Colorado § 13-21-1502 - Definitions.

§ 13-21-1502. Definitions.

As used in this part 15, unless the context otherwise requires:

(1) "Broadcaster" means:

(a) An entity that operates a licensed AM, FM, or television broadcast facility under the jurisdiction of the federal communications commission, including a digital platform owned and operated by the entity; or

(b) A radio or television broadcasting station, including a cable or satellite television operator, programmer, producer, or streaming service.

(2) "Computer-generated" means created, developed, made, or produced by digital software, including, but not limited to, phone applications and image editing software.

(3) "Consent" means affirmative, conscious, and voluntary authorization by a depicted individual.

(4) "Depicted individual" means an individual who, by digital or computer-generated means, appears in whole or in part in an intimate digital depiction and who is identifiable by virtue of the individual's face, likeness, or other distinguishing characteristic, including a unique birthmark or other recognizable feature, or from information another person displays in connection with the digital depiction.

(5) "Digital depiction" means a highly realistic visual depiction of a depicted individual that falsely appears to be authentic or truthful, features a depiction of an individual appearing to act in a way that the individual did not act, and has been created, altered, or produced by generative AI, image editing software, or computer-generated means. "Digital depiction" includes stored data that is capable of conversion into a visual image. "Digital depiction" does not include an image of the depicted individual contemporaneously captured by film, video, camera, or digital means without further editing, changes, alterations, or additions of an intimate part or explicit sexual conduct not otherwise found in the original image or captured at the time of the original image.

(6) "Disclose" means to transfer, publish, distribute, or make accessible.

(7) "Explicit sexual conduct" means sexual intercourse, sexual intrusion, erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement.

(8) "Generative AI" means a subset of artificial intelligence that involves using algorithms and models to generate or create new and original content.

(9) "Image editing software" means a computer program that allows editing, modification, or alteration of an image or video.

(10) "Intimate digital depiction" means a digital depiction that depicts:

(a) The intimate parts of a depicted individual;

(b) Sexual contact involving a depicted individual; or

(c) A depicted individual engaging in explicit sexual conduct.

(11) "Intimate parts" means the external genitalia or the perineum or the anus or the buttocks or the pubes or the breast of a person.

(12) "Reckless disregard" means consciously disregarding a substantial and unjustifiable risk that a result will occur or that a circumstance exists. "Reckless disregard" includes, but is not limited to, circumstances when a person is placed on notice, either implicitly or explicitly, that the disclosure would cause reputational, emotional, financial, or physical harm to the depicted individual.

(13) "Sexual contact" means:

(a) The touching of a depicted individual's intimate parts by another person, or of another person's intimate parts by the depicted individual, or the touching of the clothing covering the immediate area of the depicted individual or other person's intimate parts if that sexual contact is for the purposes of sexual arousal, gratification, or abuse;

(b) The emission or ejaculation of seminal fluid onto a body part of the depicted individual or the clothing covering a body part of the depicted individual; or

(c) Causing semen, blood, urine, feces, or a bodily substance to contact a body part of the depicted individual or the clothing covering a body part of the depicted individual if that contact with semen, blood, urine, feces, or a bodily substance is for the purpose of sexual arousal, gratification, or abuse.

(14) "Voluntary authorization" means authorization provided in the absence of force, fraud, misrepresentation, duress, or coercion.

Source: L. 2025: Entire part added, (SB 25-288), ch. 339, p. 1819, § 1, effective August 6.