First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0709.02 Anna Petrini x5497
SENATE BILL 25-288
Senate Committees House Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING PREVENTING CERTAI N DISCLOSURES OF INTIMATE101
DEPICTIONS, AND, IN CONNECTION THEREWITH , CREATING A102
CAUSE OF ACTION FOR NONCONSENSUAL DISCLOSURE OF AN103
INTIMATE DIGITAL DEPICTION AND ADDING AND AMENDING104
RELATED PROVISIONS IN CRIMINAL LAW .105
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 creates a cause of action against a person who discloses
or threatens to disclose a realistic visual depiction of another individual
SENATE SPONSORSHIP
Rodriguez,
HOUSE SPONSORSHIP
(None),
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. (depicted individual) that has been created, altered, or produced by
generative AI, image editing software, or computer-generated means
(intimate digital depiction). A depicted individual who has suffered harm
from the nonconsensual disclosure or threatened disclosure of an intimate
digital depiction has a cause of action against the person who disclosed
or threatened to disclose the intimate digital depiction if the person knew
or acted with reckless disregard for whether the depicted individual:
! Did not consent to the disclosure;
! Would experience severe emotional distress due to the
disclosure or threatened disclosure; and
! Was identifiable.
The bill provides an exception to civil liability if the disclosure is
made in good faith under various circumstances or is related to a matter
of public concern.
A successful plaintiff may recover the defendant's monetary gain
from the intimate digital depiction; either actual damages or liquidated
damages of $150,000; exemplary damages; and litigation costs, including
reasonable attorney fees. A court may also order the defendant to cease
disclosure of the intimate digital depiction.
The bill updates the definition of "sexually exploitative material"
in the context of the criminal law punishing sexual exploitation of a child
to include realistic computer-generated digital depictions that are
obscene.
The bill changes the criminal offenses of posting a private image
for harassment and posting a private image for pecuniary gain to the
related offenses of disclosing a private intimate image or intimate digital
depiction for the same purposes. A person commits disclosure of a private
intimate image or intimate digital depiction for harassment or for
pecuniary gain if the person discloses or threatens to disclose a private
intimate image or intimate digital depiction without consent:
! With the intent to harass, intimidate, or coerce the depicted
individual, or with the intent to obtain a pecuniary benefit;
or
! Knowing, or under circumstances when the person
reasonably should have known, that the disclosure or
threatened disclosure would cause physical, emotional,
reputational, or economic harm to the depicted individual.
Disclosing a private intimate image or intimate digital depiction is
a class 1 misdemeanor; except that it is a class 6 felony if the person made
the disclosure and the disclosure:
! Affected the conduct of an administrative, legislative, or
judicial proceeding of a governmental agency, including
the administration of an election; or
! Posed an imminent and serious threat to the safety of the
depicted individual or the depicted individual's immediate
SB25-288
-2- family and the person knew or reasonably should have
known of the imminent and serious threat.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add part 15 to article2
21 of title 13 as follows:3
PART 154
PREVENTING UNAUTHORIZED DISCLOSURE5
OF INTIMATE DIGITAL DEPICTIONS ACT6
13-21-1501. Short title. T
HE SHORT TITLE OF THIS PART 15 IS THE7
"P
REVENTING UNAUTHORIZED DISCLOSURE OF INTIMATE DIGITAL8
D
EPICTIONS ACT".9
13-21-1502. Definitions. A
S USED IN THIS PART 15, UNLESS THE10
CONTEXT OTHERWISE REQUIRES :11
(1) "C
OMPUTER-GENERATED" MEANS CREATED, DEVELOPED,12
MADE, OR PRODUCED BY DIGITAL SOFTWARE , INCLUDING, BUT NOT13
LIMITED TO, PHONE APPLICATIONS AND IMAGE EDITING SOFTWARE .14
(2) "C
ONSENT" MEANS AFFIRMATIVE , CONSCIOUS, AND15
VOLUNTARY AUTHORIZATION BY A DEPICTED INDIVIDUAL ;16
(3) "D
EPICTED INDIVIDUAL" MEANS AN INDIVIDUAL WHO , BY17
DIGITAL OR COMPUTER-GENERATED MEANS, APPEARS IN WHOLE OR IN18
PART IN AN INTIMATE DIGITAL DEPICTION AND WHO IS IDENTIFIABLE BY19
VIRTUE OF THE INDIVIDUAL'S FACE, LIKENESS, OR OTHER DISTINGUISHING20
CHARACTERISTIC, INCLUDING A UNIQUE BIRTHMARK OR OTHER21
RECOGNIZABLE FEATURE , OR FROM INFORMATION ANOTHER PERSON22
DISPLAYS IN CONNECTION WITH THE DIGITAL DEPICTION .23
(4) "D
IGITAL DEPICTION" MEANS A REALISTIC VISUAL DEPICTION24
OF A DEPICTED INDIVIDUAL THAT HAS BEEN CREATED , ALTERED, OR25
SB25-288-3- PRODUCED BY GENERATIVE AI, IMAGE EDITING SOFTWARE , OR1
COMPUTER-GENERATED MEANS. "DIGITAL DEPICTION" INCLUDES STORED2
DATA THAT IS CAPABLE OF CONVERSION INTO A VISUAL IMAGE . "DIGITAL3
DEPICTION" DOES NOT INCLUDE AN IMAGE OF THE DEPICTED INDIVIDUAL4
CONTEMPORANEOUSLY CAPTURED BY FILM , VIDEO, CAMERA, OR DIGITAL5
MEANS WITHOUT FURTHER EDITING , CHANGES, ALTERATIONS, OR6
ADDITIONS OF AN INTIMATE PART OR EXPLICIT SEXUAL CONDUCT NOT7
OTHERWISE FOUND IN THE ORIGINAL IMAGE OR CAPTURED AT THE TIME OF8
THE ORIGINAL IMAGE.9
(5) "D
ISCLOSE" MEANS TO TRANSFER, PUBLISH, DISTRIBUTE, OR10
MAKE ACCESSIBLE.11
(6) "E
XPLICIT SEXUAL CONDUCT" MEANS SEXUAL INTERCOURSE ,12
SEXUAL INTRUSION, EROTIC FONDLING, EROTIC NUDITY, MASTURBATION,13
SADOMASOCHISM, OR SEXUAL EXCITEMENT.14
(7) "G
ENERATIVE AI" MEANS A SUBSET OF ARTIFICIAL15
INTELLIGENCE THAT INVOLVES USING ALGORITHMS AND MODELS TO16
GENERATE OR CREATE NEW AND ORIGINAL CONTENT .17
(8) "I
MAGE EDITING SOFTWARE" MEANS A COMPUTER PROGRAM18
THAT ALLOWS EDITING, MODIFICATION, OR ALTERATION OF AN IMAGE OR19
VIDEO.20
(9) "I
NTIMATE DIGITAL DEPICTION" MEANS A DIGITAL DEPICTION21
THAT DEPICTS:22
(a) T
HE INTIMATE PARTS OF A DEPICTED INDIVIDUAL ;23
(b) S
EXUAL CONTACT INVOLVING A DEPICTED INDIVIDUAL ; OR24
(c) A
DEPICTED INDIVIDUAL ENGAGING IN EXPLICIT SEXUAL25
CONDUCT.26
(10) "I
NTIMATE PARTS" MEANS THE EXTERNAL GENITALIA OR THE27
SB25-288
-4- PERINEUM OR THE ANUS OR THE BUTTOCKS OR THE PUBES OR THE BREAST1
OF A PERSON.2
(11) "R
ECKLESS DISREGARD" MEANS CONSCIOUSLY DISREGARDING3
A SUBSTANTIAL AND UNJUSTIFIABLE RISK THAT A RESULT WILL OCCUR OR4
THAT A CIRCUMSTANCE EXISTS. "RECKLESS DISREGARD" INCLUDES, BUT5
IS NOT LIMITED TO, CIRCUMSTANCES WHEN A PERSON IS PLACED ON6
NOTICE, EITHER IMPLICITLY OR EXPLICITLY, THAT THE DISCLOSURE WOULD7
CAUSE REPUTATIONAL, EMOTIONAL, FINANCIAL, OR PHYSICAL HARM TO8
THE DEPICTED INDIVIDUAL.9
(12) "S
EXUAL CONTACT" MEANS:10
(a) T
HE TOUCHING OF A DEPICTED INDIVIDUAL'S INTIMATE PARTS11
BY ANOTHER PERSON, OR OF ANOTHER PERSON'S INTIMATE PARTS BY THE12
DEPICTED INDIVIDUAL, OR THE TOUCHING OF THE CLOTHING COVERING THE13
IMMEDIATE AREA OF THE DEPICTED INDIVIDUAL OR OTHER PERSON 'S14
INTIMATE PARTS IF THAT SEXUAL CONTACT IS FOR THE PURPOSES OF15
SEXUAL AROUSAL, GRATIFICATION, OR ABUSE;16
(b) T
HE EMISSION OR EJACULATION OF SEMINAL FLUID ONTO A17
BODY PART OF THE DEPICTED INDIVIDUAL OR THE CLOTHING COVERING A18
BODY PART OF THE DEPICTED INDIVIDUAL ; OR19
(c) C
AUSING SEMEN, BLOOD, URINE, FECES, OR A BODILY20
SUBSTANCE TO CONTACT A BODY PART OF THE DEPICTED INDIVIDUAL OR21
THE CLOTHING COVERING A BODY PART OF THE DEPICTED INDIVIDUAL IF22
THAT CONTACT WITH SEMEN , BLOOD, URINE, FECES, OR A BODILY23
SUBSTANCE IS FOR THE PURPOSE OF SEXUAL AROUSAL , GRATIFICATION, OR24
ABUSE.25
(13) "V
OLUNTARY AUTHORIZATION " MEANS AUTHORIZATION26
PROVIDED IN THE ABSENCE OF FORCE , FRAUD, MISREPRESENTATION,27
SB25-288
-5- DURESS, OR COERCION.1
13-21-1503. Civil action - consent - disclaimers. (1) E
XCEPT AS2
OTHERWISE PROVIDED IN SECTION 13-21-1504, A DEPICTED INDIVIDUAL3
WHO IS THE SUBJECT OF AN INTIMATE DIGITAL DEPICTION THAT A PERSON4
DISCLOSED OR THREATENED TO DISCLOSE WITHOUT THE DEPICTED5
INDIVIDUAL'S CONSENT AND WHO HAS SUFFERED HARM FROM THE6
DISCLOSURE OR THREATENED DISCLOSURE OF THE INTIMATE DIGITAL7
DEPICTION HAS A CAUSE OF ACTION AGAINST THE PERSON WHO DISCLOSED8
THE INTIMATE DIGITAL DEPICTION IF THE PERSON KNEW OR ACTED WITH9
RECKLESS DISREGARD FOR WHETHER THE DEPICTED INDIVIDUAL :10
(a) D
ID NOT CONSENT TO THE DISCLOSURE;11
(b) W
OULD EXPERIENCE SEVERE EMOTIONAL DISTRESS DUE TO THE12
DISCLOSURE OR THREATENED DISCLOSURE ; AND13
(c) W
AS IDENTIFIABLE.14
(2) F
OR PURPOSES OF AN ACTION BROUGHT PURSUANT TO15
SUBSECTION (1) OF THIS SECTION:16
(a) A
DEPICTED INDIVIDUAL'S CONSENT TO THE CREATION OF THE17
INTIMATE DIGITAL DEPICTION DOES NOT ESTABLISH THAT THE DEPICTED18
INDIVIDUAL CONSENTED TO DISCLOSURE OF THE INTIMATE DIGITAL19
DEPICTION;20
(b) A
DEPICTED INDIVIDUAL'S CONSENT IS NOT VALID UNLESS THE21
CONSENT IS SET FORTH IN AN AGREEMENT THAT :22
(I) I
S WRITTEN IN PLAIN LANGUAGE;23
(II) I
S SIGNED KNOWINGLY AND VOLUNTARILY BY THE DEPICTED24
INDIVIDUAL;25
(III) I
NCLUDES A GENERAL DESCRIPTION OF THE INTIMATE DIGITAL26
DEPICTION;27
SB25-288
-6- (IV) IDENTIFIES THE SPECIFIC USE OF THE INTIMATE DIGITAL1
DEPICTION AGREED UPON BETWEEN THE PARTIES , INCLUDING THE2
PLATFORMS OR LOCATIONS WHERE THE INTIMATE DIGITAL DEPICTION WILL3
BE PUBLISHED OR OTHERWISE MADE AVAILABLE TO THIRD PARTIES , THE4
TIME PERIOD DURING WHICH THE INTIMATE DIGITAL DEPICTION WILL BE5
MADE AVAILABLE TO THIRD PARTIES , AND SECURITY FEATURES6
CONTAINED WITHIN THE DIGITAL DEPICTION TO PREVENT THEFT OR7
UNAUTHORIZED COPYING ; AND8
(V) I
F APPLICABLE, INCLUDES A GENERAL DESCRIPTION OF THE9
VISUAL WORK INTO WHICH THE INTIMATE DIGITAL DEPICTION IS10
INCORPORATED, INCLUDING, BUT NOT LIMITED TO, A MOVIE, TELEVISION11
SHOW, ARTWORK, PRODUCT, COMIC BOOK, COMPUTER APPLICATION ,12
VISUAL NOVEL, WEB SERIES, ONLINE AVATAR, DATING APPLICATION,13
COMPUTER GAME, VIDEO GAME, OR CHATBOT; AND14
(c) P
REVIOUS CONSENSUAL DISCLOSURE OF THE INTIMATE DIGITAL15
DEPICTION THAT IS THE SUBJECT OF THE ACTION DOES NOT , BY ITSELF,16
ESTABLISH THAT THE DEPICTED INDIVIDUAL CONSENTED TO A SUBSEQUENT17
DISCLOSURE OF THE INTIMATE DIGITAL DEPICTION .18
(3) I
T IS NOT A DEFENSE TO AN ACTION BROUGHT PURSUANT TO19
THIS PART 15 THAT THERE IS A DISCLAIMER STATING THAT THE INTIMATE20
DIGITAL DEPICTION OF THE DEPICTED INDIVIDUAL WAS UNAUTHORIZED OR21
THAT THE DEPICTED INDIVIDUAL DID NOT PARTICIPATE IN THE CREATION22
OR DEVELOPMENT OF THE INTIMATE DIGITAL DEPICTION .23
(4) I
N THE CASE OF A DEPICTED INDIVIDUAL WHO IS UNDER24
EIGHTEEN YEARS OF AGE OR IS INCOMPETENT , INCAPACITATED, OR25
DECEASED, THE LEGAL GUARDIAN OF THE DEPICTED INDIVIDUAL , ANOTHER26
FAMILY MEMBER, A REPRESENTATIVE OF THE DEPICTED INDIVIDUAL 'S27
SB25-288
-7- ESTATE, OR ANY OTHER PERSON APPOINTED AS SUITABLE BY THE COURT1
MAY ASSUME THE DEPICTED INDIVIDUAL 'S RIGHTS PURSUANT TO THIS PART2
15;
EXCEPT THAT A DEFENDANT AGAINST WHOM AN ACTION IS BROUGHT3
PURSUANT TO THIS PART 15 SHALL NOT, IN ANY EVENT, ASSUME THE4
DEPICTED INDIVIDUAL'S RIGHTS.5
(5) T
HIS SECTION IS NOT THE EXCLUSIVE REMEDY FOR A6
DISCLOSURE OR THREATENED DISCLOSURE OF AN INTIMATE DIGITAL7
DEPICTION; A PLAINTIFF MAY ALSO BRING ANY OTHER AVAILABLE8
COMMON LAW OR STATUTORY CLAIMS .9
13-21-1504. Exceptions to liability - construction. (1) (a) A10
PERSON IS NOT LIABLE UNDER THIS PART 15 IF THE PERSON PROVES THAT11
DISCLOSURE OF, OR A THREAT TO DISCLOSE , THE INTIMATE DIGITAL12
DEPICTION WAS:13
(I) M
ADE IN GOOD FAITH:14
(A) B
Y LAW ENFORCEMENT;15
(B) I
N A LEGAL PROCEEDING; OR16
(C) F
OR MEDICAL EDUCATION OR TREATMENT ;17
(II) M
ADE IN GOOD FAITH IN THE REPORTING OR INVESTIGATION18
OF:19
(A) U
NLAWFUL CONDUCT; OR20
(B) U
NSOLICITED AND UNWELCOME CONDUCT ;21
(III) R
ELATED TO A MATTER OF PUBLIC CONCERN OR PUBLIC22
INTEREST; OR23
(IV) R
EASONABLY INTENDED TO ASSIST THE DEPICTED24
INDIVIDUAL.25
(b) N
OTWITHSTANDING THE EXCEPTIONS IN SUBSECTION (1)(a) OF26
THIS SECTION, A CLAIM OF GOOD FAITH DOES NOT LIMIT LIABILITY FOR A27
SB25-288
-8- DEFENDANT WHO CREATED , DEVELOPED, OR OTHERWISE MADE THE1
INTIMATE DIGITAL DEPICTION.2
(2) I
F A DEFENDANT ASSERTS AN EXCEPTION TO LIABILITY3
PURSUANT TO THIS SECTION, THE EXCEPTION DOES NOT APPLY IF THE4
PLAINTIFF PROVES BY A PREPONDERANCE OF THE EVIDENCE THAT THE5
DISCLOSURE WAS:6
(a) P
ROHIBITED BY LAW OTHER THAN THIS PART 15; OR7
(b) M
ADE, POSSESSED, OR DISTRIBUTED FOR THE PURPOSES OF8
SEXUAL AROUSAL, SEXUAL GRATIFICATION, HUMILIATION, DEGRADATION,9
OR MONETARY OR COMMERCIAL GAIN .10
(3) D
ISCLOSURE OF, OR A THREAT TO DISCLOSE, AN INTIMATE11
DIGITAL DEPICTION IS NOT A MATTER OF PUBLIC CONCERN OR PUBLIC12
INTEREST SOLELY BECAUSE THE DEPICTED INDIVIDUAL IS A PUBLIC FIGURE .13
(4) N
OTHING IN THIS SECTION IMPOSES LIABILITY ON THE14
PROVIDER OF AN INTERACTIVE COMPUTER SERVICE , AS DEFINED IN 4715
U.S.C.
SEC. 230 (f)(2); AN INFORMATION SERVICE, AS DEFINED IN 4716
U.S.C.
SEC. 153 (24); OR A TELECOMMUNICATIONS SERVICE , AS DEFINED17
IN 47 U.S.C. SEC. 153 (53), FOR CONTENT PROVIDED BY ANOTHER PERSON .18
(5) N
OTHING IN THIS PART 15 IMPOSES LIABILITY ON THE PROVIDER19
OF AN INTERACTIVE COMPUTER SERVICE, AS DEFINED IN 47 U.S.C. SEC. 23020
(f)(2),
FOR:21
(a) A
N ACTION THE PROVIDER OF AN INTERACTIVE COMPUTER22
SERVICE TAKES VOLUNTARILY AND IN GOOD FAITH TO RESTRICT ACCESS TO23
OR AVAILABILITY OF AN INTIMATE DIGITAL DEPICTION ; OR24
(b) A
N ACTION THE PROVIDER OF AN INTERACTIVE COMPUTER25
SERVICE TAKES TO ENABLE OR MAKE AVAILABLE TO INFORMATION26
CONTENT PROVIDERS, AS DEFINED IN 47 U.S.C. SEC. 230 (f)(3), OR OTHER27
SB25-288
-9- PERSONS THE TECHNICAL MEANS TO RESTRICT ACCESS TO AN INTIMATE1
DIGITAL DEPICTION.2
(6) T
HIS PART 15 MUST BE CONSTRUED TO BE CONSISTENT WITH3
THE FEDERAL "COMMUNICATIONS DECENCY ACT OF 1996", 47 U.S.C. SEC.4
230.5
13-21-1505. Plaintiff privacy. (1) I
N A CIVIL ACTION FILED6
PURSUANT TO THIS PART 15:7
(a) A
PLAINTIFF MAY PROCEED USING A PSEUDONYM IN PLACE OF8
THE PLAINTIFF'S TRUE NAME;9
(b) T
HE COURT MAY AUTHORIZE AN IN CAMERA PROCEEDING ; AND10
(c) T
HE COURT MAY MAKE FURTHER ORDERS AS NECESSARY TO11
PROTECT THE IDENTITY AND PRIVACY OF A PLAINTIFF .12
13-21-1506. Remedies. (1) I
N A CIVIL ACTION FILED PURSUANT13
TO THIS PART 15, A PREVAILING PLAINTIFF MAY RECOVER ALL OF THE14
FOLLOWING:15
(a) A
N AMOUNT EQUAL TO THE MONETARY GAIN THE DEFENDANT16
MADE FROM THE CREATION , DEVELOPMENT, OR DISCLOSURE OF THE17
INTIMATE DIGITAL DEPICTION;18
(b) E
ITHER OF THE FOLLOWING, WHICHEVER IS GREATER:19
(I) T
HE ACTUAL DAMAGES SUSTAINED BY THE DEPICTED20
INDIVIDUAL AS A RESULT OF THE INTIMATE DIGITAL DEPICTION 'S21
DISCLOSURE, INCLUDING DAMAGES FOR EMOTIONAL DISTRESS ; OR22
(II) L
IQUIDATED DAMAGES OF ONE HUNDRED FIFTY THOUSAND23
DOLLARS;24
(c) E
XEMPLARY DAMAGES ; AND25
(d) T
HE COST OF THE ACTION, INCLUDING REASONABLE ATTORNEY26
FEES AND OTHER LITIGATION COSTS REASONABLY INCURRED .27
SB25-288
-10- (2) IN A CIVIL ACTION FILED PURSUANT TO THIS PART 15, A COURT1
MAY, IN ADDITION TO ANY OTHER RELIEF AVAILABLE PURSUANT TO STATE2
LAW, ORDER EQUITABLE RELIEF, INCLUDING A TEMPORARY RESTRAINING3
ORDER, A PRELIMINARY INJUNCTION , OR A PERMANENT INJUNCTION4
ORDERING THE DEFENDANT TO CEASE DISCLOSURE OF THE INTIMATE5
DIGITAL DEPICTION.6
13-21-1507. Rules. T
HE ATTORNEY GENERAL MAY ADOPT RULES7
AS NECESSARY FOR THE PURPOSE OF IMPLEMENTING THIS PART 15.8
SECTION 2. In Colorado Revised Statutes, 18-6-403, amend9
(2)(j); and add (2)(b.7), (2)(f.5), (9), and (10) as follows:10
18-6-403. Sexual exploitation of a child - legislative declaration11
- definitions. (2) As used in this section, unless the context otherwise12
requires:13
(b.7) "D
IGITIZATION" HAS THE SAME MEANING AS IN SECTION14
18-7-107 (6)(i).15
(f.5) "O
BSCENE" MEANS A VISUAL DEPICTION THAT:16
(I) T
HE AVERAGE PERSON, APPLYING CONTEMPORARY COMMUNITY17
STANDARDS, WOULD FIND THAT, TAKEN AS A WHOLE, APPEALS TO THE18
PRURIENT INTEREST IN SEX;19
(II) D
EPICTS OR DESCRIBES:20
(A) P
ATENTLY OFFENSIVE REPRESENTATIONS OR DESCRIPTIONS OF21
ULTIMATE SEX ACTS, NORMAL OR PERVERTED , ACTUAL OR SIMULATED,22
INCLUDING SEXUAL INTERCOURSE , SODOMY, AND SEXUAL BESTIALITY; OR23
(B) P
ATENTLY OFFENSIVE REPRESENTATIONS OR DESCRIPTIONS OF24
MASTURBATION, EXCRETORY FUNCTIONS , SADISM, MASOCHISM, LEWD25
EXHIBITION OF THE GENITALS, THE GENITALS IN A STATE OF SEXUAL26
STIMULATION OR AROUSAL , OR THE COVERED PENIS IN A DISCERNIBLY27
SB25-288
-11- TURGID STATE; AND1
(III) T
AKEN AS A WHOLE, LACKS SERIOUS LITERARY, ARTISTIC,2
POLITICAL, OR SCIENTIFIC VALUE.3
(j) "Sexually exploitative material" means: any
4
(I) A photograph, motion picture, video, recording or broadcast5
of moving visual images, live stream, print, negative, slide, or other6
mechanically, electronically, chemically, or digitally reproduced visual7
material that depicts a child engaged in, participating in, observing, or8
being used for explicit sexual conduct;
OR9
(II) A
REALISTIC VISUAL DEPICTION OR STORED DATA THAT IS10
CAPABLE OF CONVERSION INTO A REALISTIC VISUAL DEPICTION , WHETHER11
CREATED, ALTERED, OR PRODUCED BY DIGITIZATION OR12
COMPUTER-GENERATED MEANS, THAT IS INDISTINGUISHABLE FROM THAT13
OF A CHILD ENGAGED IN, PARTICIPATING IN, OBSERVING, OR BEING USED14
FOR EXPLICIT SEXUAL CONDUCT AND THAT IS OBSCENE .15
(9) I
N A PROSECUTION BROUGHT PURSUANT TO THIS SECTION , THE16
STATE IS NOT REQUIRED TO ESTABLISH THE IDENTITY OF THE ALLEGED17
VICTIM.18
(10) W
HEN THE CHARGED OFFENSE INVOLVES SEXUALLY19
EXPLOITATIVE MATERIAL PURSUANT TO SUBSECTION (2)(j)(II) OF THIS20
SECTION, IT IS NOT A DEFENSE THAT THE DEFENDANT LACKED KNOWLEDGE21
OF WHETHER THE REALISTIC VISUAL DEPICTION WAS CREATED , ALTERED,22
OR PRODUCED BY DIGITIZATION OR COMPUTER -GENERATED MEANS.23
SECTION 3. In Colorado Revised Statutes, 18-7-107, amend (1),24
(2.5), (4)(b), (5), and (6); and add (5.5) as follows:25
18-7-107. Disclosing a private intimate image or intimate26
digital depiction for harassment - definitions. (1) (a) An actor who is27
SB25-288
-12- eighteen years of age or older commits the offense of posting a private1
image DISCLOSING A PRIVATE INTIMATE IMAGE OR INTIMATE DIGITAL2
DEPICTION for harassment if the actor posts or distributes DISCLOSES OR3
THREATENS TO DISCLOSE through the use of social ELECTRONIC media or4
any A website any photograph, video, or other image displaying the real5
or simulated private intimate parts of an identified or identifiable person6
eighteen years of age or older or an image displaying sexual acts of an7
identified or identifiable person A PRIVATE INTIMATE IMAGE OR AN8
INTIMATE DIGITAL DEPICTION WITHOUT THE DEPICTED INDIVIDUAL 'S9
CONSENT:10
(I) With the intent to harass, intimidate, or coerce the depicted11
person INDIVIDUAL; OR12
(II) (A) Without the depicted person's consent; or13
(B) When the actor knew or should have known that the depicted14
person had a reasonable expectation that the image would remain private;15
and16
(III) The conduct results in serious emotional distress of the17
depicted person.18
(IV) W
HEN THE ACTOR KNEW OR REASONABLY SHOULD HAVE19
KNOWN THAT THE DISCLOSURE WOULD CAUSE PHYSICAL , EMOTIONAL, OR20
REPUTATIONAL HARM TO THE DEPICTED INDIVIDUAL .21
(b) Posting a private image
DISCLOSING A PRIVATE INTIMATE22
IMAGE OR INTIMATE DIGITAL DEPICTION for harassment is a class 123
misdemeanor;
EXCEPT THAT IT IS A CLASS 6 FELONY IF THE ACTOR24
DISCLOSED THE PRIVATE INTIMATE IMAGE OR INTIMATE DIGITAL DEPICTION25
AND THE DISCLOSURE:26
(I) A
FFECTED THE CONDUCT OF AN ADMINISTRATIVE , LEGISLATIVE,27
SB25-288
-13- OR JUDICIAL PROCEEDING OF A GOVERNMENTAL AGENCY , INCLUDING THE1
ADMINISTRATION OF AN ELECTION; OR2
(II) P
OSED AN IMMINENT AND SERIOUS THREAT TO THE DEPICTED3
INDIVIDUAL'S SAFETY OR THE SAFETY OF THE DEPICTED INDIVIDUAL 'S4
IMMEDIATE FAMILY AND THE ACTOR KNEW OR REAS ONABLY SHOULD HAVE5
KNOWN OF THE IMMINENT AND SERIOUS THREAT .6
(c) Notwithstanding the provisions of section 18-1.3-501 (1)(a)
7
SECTION 18-1.3-501 (1)(a.5), in addition to any other sentence the court8
may impose, the court shall fine the defendant up to ten thousand dollars.9
The fines collected pursuant to this paragraph (c) shall SUBSECTION (1)(c)10
MUST be credited to the crime victim compensation fund created in11
section 24-4.1-117. C.R.S. 12
(2.5) It is not a defense to an alleged violation of this section that13
the image is partially digitally created or altered or that the private14
intimate parts were digitally created or altered THERE IS A DISCLAIMER15
STATING THAT THE INTIMATE DIGITAL DEPICTION OF THE DEPICTED16
INDIVIDUAL WAS UNAUTHORIZED OR THAT THE DEPICTED INDIVIDUAL DID17
NOT PARTICIPATE IN THE CREATION OR DEVELOPMENT OF THE INTIMATE18
DIGITAL DEPICTION.19
(4) (b) An individual whose private intimate parts have been20
posted or an individual who has had an image displaying sexual acts of21
the individual posted IMAGE HAS BEEN DISCLOSED in accordance with this22
section shall retain RETAINS a protectable right of authorship regarding23
the commercial use of the private
INTIMATE image.24
(5) (a) Nothing in this section shall be construed to impose
25
IMPOSES liability on the provider of an interactive computer service, as26
defined in 47 U.S.C. sec. 230 (f)(2); an information service, as defined in27
SB25-288
-14- 47 U.S.C. sec. 153 47 U.S.C. SEC. 153 (24); or a telecommunications1
service, as defined in 47 U.S.C. sec. 153 47 U.S.C. SEC. 153 (53), for2
content provided by another person.3
(b) N
OTHING IN THIS SECTION IMPOSES LIABILITY ON THE4
PROVIDER OF AN INTERACTIVE COMPUTER SERVICE , AS DEFINED IN 475
U.S.C.
SEC. 230 (f)(2), FOR:6
(I) A
N ACTION THE PROVIDER OF AN INTERACTIVE COMPUTER7
SERVICE TAKES VOLUNTARILY AND IN GOOD FAITH TO RESTRICT ACCESS TO8
OR AVAILABILITY OF A PRIVATE INTIMATE IMAGE OR INTIMATE DIGITAL9
DEPICTION; OR10
(II) A
N ACTION THE PROVIDER OF AN INTERACTIVE COMPUTER11
SERVICE TAKES TO ENABLE OR MAKE AVAILABLE TO INFORMATION12
CONTENT PROVIDERS, AS DEFINED IN 47 U.S.C. SEC. 230 (f)(3), OR OTHER13
PERSONS THE TECHNICAL MEANS TO RESTRICT ACCESS TO A PRIVATE14
INTIMATE IMAGE OR INTIMATE DIGITAL DEPICTION .15
(5.5) T
HIS SECTION DOES NOT APPLY TO A DISCLOSURE OF A16
PRIVATE INTIMATE IMAGE OR AN INTIMATE DIGITAL DEPICTION IF THE17
DISCLOSURE WAS MADE IN GOOD FAITH :18
(a) T
O LAW ENFORCEMENT WHILE REPORTING A VIOLATION OF THIS19
SECTION; OR20
(b) T
O THE COURT, A PARTY, OR A FINDER OF FACT IN A CRIMINAL21
PROCEEDING BROUGHT PURSUANT TO THIS SECTION .22
(6) For purposes of this section, unless the context otherwise23
requires:24
(a) "Displaying sexual acts" means any display of sexual acts even
25
if the private intimate parts are not visible in the image.26
(b) "Image" means a photograph, film, videotape, recording,27
SB25-288
-15- digital file, or other reproduction.1
(c) "Private intimate parts" means external genitalia or the2
perineum or the anus or the pubes of any person or the breast of a female.3
(d) "Sexual acts" means sexual intrusion or sexual penetration as4
defined by section 18-3-401.5
(e) "Social media" means any electronic medium, including an6
interactive computer service, telephone network, or data network, that7
allows users to create, share, and view user-generated content, including8
but not limited to videos, still photographs, blogs, video blogs, podcasts,9
instant messages, electronic mail, or internet website profiles.10
(f) "C
OMPUTER-GENERATED" MEANS CREATED, DEVELOPED,11
MADE, OR PRODUCED BY DIGITAL SOFTWARE , INCLUDING, BUT NOT12
LIMITED TO, PHONE APPLICATIONS AND IMAGE EDITING SOFTWARE .13
(g) "D
EPICTED INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS14
IDENTIFIABLE BY VIRTUE OF THE INDIVIDUAL'S FACE, LIKENESS, OR OTHER15
DISTINGUISHING CHARACTERISTIC, INCLUDING A UNIQUE BIRTHMARK OR16
OTHER RECOGNIZABLE FEATURE , AND WHO:17
(I) B
Y DIGITAL OR COMPUTER-GENERATED MEANS APPEARS IN18
WHOLE OR IN PART IN AN INTIMATE DIGITAL DEPICTION ; OR19
(II) A
PPEARS IN WHOLE OR IN PART IN A PRIVATE INTIMATE IMAGE.20
(h) "D
IGITAL DEPICTION" MEANS A PHOTOGRAPH , FILM,21
VIDEOTAPE, RECORDING, DIGITAL FILE, OR OTHER REALISTIC VISUAL22
DEPICTION OF A DEPICTED INDIVIDUAL THAT HAS BEEN CREATED ,23
ALTERED, OR PRODUCED BY DIGITIZATION OR COMPUTER -GENERATED24
MEANS. "DIGITAL DEPICTION" INCLUDES STORED DATA THAT IS CAPABLE25
OF CONVERSION INTO A VISUAL IMAGE . "DIGITAL DEPICTION" DOES NOT26
INCLUDE HANDMADE DRAWINGS OR CARTOONS .27
SB25-288
-16- (i) "DIGITIZATION" MEANS CREATING OR ALTERING VISUAL OR1
PRINTED MATTER IN A REALISTIC MANNER USING IMAGES OF ANOTHER2
PERSON OR COMPUTER-GENERATED IMAGES, REGARDLESS OF WHETHER3
THE CREATION OR ALTERATION IS ACCOMPLISHED MANUALLY OR THROUGH4
AN AUTOMATED PROCESS. "DIGITIZATION" INCLUDES, BUT IS NOT LIMITED5
TO, CREATION OR ALTERATION OF VISUAL OR PRINTED MATTER USING6
GENERATIVE AI SOFTWARE.7
(j) "D
ISCLOSE" MEANS TO TRANSFER, PUBLISH, DISTRIBUTE, OR8
MAKE ACCESSIBLE.9
(k) "E
LECTRONIC MEDIA" MEANS AN ELECTRONIC MEDIUM ,10
INCLUDING AN INTERACTIVE COMPUTER SERVICE , TELEPHONE NETWORK,11
OR DATA NETWORK, THAT ALLOWS USERS TO CREATE, SHARE, AND VIEW12
USER-GENERATED CONTENT , INCLUDING, BUT NOT LIMITED TO, VIDEOS,13
STILL PHOTOGRAPHS, BLOGS, VIDEO BLOGS OR CHATS, LIVE BLOGS OR LIVE14
STREAMS, PODCASTS, INSTANT MESSAGES, DIRECT MESSAGES, ELECTRONIC15
MAIL, OR INTERNET WEBSITE PROFILES.16
(l) "E
XPLICIT SEXUAL CONDUCT" MEANS SEXUAL INTERCOURSE ,17
SEXUAL INTRUSION, EROTIC FONDLING, EROTIC NUDITY, MASTURBATION,18
SADOMASOCHISM, OR SEXUAL EXCITEMENT.19
(m) "G
ENERATIVE AI" MEANS A SUBSET OF ARTIFICIAL20
INTELLIGENCE THAT INVOLVES USING ALGORITHMS AND MODELS TO21
GENERATE OR CREATE NEW AND ORIGINAL CONTENT .22
(n) "I
MAGE EDITING SOFTWARE" MEANS A COMPUTER PROGRAM23
THAT ALLOWS EDITING, MODIFICATION, OR ALTERATION OF AN IMAGE OR24
VIDEO.25
(o) "I
NTIMATE DIGITAL DEPICTION" MEANS A DIGITAL DEPICTION26
THAT DEPICTS:27
SB25-288
-17- (I) THE INTIMATE PARTS OF A DEPICTED INDIVIDUAL ;1
(II) S
EXUAL CONTACT WITH A DEPICTED INDIVIDUAL ; OR2
(III) A
DEPICTED INDIVIDUAL ENGAGING IN EXPLICIT SEXUAL3
CONDUCT.4
(p) "P
RIVATE INTIMATE IMAGE" MEANS A PHOTOGRAPH , FILM,5
VIDEOTAPE, RECORDING, DIGITAL FILE, OR OTHER REPRODUCTION THAT6
DEPICTS THE PRIVATE INTIMATE PARTS OF A DEPICTED INDIVIDUAL ,7
SEXUAL CONTACT BY A PERSON WITH A DEPICTED INDIVI DUAL , OR A8
DEPICTED INDIVIDUAL ENGAGING IN EXPLICIT SEXUAL CONDUCT ,9
REGARDLESS OF WHETHER OR NOT INTIMATE PARTS ARE VISIBLE IN THE10
IMAGE.11
(q) "P
RIVATE INTIMATE PARTS" MEANS EXTERNAL GENITALIA OR12
THE PERINEUM OR THE ANUS OR THE PUBES OF A PERSON OR THE BREAST13
OF A FEMALE.14
(r) "S
EXUAL CONTACT" MEANS:15
(I) T
HE TOUCHING OF A DEPICTED INDIVIDUAL 'S INTIMATE PARTS16
BY ANOTHER PERSON, OR OF THE OTHER PERSON'S INTIMATE PARTS BY THE17
DEPICTED INDIVIDUAL, OR THE TOUCHING OF THE CLOTHING COVERING THE18
IMMEDIATE AREA OF THE DEPICTED INDIVIDUAL OR OTHER PERSON 'S19
INTIMATE PARTS IF THAT SEXUAL CONTACT IS FOR THE PURPOSES OF20
SEXUAL AROUSAL, GRATIFICATION, OR ABUSE;21
(II) T
HE EMISSION OR EJACULATION OF SEMINAL FLUID ONTO A22
BODY PART OF THE DEPICTED INDIVIDUAL OR THE CLOTHING COVERING A23
BODY PART OF THE DEPICTED INDIVIDUAL ; OR24
(III) C
AUSING SEMEN, BLOOD, URINE, FECES, OR A BODILY25
SUBSTANCE TO CONTACT A BODY PART OF THE DEPICTED INDIVIDUAL OR26
THE CLOTHING COVERING A BODY PART OF THE DEPICTED INDIVIDUAL IF27
SB25-288
-18- THAT CONTACT WITH SEMEN , BLOOD, URINE, FECES, OR A BODILY1
SUBSTANCE IS FOR THE PURPOSE OF SEXUAL AROUSAL , GRATIFICATION, OR2
ABUSE.3
SECTION 4. In Colorado Revised Statutes, 18-7-108, amend (1),4
(2.5), (4)(b), (5), and (6); and add (5.5) as follows:5
18-7-108. Disclosing a private intimate image or intimate6
digital depiction for pecuniary gain - definitions. (1) (a) An actor who7
is eighteen years of age or older commits the offense of posting a private8
image DISCLOSING A PRIVATE INTIMATE IMAGE OR INTIMATE DIGITAL9
DEPICTION for pecuniary gain if the actor posts or distributes DISCLOSES10
OR THREATENS TO DISCLOSE through social ELECTRONIC media or any A11
website any photograph, video, or other image displaying the real or12
simulated private intimate parts of an identified or identifiable person13
eighteen years of age or older or an image displaying sexual acts of an14
identified or identifiable person A PRIVATE INTIMATE IMAGE OR INTIMATE15
DIGITAL DEPICTION WITHOUT THE DEPICTED INDIVIDUAL 'S CONSENT:16
(I) With the intent to obtain a pecuniary benefit from any A person17
as a result of the posting, viewing, or removal DISCLOSURE, THREATENED18
DISCLOSURE, OR RETRACTION of the private INTIMATE image and OR19
INTIMATE DIGITAL DEPICTION; OR20
(II) (A) When the actor has not obtained the depicted person's21
consent; or22
(B) When the actor knew or REASONABLY should have known that23
the depicted person had a reasonable expectation that the image would24
remain private DISCLOSURE OR THREATENED DISCLOSURE WOULD CAUSE25
FINANCIAL HARM TO THE DEPICTED INDIVIDUAL .26
(b) Posting a private image DISCLOSING A PRIVATE INTIMATE27
SB25-288
-19- IMAGE OR INTIMATE DIGITAL DEPICTION for pecuniary gain is a class 11
misdemeanor;
EXCEPT THAT IT IS A CLASS 6 FELONY IF THE ACTOR2
DISCLOSED THE PRIVATE INTIMATE IMAGE OR INTIMATE DIGITAL DEPICTION3
AND THE DISCLOSURE:4
(I) A
FFECTED THE CONDUCT OF AN ADMINISTRATIVE , LEGISLATIVE,5
OR JUDICIAL PROCEEDING OF A GOVERNMENTAL AGENCY , INCLUDING THE6
ADMINISTRATION OF AN ELECTION; OR7
(II) P
OSED AN IMMINENT AND SERIOUS THREAT TO THE DEPICTED8
INDIVIDUAL'S SAFETY OR THE SAFETY OF THE DEPICTED INDIVIDUAL 'S9
IMMEDIATE FAMILY AND THE ACTOR KNEW OR REASONABLY S HOULD HAVE10
KNOWN OF THE IMMINENT AND SERIOUS THREAT .11
(c) Notwithstanding the provisions of section 18-1.3-501 (1)(a)
12
SECTION 18-1.3-501 (1)(a.5), in addition to any other sentence the court13
may impose, the court shall fine the defendant up to ten thousand dollars.14
The fines collected pursuant to this paragraph (c) shall SUBSECTION (1)(c)15
MUST be credited to the crime victim compensation fund created in16
section 24-4.1-117. C.R.S. 17
(2.5) It is not a defense to an alleged violation of this section that18
the image is partially digitally created or altered or that the private19
intimate parts were digitally created or altered THERE IS A DISCLAIMER20
STATING THAT THE INTIMATE DIGITAL DEPICTION OF THE DEPICTED21
INDIVIDUAL WAS UNAUTHORIZED OR THAT THE DEPICTED INDIVIDUAL DID22
NOT PARTICIPATE IN THE CREATION OR DEVELOPMENT OF THE INTIMATE23
DIGITAL DEPICTION.24
(4) (b) An individual whose private intimate parts have been25
posted or an individual who has had an image displaying sexual acts of26
the individual posted IMAGE HAS BEEN DISCLOSED in accordance with this27
SB25-288
-20- section shall retain RETAINS a protectable right of authorship regarding1
the commercial use of the private
INTIMATE image.2
(5) (a) Nothing in this section shall be construed to impose
3
IMPOSES liability on the provider of an interactive computer service, as4
defined in 47 U.S.C. sec. 230 (f)(2); an information service, as defined in5
47 U.S.C. sec. 153 47 U.S.C. SEC. 153 (24); or a telecommunications6
service, as defined in 47 U.S.C. sec. 153 47 U.S.C. SEC. 153 (53), for7
content provided by another person.8
(b) N
OTHING IN THIS SECTION IMPOSES LIABILITY ON THE9
PROVIDER OF AN INTERACTIVE COMPUTER SERVICE , AS DEFINED IN 4710
U.S.C.
SEC. 230 (f)(2), FOR:11
(I) A
N ACTION THE PROVIDER OF AN INTERACTIVE COMPUTER12
SERVICE TAKES VOLUNTARILY AND IN GOOD FAITH TO RESTRICT ACCESS TO13
OR AVAILABILITY OF A PRIVATE INTIMATE IMAGE OR INTIMATE DIGITAL14
DEPICTION; OR15
(II) A
N ACTION THE PROVIDER OF AN INTERACTIVE COMPUTER16
SERVICE TAKES TO ENABLE OR MAKE AVAILABLE TO INFORMATION17
CONTENT PROVIDERS, AS DEFINED IN 47 U.S.C. SEC. 230 (f)(3), OR OTHER18
PERSONS THE TECHNICAL MEANS TO RESTRICT ACCESS TO A PRIVATE19
INTIMATE IMAGE OR INTIMATE DIGITAL DEPICTION .20
(5.5) T
HIS SECTION DOES NOT APPLY TO A DISCLOSURE OF A21
PRIVATE INTIMATE IMAGE OR AN INTIMATE DIGITAL DEPICTION IF THE22
DISCLOSURE WAS MADE IN GOOD FAITH :23
(a) T
O LAW ENFORCEMENT WHILE REPORTING A VIOLATION OF THIS24
SECTION; OR25
(b) T
O THE COURT, A PARTY, OR A FINDER OF FACT IN A CRIMINAL26
PROCEEDING BROUGHT PURSUANT TO THIS SECTION .27
SB25-288
-21- (6) For purposes of this section, unless the context otherwise1
requires:2
(a) "Displaying sexual acts" means any display of sexual acts even3
if the private intimate parts are not visible in the image.4
(b) "Image" means a photograph, film, videotape, recording,5
digital file, or other reproduction.6
(c) "Private intimate parts" means external genitalia or the7
perineum or the anus or the pubes of any person or the breast of a female.8
(d) "Sexual acts" means sexual intrusion or sexual penetration as9
defined by section 18-3-401.10
(e) "Social media" means any electronic medium, including an11
interactive computer service, telephone network, or data network, that12
allows users to create, share, and view user-generated content, including13
but not limited to videos, still photographs, blogs, video blogs, podcasts,14
instant messages, electronic mail, or internet website profiles.15
(f) "C
OMPUTER-GENERATED" MEANS CREATED, DEVELOPED,16
MADE, OR PRODUCED BY DIGITAL SOFTWARE , INCLUDING, BUT NOT17
LIMITED TO, PHONE APPLICATIONS AND IMAGE EDITING SOFTWARE .18
(g) "D
EPICTED INDIVIDUAL" MEANS AN INDIVIDUAL WHO IS19
IDENTIFIABLE BY VIRTUE OF THE INDIVIDUAL'S FACE, LIKENESS, OR OTHER20
DISTINGUISHING CHARACTERISTIC, INCLUDING A UNIQUE BIRTHMARK OR21
OTHER RECOGNIZABLE FEATURE , AND WHO:22
(I) B
Y DIGITAL OR COMPUTER-GENERATED MEANS APPEARS IN23
WHOLE OR IN PART IN AN INTIMATE DIGITAL DEPICTION ; OR24
(II) A
PPEARS IN WHOLE OR IN PART IN A PRIVATE INTIMATE IMAGE.25
(h) "D
IGITAL DEPICTION" MEANS A PHOTOGRAPH , FILM,26
VIDEOTAPE, RECORDING, DIGITAL FILE, OR OTHER REALISTIC VISUAL27
SB25-288
-22- DEPICTION OF A DEPICTED INDIVIDUAL THAT HAS BEEN CREATED ,1
ALTERED, OR PRODUCED BY DIGITIZATION OR COMPUTER -GENERATED2
MEANS. "DIGITAL DEPICTION" INCLUDES STORED DATA THAT IS CAPABLE3
OF CONVERSION INTO A VISUAL IMAGE . "DIGITAL DEPICTION" DOES NOT4
INCLUDE HANDMADE DRAWINGS OR CARTOONS .5
(i) "D
IGITIZATION" MEANS CREATING OR ALTERING VISUAL OR6
PRINTED MATTER IN A REALISTIC MANNER USING IMAGES OF ANOTHER7
PERSON OR COMPUTER-GENERATED IMAGES, REGARDLESS OF WHETHER8
THE CREATION OR ALTERATION IS ACCOMPLISHED MANUALLY OR THROUGH9
AN AUTOMATED PROCESS. "DIGITIZATION" INCLUDES, BUT IS NOT LIMITED10
TO, CREATION OR ALTERATION OF VISUAL OR PRINTED MATTER USING11
GENERATIVE AI SOFTWARE.12
(j) "D
ISCLOSE" MEANS TO TRANSFER, PUBLISH, DISTRIBUTE, OR13
MAKE ACCESSIBLE.14
(k) "E
LECTRONIC MEDIA" MEANS AN ELECTRONIC MEDIUM ,15
INCLUDING AN INTERACTIVE COMPUTER SERVICE , TELEPHONE NETWORK,16
OR DATA NETWORK, THAT ALLOWS USERS TO CREATE, SHARE, AND VIEW17
USER-GENERATED CONTENT , INCLUDING, BUT NOT LIMITED TO, VIDEOS,18
STILL PHOTOGRAPHS, BLOGS, VIDEO BLOGS OR CHATS, LIVE BLOGS OR LIVE19
STREAMS, PODCASTS, INSTANT MESSAGES, DIRECT MESSAGES, ELECTRONIC20
MAIL, OR INTERNET WEBSITE PROFILES.21
(l) "E
XPLICIT SEXUAL CONDUCT" MEANS SEXUAL INTERCOURSE ,22
SEXUAL INTRUSION, EROTIC FONDLING, EROTIC NUDITY, MASTURBATION,23
SADOMASOCHISM, OR SEXUAL EXCITEMENT.24
(m) "G
ENERATIVE AI" MEANS A SUBSET OF ARTIFICIAL25
INTELLIGENCE THAT INVOLVES USING ALGORITHMS AND MODELS TO26
GENERATE OR CREATE NEW AND ORIGINAL CONTENT .27
SB25-288
-23- (n) "IMAGE EDITING SOFTWARE" MEANS A COMPUTER PROGRAM1
THAT ALLOWS EDITING, MODIFICATION, OR ALTERATION OF AN IMAGE OR2
VIDEO.3
(o) "I
NTIMATE DIGITAL DEPICTION" MEANS A DIGITAL DEPICTION4
THAT DEPICTS:5
(I) T
HE INTIMATE PARTS OF A DEPICTED INDIVIDUAL ;6
(II) S
EXUAL CONTACT WITH A DEPICTED INDIVIDUAL ; OR7
(III) A
DEPICTED INDIVIDUAL ENGAGING IN EXPLICIT SEXUAL8
CONDUCT.9
(p) "P
RIVATE INTIMATE IMAGE" MEANS A PHOTOGRAPH , FILM,10
VIDEOTAPE, RECORDING, DIGITAL FILE, OR OTHER REPRODUCTION THAT11
DEPICTS THE PRIVATE INTIMATE PARTS OF A DEPICTED INDIVIDUAL ,12
SEXUAL CONTACT BY A PERSON WITH A DEPICTED INDIVI DUAL , OR A13
DEPICTED INDIVIDUAL ENGAGING IN EXPLICIT SEXUAL CONDUCT ,14
REGARDLESS OF WHETHER OR NOT INTIMATE PARTS ARE VISIBLE IN THE15
IMAGE.16
(q) "P
RIVATE INTIMATE PARTS" MEANS EXTERNAL GENITALIA OR17
THE PERINEUM OR THE ANUS OR THE PUBES OF ANY PERSON OR THE18
BREAST OF A FEMALE.19
(r) "S
EXUAL CONTACT" MEANS:20
(I) T
HE TOUCHING OF A DEPICTED INDIVIDUAL 'S INTIMATE PARTS21
BY ANOTHER PERSON, OR OF THE OTHER PERSON'S INTIMATE PARTS BY THE22
DEPICTED INDIVIDUAL, OR THE TOUCHING OF THE CLOTHING COVERING THE23
IMMEDIATE AREA OF THE DEPICTED INDIVIDUAL OR OTHER PERSON 'S24
INTIMATE PARTS IF THAT SEXUAL CONTACT IS FOR THE PURPOSES OF25
SEXUAL AROUSAL, GRATIFICATION, OR ABUSE;26
(II) T
HE EMISSION OR EJACULATION OF SEMINAL FLUID ONTO A27
SB25-288
-24- BODY PART OF THE DEPICTED INDIVIDUAL OR THE CLOTHING COVERING A1
BODY PART OF THE DEPICTED INDIVIDUAL ; OR2
(III) C
AUSING SEMEN, BLOOD, URINE, FECES, OR A BODILY3
SUBSTANCE TO CONTACT A BODY PART OF THE DEPICTED INDIVIDUAL OR4
THE CLOTHING COVERING A BODY PART OF THE DEPICTED INDIVIDUAL IF5
THAT CONTACT WITH SEMEN , BLOOD, URINE, FECES, OR A BODILY6
SUBSTANCE IS FOR THE PURPOSE OF SEXUAL AROUSAL , GRATIFICATION, OR7
ABUSE.8
SECTION 5. In Colorado Revised Statutes, 24-4.1-302, amend9
(1)(mm) as follows:10
24-4.1-302. Definitions. As used in this part 3, and for no other11
purpose, including the expansion of the rights of any defendant:12
(1) "Crime" means any of the following offenses, acts, and13
violations as defined by the statutes of the state of Colorado, whether14
committed by an adult or a juvenile:15
(mm) Posting a private image
DISCLOSING A PRIVATE INTIMATE16
IMAGE OR INTIMATE DIGITAL DEPICTION for harassment in violation of17
section 18-7-107 or posting a private image DISCLOSING A PRIVATE18
INTIMATE IMAGE OR INTIMATE DIGITAL DEPICTION for pecuniary gain in19
violation of section 18-7-108;20
SECTION 6. Act subject to petition - effective date -21
applicability. (1) This act takes effect at 12:01 a.m. on the day following22
the expiration of the ninety-day period after final adjournment of the23
general assembly; except that, if a referendum petition is filed pursuant24
to section 1 (3) of article V of the state constitution against this act or an25
item, section, or part of this act within such period, then the act, item,26
section, or part will not take effect unless approved by the people at the27
SB25-288
-25- general election to be held in November 2026 and, in such case, will take1
effect on the date of the official declaration of the vote thereon by the2
governor.3
(2) Sections 2, 3, 4, and 5 of this act apply to offenses committed4
on or after the applicable effective date of this act.5
SB25-288
-26-