Colorado 2025 2025 Regular Session

Colorado Senate Bill SB201 Introduced / Bill

Filed 03/20/2025

                    First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 25-0808.01 Richard Sweetman x4333
SENATE BILL 25-201
Senate Committees House Committees
Health & Human Services
A BILL FOR AN ACT
C
ONCERNING REQUIRING CERTAIN INTERNET WEBSITES THAT PROVIDE101
MATERIAL THAT IS HARMFUL TO CHILDREN TO VERIFY THE AGE102
OF INDIVIDUALS WHO ATTEMPT TO ACCESS SUCH MATERIAL .103
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
.)
On and after July 1, 2026, the bill requires certain internet websites
that knowingly and intentionally publish or distribute material that is
harmful to children (covered platforms) to:
! Perform one or more reasonable age verification measures
to verify the age of each individual who attempts to access
SENATE SPONSORSHIP
Lundeen and Daugherty, Michaelson Jenet
HOUSE SPONSORSHIP
Lukens and Lindsay,
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. such material;
! Prevent children from accessing such material; and
! Arrange for annual independent audits of the results of the
covered platform's reasonable age verification measures.
On and after July 1, 2026, a covered platform must offer each user
at least one option by which the covered platform may verify the user's
age without the user having to disclose the user's identity. For this
purpose, a covered platform must employ commercially available
technologies that are independently certified to be highly effective in
establishing that an individual is not a child.
A covered platform may not rely solely upon the geographical
registration of an internet protocol address to determine a user's location
and must apply extensive due diligence based on available technology
before concluding that an individual is not located in Colorado.
A covered platform must ensure that each reasonable age
verification measure that the covered platform employs includes a means
by which a potential user of the covered platform may appeal a
determination concerning the potential user's age.
A covered platform that acquires personal data for the purposes of
age verification must destroy the personal data as soon as reasonably
possible after a potential user's age is checked for age verification. In
acquiring and retaining personal data, a covered platform must otherwise
comply with the requirements of the "Colorado Privacy Act".
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1.  Legislative declaration. (1)  Recognizing the2
widespread availability of online pornographic content and its potential3
harm to minors, the general assembly finds it necessary to require the4
implementation of age verification measures to prevent youth from5
accessing such material. This declaration affirms the state's commitment6
to safeguarding children from exposure to explicit content that may7
negatively impact their development, while protecting the rights of8
individuals 18 years of age and older. By requiring robust and effective9
age verification systems for access to online pornography, and requiring10
a nonidentity-document-based option, this legislation seeks to uphold the11
well-being of minors while respecting the rights of adults to lawful12
SB25-201-2- access.1
(2)  The general assembly also finds that:2
(a)  Extensive research has demonstrated that exposure to3
pornography at a young age can contribute to adverse public health4
outcomes, including increased rates of anxiety, depression, and distorted5
perceptions of healthy relationships and consent;6
(b)  Studies indicate that early and repeated exposure to sexually7
explicit material is linked to compulsive behaviors, desensitization to8
violence, and unrealistic expectations about intimacy, which can have9
long-term consequences on minor viewers' mental and emotional10
well-being;11
(c)  Leading public health organizations emphasize the need for12
protective measures to prevent premature exposure to pornography, citing13
its potential to negatively influence adolescent brain development and14
social behavior; and15
(d)  The expanding sophisticated adoption of technology has made16
traditional age verification measures, such as simple self-attestation or17
parental controls, ineffective in preventing underage access to explicit18
online material, necessitating stronger safeguards for public health19
protection.20
(3)  Therefore, the general assembly declares that:21
(a)  This act is a critical public health measure and is intended to22
require effective and enforceable age verification measures for accessing23
online pornography websites that are accessible within the state; and24
(b)  The general assembly remains committed to ensuring that any25
regulatory measures respect user privacy while achieving the paramount26
goal of promoting public health and protecting minors from harmful27
SB25-201
-3- exposure to explicit content.1
SECTION 2. In Colorado Revised Statutes, add article 29 to title2
6 as follows:3
ARTICLE 294
Age Verification for Providers of Online5
Material that Is Harmful to Children6
6-29-101.  Providers of online material that is harmful to7
children - user age verification measures required - appeals of age8
determinations - definitions. (1)  A
S USED IN THIS SECTION, UNLESS THE9
CONTEXT OTHERWISE REQUIRES :10
(a)  "C
HILD" MEANS AN INDIVIDUAL UNDER EIGHTEEN YEARS OF11
AGE WHO RESIDES IN COLORADO.12
(b) (I)  "C
OVERED PLATFORM" MEANS AN ENTITY:13
(A)  T
HAT IS A WEBSITE; AND14
(B)  T
HAT, IN THE REGULAR COURSE OF THE TRADE OR BUSINESS OF15
THE ENTITY, CREATES, HOSTS, OR MAKES AVAILABLE MATERIAL THAT IS16
HARMFUL TO CHILDREN, WHICH MATERIAL IS PROVIDED BY THE ENTITY, A17
USER, OR OTHER INFORMATION CONTENT PROVIDER , WITH THE OBJECTIVE18
OF EARNING A PROFIT.19
(II)  "C
OVERED PLATFORM" INCLUDES AN ENTITY DESCRIBED IN20
SUBSECTION (1)(b)(I) OF THIS SECTION REGARDLESS OF WHETHER :21
(A)  T
HE ENTITY EARNS A PROFIT ON THE ACTIVITIES DESCRIBED IN22
SUBSECTION (1)(b)(I)(B) OF THIS SECTION; OR23
(B)  C
REATING, HOSTING, OR MAKING AVAILABLE CONTENT THAT24
IS HARMFUL TO CHILDREN IS A SUBSTANTIAL SOURCE OF INCOME OR25
PRINCIPAL BUSINESS OF THE ENTITY.26
(III)  "C
OVERED PLATFORM" DOES NOT INCLUDE:27
SB25-201
-4- (A)  AN INTERNET WEBSITE THAT PROHIBITS MATERIAL HARMFUL1
TO CHILDREN IN ITS TERMS AND CONDITIONS , MAKES REASONABLE2
EFFORTS TO SCAN USER-GENERATED CONTENT TO REMOVE MATERIAL3
HARMFUL TO CHILDREN , AND OPERATES A REPORTING PROCESS TO4
AFFIRMATIVELY REMOVE MATERIAL HARMFUL TO CHILDREN THAT IS NOT5
REMOVED SYSTEMATICALLY ;6
(B)  A
N INTERNET SERVICE PROVIDER OR ITS AFFILIATES OR7
SUBSIDIARIES;8
(C)  A
 GENERAL PURPOSE SEARCH ENGINE ;9
(D)  A
 CLOUD SERVICE PROVIDER;10
(E)  A
 BROADCAST TELEVISION SERVICE , CABLE SERVICE,11
SATELLITE SERVICE, STREAMING MEDIA SERVICE , OR OTHER SERVICE12
OFFERING VIDEO PROGRAMMING , AS DEFINED IN SECTION 613 (h)(2) OF13
THE "COMMUNICATIONS ACT OF 1934", 47 U.S.C. SEC. 151 ET SEQ.; OR14
(F)  A
 COMMERCIAL ENTITY WHOSE INTERNET WEBSITE CONTAINS15
MATERIAL HARMFUL TO CHILDREN BUT WHOSE REGULAR COURSE OF16
TRADE OR BUSINESS IS NOT CREATING, HOSTING, OR MAKING AVAILABLE17
MATERIAL HARMFUL TO CHILDREN ON THE INTERNET , AS EVIDENCED BY18
THE AMOUNT OF DATA THAT CONSTITUTES MATERIAL HARMFUL TO19
CHILDREN ON THE COMMERCIAL ENTITY 'S INTERNET WEBSITE, THE20
AMOUNT OF DATA THAT CONSTITUTES MATERIAL HARMFUL TO CHILDREN21
ON THE COMMERCIAL ENTITY'S INTERNET WEBSITE IN PROPORTION TO THE22
TOTAL AMOUNT OF DATA ON THE COMMERCIAL ENTITY 'S INTERNET23
WEBSITE, THE AMOUNT OF USER TRAFFIC TO MATERIAL HARMFUL TO24
CHILDREN ON THE COMMERCIAL ENTITY 'S INTERNET WEBSITE, THE25
AMOUNT OF USER TRAFFIC TO MATERIAL HARMFUL TO CHILDREN ON THE26
COMMERCIAL ENTITY'S INTERNET WEBSITE IN PROPORTION TO ALL USER27
SB25-201
-5- TRAFFIC ON THE COMMERCIAL ENTITY 'S INTERNET WEBSITE, THE AMOUNT1
OF REVENUE THE COMMERCIAL ENTITY OBTAINS FROM MATERIAL2
HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY 'S INTERNET WEBSITE,3
OR THE AMOUNT OF REVENUE THE COMMERCIAL ENTITY GENERATES FROM4
MATERIAL HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY 'S5
INTERNET WEBSITE IN PROPORTION TO ALL REVENUES THE COMMERCIAL6
ENTITY GENERATES.7
(IV)  F
OR THE PURPOSES OF SUBSECTION (1)(b)(I)(B) OF THIS8
SECTION, THE MERE PRESENCE OF MATERIAL HARMFUL TO CHILDREN ON A9
COMMERCIAL ENTITY'S INTERNET WEBSITE SHALL NOT BE CONSTRUED TO10
MEAN THAT THE COMMERCIAL ENTITY CREATES , HOSTS, OR MAKES11
AVAILABLE MATERIAL THAT IS HARMFUL TO CHILDREN IN THE REGULAR12
COURSE OF THE ENTITY'S TRADE OR BUSINESS. IN DETERMINING WHETHER13
A COMMERCIAL ENTITY'S REGULAR COURSE OF TRADE OR BUSINESS IS14
CREATING, HOSTING, OR MAKING AVAILABLE MATERIAL HARMFUL TO15
CHILDREN ON THE INTERNET, THE FOLLOWING SHALL BE CONSIDERED :16
(A)  T
HE AMOUNT OF DATA THAT CONSTITUTES MATERIAL17
HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY 'S INTERNET18
WEBSITE;19
(B)  T
HE AMOUNT OF DATA THAT CONSTITUTES MATERIAL20
HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY 'S INTERNET WEBSITE21
IN PROPORTION TO THE TOTAL AMOUNT OF DATA ON THE COMMERCIAL22
ENTITY'S INTERNET WEBSITE;23
(C)  T
HE AMOUNT OF USER TRAFFIC TO MATERIAL HARMFUL TO24
CHILDREN ON THE COMMERCIAL ENTITY 'S INTERNET WEBSITE;25
(D)  T
HE AMOUNT OF USER TRAFFIC TO MATERIAL HARMFUL TO26
CHILDREN ON THE COMMERCIAL ENTITY 'S INTERNET WEBSITE IN27
SB25-201
-6- PROPORTION TO ALL USER TRAFFIC ON THE COMMERCIAL ENTITY 'S1
INTERNET WEBSITE;2
(E)  T
HE AMOUNT OF REVENUE THE COMMERCIAL ENTITY OBTAINS3
FROM MATERIAL HARMFUL TO CHILDREN ON THE COMMERCIAL ENTITY 'S4
INTERNET WEBSITE; AND5
(F)  T
HE AMOUNT OF REVENUE THE COMMERCIAL ENTITY6
GENERATES FROM MATERIAL HARMFUL TO CHILDREN ON THE COMMERCIAL7
ENTITY'S INTERNET WEBSITE IN PROPORTION TO ALL REVENUES THE8
COMMERCIAL ENTITY GENERATES .9
(c)  "H
ARMFUL TO CHILDREN" HAS THE MEANING SET FORTH IN10
SECTION 18-7-501 (2).11
(d)  "I
NDEPENDENT AUDITOR" MEANS A PROFESSIONAL AUDITOR12
THAT:13
(I)  I
S OPERATIONALLY AND FINANCIALLY INDEPENDENT OF ANY14
COVERED PLATFORM;15
(II)  M
AINTAINS OPERATIONAL AND FINANCIAL INDEPENDENCE16
FROM SUPPLIERS OF AGE-RESTRICTED GOODS, SERVICES, AND CONTENT;17
AND18
(III)  H
AS NO INCENTIVE TO PROVIDE RESULTS THAT DO NOT MEET19
REGULATORY REQUIREMENTS AND APPLICABLE STANDARDS .20
(e)  "P
UBLISH" MEANS TO COMMUNICATE OR MAKE INFORMATION21
AVAILABLE TO ANOTHER PERSON ON A PUBLICLY AVAILABLE INTERNET22
WEBSITE.23
(f) (I)  "R
EASONABLE AGE VERIFICATION MEASURE " MEANS A24
COMMERCIALLY REASONABLE MEASURE THAT :25
(A)  C
AN RELIABLY AND ACCURATELY DETERMINE WHETHER A26
USER OF A COVERED PLATFORM IS A CHILD;27
SB25-201
-7- (B)  PREVENTS ACCESS BY CHILDREN TO CONTENT ON A COVERED1
PLATFORM; AND2
(C)  V
ERIFIES EACH USER AND POTENTIAL USER 'S AGE BY3
EMPLOYING COMMERCIALLY AVAILABLE TECHNOLOGIES THAT ARE4
INDEPENDENTLY CERTIFIED TO BE HIGHLY EFFECTIVE IN ESTABLISHING5
THAT AN INDIVIDUAL IS NOT A CHILD.6
(II)  A
 "REASONABLE AGE VERIFICATION MEASURE " MAY, BUT IS7
NOT REQUIRED TO , REQUIRE A POTENTIAL USER TO SUBMIT A8
GOVERNMENT-ISSUED FORM OF IDENTIFICATION.9
(2) (a)  O
N AND AFTER JULY 1, 2026, A COVERED PLATFORM THAT10
KNOWINGLY AND INTENTIONALLY PUBLISHES OR DISTRIBUTES MATERIAL11
THAT IS HARMFUL TO CHILDREN ON THE INTERNET SHALL :12
(I)  P
ERFORM ONE OR MORE REASONABLE AGE VERIFICATION13
MEASURES TO VERIFY THE AGE OF EACH INDIVIDUAL WHO ATTEMPTS TO14
ACCESS SUCH MATERIAL;15
(II)  P
REVENT CHILDREN FROM ACCESSING SUCH MATERIAL ; AND16
(III)  A
RRANGE FOR AUDITS OF THE RESULTS OF THE COVERED17
PLATFORM'S REASONABLE AGE VERIFICATION MEASURES , WHICH AUDITS18
ARE PERFORMED:19
(A)  A
T LEAST ANNUALLY;20
(B)  A
T THE EXPENSE OF THE COVERED PLATFORM ;21
(C)  B
Y AN INDEPENDENT AUDITOR; AND22
(D)  F
OR THE PURPOSE OF CERTIFYING THAT THE REASONABLE AGE23
VERIFICATION MEASURES SATISFY A RELEVANT , RECOGNIZED24
INTERNATIONAL STANDARD , SUCH AS ISO/IEC 27566-1, IEEE 2089.1, OR25
THE EQUIVALENT.26
(b)  O
N AND AFTER JULY 1, 2026, A COVERED PLATFORM SHALL27
SB25-201
-8- OFFER EACH USER OR POTENTIAL USER OF THE COVERED PLATFORM AT1
LEAST ONE OPTION BY WHICH THE COVERED PLATFORM MAY VERIFY THE2
USER'S OR POTENTIAL USER'S AGE WITHOUT THE USER OR POTENTIAL USER3
HAVING TO DISCLOSE THE USER'S OR POTENTIAL USER'S IDENTITY TO THE4
COVERED PLATFORM. FOR THIS PURPOSE, A COVERED PLATFORM SHALL5
EMPLOY COMMERCIALLY AVAILABLE TECHNOLOGIES THAT ARE6
INDEPENDENTLY CERTIFIED TO BE HIGHLY EFFECTIVE IN ESTABLISHING7
THAT AN INDIVIDUAL IS NOT A CHILD.8
(3)  F
OR THE PURPOSES OF THIS SECTION, A COVERED PLATFORM9
SHALL NOT RELY SOLELY UPON THE GEOGRAPHICAL REGISTRATION OF AN10
INTERNET PROTOCOL ADDRESS TO DETERMINE A USER 'S LOCATION AND11
SHALL APPLY EXTENSIVE DUE DILIGENCE BASED ON AVAILABLE12
TECHNOLOGY BEFORE CONCLUDING THAT AN INDIVIDUAL IS NOT LOCATED13
IN COLORADO.14
(4)  O
N AND AFTER JULY 1, 2026, IN SATISFYING THE15
REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION, A COVERED16
PLATFORM SHALL ENSURE THAT EACH REASONABLE AGE VERIFICATION17
MEASURE THAT THE COVERED PLATFORM EMPLOYS FOR THE PURPOSES OF18
THIS ARTICLE 29 INCLUDES A MEANS BY WHICH A POTENTIAL USER OF THE19
COVERED PLATFORM MAY APPEAL A DETERMINATION CONCERNING THE20
POTENTIAL USER'S AGE.21
(5)  A
 COVERED PLATFORM THAT ACQUIRES PERSONAL DATA FOR22
THE PURPOSES OF AGE VERIFICATION PURSUANT TO THIS ARTICLE 29 SHALL23
DESTROY THE PERSONAL DATA AS SOON AS REASONABLY POSSIBLE AFTER24
A POTENTIAL USER'S AGE IS CHECKED FOR AGE VERIFICATION . IN25
ACQUIRING AND RETAINING PERSONAL DATA AS DESCRIBED IN THIS26
SECTION, A COVERED PLATFORM SHALL OTHERWISE COMPLY WITH THE27
SB25-201
-9- REQUIREMENTS OF THE "COLORADO PRIVACY ACT", PART 13 OF ARTICLE1
1
 OF THIS TITLE 6.2
(6)  N
OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE3
CONTRARY, THIS SECTION:4
(a)  D
OES NOT APPLY TO ANY BONA FIDE NEWS OR PUBLIC INTEREST5
BROADCAST, WEBSITE VIDEO, REPORT, OR EVENT; AND6
(b)  S
HALL NOT BE CONSTRUED TO AFFECT THE RIGHTS OF ANY7
NEWS-GATHERING ORGANIZATIONS .8
SECTION 3. Act subject to petition - effective date. This act9
takes effect at 12:01 a.m. on the day following the expiration of the10
ninety-day period after final adjournment of the general assembly; except11
that, if a referendum petition is filed pursuant to section 1 (3) of article V12
of the state constitution against this act or an item, section, or part of this13
act within such period, then the act, item, section, or part will not take14
effect unless approved by the people at the general election to be held in15
November 2026 and, in such case, will take effect on the date of the16
official declaration of the vote thereon by the governor.17
SB25-201
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