engages in a deceptive trade practice when, in the course of the person's
business, vocation, or occupation, the person:
(cccc) Sells or offers for sale a product that is age-restricted to a
person who does not meet the age restriction; or(gggg) VIOLATES SECTION 6-1-731.5.
SECTION 4. In Colorado Revised Statutes, add part 13 to article
20 of title 13 as follows:
PART 13
MISCELLANEOUS ACTIONS
13-20-1301. Actions for tracking a person without consent -
definitions. (1) A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a) "A
CTOR" MEANS A PERSON WHO TRACKS ANOTHER PERSON
THROUGH THE USE OF A TRACKING APPLICATION OR TRACKING DEVICE
.
(b) "T
RACKING APPLICATION" MEANS ANY SOFTWARE PROGRAM
THAT PERMITS AN ACTOR TO REMOTELY DETERMINE OR TRACK THE POSITION
OR MOVEMENT OF ANOTHER PERSON OR ANOTHER PERSON
'S PROPERTY.
(c) "T
RACKING DEVICE" MEANS AN ELECTRONIC OR MECHANICAL
PAGE 7-SENATE BILL 24-011 DEVICE THAT PERMITS AN ACTOR TO REMOTELY DETERMINE OR TRACK THE
POSITION OR MOVEMENT OF ANOTHER PERSON OR ANOTHER PERSON
'S
PERSONAL PROPERTY
.
(2) (a) A
PERSON WHO WAS TRACKED BY MEANS OF A TRACKING
DEVICE OR TRACKING APPLICATION MAY BRING A CLAIM FOR DAMAGES
,
INCLUDING NONECONOMIC LOSS OR INJURY , AGAINST THE ACTOR WHO
INSTALLED A TRACKING DEVICE ON THE PERSON
'S PERSONAL PROPERTY
WITHOUT THE PERSON
'S CONSENT OR WHO CAUSED A TRACKING DEVICE OR
TRACKING APPLICATION TO TRACK THE POSITION OR MOVEMENT OF THE
PERSON OR PERSON
'S PERSONAL PROPERTY WITHOUT THE PERSON 'S CONSENT.
A
N ACTOR IS LIABLE TO THE EXTENT THE ACTOR 'S CONDUCT WAS THE
PROXIMATE CAUSE OF THE HARM CAUSED BY THE TRACKING DEVICE OR
TRACKING APPLICATION
.
(b) A
PERSON WHO HAS GIVEN CONSENT FOR AN ACTOR TO INSTALL
A TRACKING DEVICE OR TRACKING APPLICATION ON THE CONSENTING
PERSON
'S PERSONAL PROPERTY MAY REVOKE THE CONSENT AT ANY TIME
AND MAY BRING A CLAIM PURSUANT TO THIS SECTION FOR TRACKING THAT
OCCURRED AFTER THE PERSON REVOKED CONSENT
.
(3) N
OTWITHSTANDING SUBSECTION (2) OF THIS SECTION, A PERSON
SHALL NOT BRING A CLAIM AGAINST A LAW ENFORCEMENT AGENCY OR
PEACE OFFICER FOR ACTIONS TAKEN AS PART OF A CRIMINAL INVESTIGATION
;
A PEACE OFFICER ACTING WITHIN THE SCOPE OF THE PEACE OFFICER 'S
OFFICIAL DUTIES
; A PUBLIC HIGHWAY AUTHORITY, CREATED PURSUANT TO
PART
5 OF ARTICLE 4 OF TITLE 43, ACTING WITHIN THE SCOPE OF ITS
AUTHORITY TO COLLECT TOLLS
; THE HIGH PERFORMANCE TRANSPORTATION
ENTERPRISE CREATED IN SECTION
43-4-806 ACTING WITHIN THE SCOPE OF ITS
AUTHORITY TO COLLECT TOLLS AND ENFORCE TOLL AND SAFETY
VIOLATIONS
; OR A PARENT OR LEGAL GUARDIAN OF A MINOR CHILD FOR
TRACKING THE MINOR CHILD
.
SECTION 5. In Colorado Revised Statutes, 18-7-107, amend (1)(a)
introductory portion; and add (2.5) as follows:
18-7-107. Posting a private image for harassment - definitions.
(1) (a) An actor who is eighteen years of age or older commits the offense
of posting a private image for harassment if he or she
THE ACTOR posts or
distributes through the use of social media or any website any photograph,
PAGE 8-SENATE BILL 24-011 video, or other image displaying the REAL OR SIMULATED private intimate
parts of an identified or identifiable person eighteen years of age or older
or an image displaying sexual acts of an identified or identifiable person:
(2.5) I
T IS NOT A DEFENSE TO AN ALLEGED VIOLATION OF THIS
SECTION THAT THE IMAGE IS PARTIALLY DIGITALLY CREATED OR ALTERED OR
THAT THE PRIVATE INTIMATE PARTS WERE DIGITALLY CREATED OR ALTERED
.
SECTION 6. In Colorado Revised Statutes, 18-7-108, amend (1)(a)
introductory portion; and add (2.5) as follows:
18-7-108. Posting a private image for pecuniary gain -
definitions. (1) (a) An actor who is eighteen years of age or older commits
the offense of posting a private image for pecuniary gain if he or she
THE
ACTOR
posts or distributes through social media or any website any
photograph, video, or other image displaying the
REAL OR SIMULATED
private intimate parts of an identified or identifiable person eighteen years
of age or older or an image displaying sexual acts of an identified or
identifiable person:
(2.5) I
T IS NOT A DEFENSE TO AN ALLEGED VIOLATION OF THIS
SECTION THAT THE IMAGE IS PARTIALLY DIGITALLY CREATED OR ALTERED OR
THAT THE PRIVATE INTIMATE PARTS WERE DIGITALLY CREATED OR ALTERED
.
SECTION 7. In Colorado Revised Statutes, 18-7-109, amend (8)
introductory portion and (8)(b) as follows:
18-7-109. Posting, possession, or exchange of a private image by
a juvenile - definitions - penalties. (8) As used in this section,
UNLESS THE
CONTEXT OTHERWISE REQUIRES
:
(b) "Sexually explicit image" means any electronic or digital
photograph, video, or video depiction of the
REAL OR SIMULATED external
genitalia or perineum or anus or buttocks or pubes of any person or the
REAL OR SIMULATED breast of a female person.
SECTION 8. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly; except that, if a referendum petition is filed pursuant to
PAGE 9-SENATE BILL 24-011 section 1 (3) of article V of the state constitution against this act or an item,
section, or part of this act within such period, then the act, item, section, or
part will not take effect unless approved by the people at the general
election to be held in November 2024 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
(2) This act applies to offenses committed and claims filed on or
after the applicable effective date of this act.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 10-SENATE BILL 24-011