This bill expands existing laws on the disclosure of intimate images to include digitally created or altered depictions—particularly those using generative AI or image editing software—and introduces new legal definitions and penalties to address emerging technologies and harms.
KEY DEFINITIONS INTRODUCED OR MODIFIED:
Digitization:
Creating or altering visual/printed matter using images of another person or computer-generated images.
Includes both manual and automated processes (e.g., through generative AI).
Generative AI:
Algorithms/models that produce new, original content, including fake intimate images.
Intimate Digital Depiction:
A digitally created or altered image showing intimate parts, sexual contact, or explicit sexual conduct involving a recognizable person.
Private Intimate Image:
Any image (real or simulated) showing a person’s intimate parts or sexual acts, with or without visible nudity.
Disclosure:
Defined broadly to include publishing, distributing, transferring, or making content accessible.
OFFENSE DEFINED: DISCLOSURE FOR PECUNIARY GAIN (C.R.S. 18-7-108):
Crime:
A person 18+ commits a crime by disclosing or threatening to disclose a private intimate image or intimate digital depiction without the subject's consent for financial gain.
Penalties:
Class 1 misdemeanor, upgraded to a Class 6 felony if:
Disclosure interferes with government proceedings (e.g., elections or trials), or
Poses a serious safety threat to the person or their family, and the actor knew or should have known.
Fines:
Courts may impose an additional fine up to $10,000, credited to the crime victim compensation fund.
CLARIFICATIONS AND EXCEPTIONS:
No defense for stating the image was digitally altered or that the subject did not participate in its creation.
Interactive computer services (e.g., platforms like Facebook or X) are shielded from liability if acting in good faith to restrict access or enable others to do so.
Exemptions:
Disclosures made in good faith to law enforcement or in court are not violations.
OTHER STATUTORY UPDATES:
Amends the Colorado Crime Victim Rights Act (C.R.S. 24-4.1-302) to include these new offenses as crimes with victim protections.
Clarifies that “digital depictions” do not include cartoons or handmade drawings.
EFFECTIVE DATE:
Effective 90 days after legislative adjournment unless a referendum is filed.
If referred and approved by voters in November 2026, it becomes effective upon the governor’s certification.
OVERALL IMPACT:
Modernizes Colorado’s laws on nonconsensual pornography (“revenge porn”) to address AI-generated and altered imagery.
Expands protections for individuals depicted in synthetic or real intimate images.
Imposes stricter penalties and clearer rules for emerging digital harms, particularly those involving deception and exploitation.
Summary
The bill creates a cause of action against a person who discloses
or threatens to disclose a realistic visual depiction of another individual (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:
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Did not consent to the disclosure;
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Would experience severe emotional distress due to the disclosure or threatened disclosure; and
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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:
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With the intent to harass, intimidate, or coerce the depicted individual, or with the intent to obtain a pecuniary benefit; or
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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
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Posed an imminent and serious threat to the safety of the depicted individual or the depicted individual's immediate family and the person knew or reasonably should have known of the imminent and serious threat.
