Colorado § 13-21-1503 - Civil action - consent - disclaimers.

§ 13-21-1503. Civil action - consent - disclaimers.

(1) Except as otherwise provided in section 13-21-1504, a depicted individual who is the subject of an intimate digital depiction that a person disclosed or threatened to disclose without the depicted individual's consent and who has suffered harm from the disclosure or threatened disclosure of the intimate digital depiction has a cause of action against the person who disclosed the intimate digital depiction if the person knew or acted with reckless disregard for whether the depicted individual:

(a) Did not consent to the disclosure;

(b) Would experience severe emotional distress due to the disclosure or threatened disclosure; and

(c) Was identifiable.

(2) For purposes of an action brought pursuant to subsection (1) of this section:

(a) A depicted individual's consent to the creation of the intimate digital depiction does not establish that the depicted individual consented to disclosure of the intimate digital depiction;

(b) A depicted individual's consent is not valid unless the consent is set forth in an agreement that:

(I) Is written in plain language;

(II) Is signed knowingly and voluntarily by the depicted individual;

(III) Includes a general description of the intimate digital depiction;

(IV) Identifies the specific use of the intimate digital depiction agreed upon between the parties, including the platforms or locations where the intimate digital depiction will be published or otherwise made available to third parties, the time period during which the intimate digital depiction will be made available to third parties, and security features contained within the digital depiction to prevent theft or unauthorized copying; and

(V) If applicable, includes a general description of the visual work into which the intimate digital depiction is incorporated, including, but not limited to, a movie, television show, artwork, product, comic book, computer application, visual novel, web series, online avatar, dating application, computer game, video game, or chatbot; and

(c) Previous consensual disclosure of the intimate digital depiction that is the subject of the action does not, by itself, establish that the depicted individual consented to a subsequent disclosure of the intimate digital depiction.

(3) It is not a defense to an action brought pursuant to this part 15 that there is a disclaimer stating that the intimate digital depiction of the depicted individual was unauthorized or that the depicted individual did not participate in the creation or development of the intimate digital depiction.

(4) In the case of a depicted individual who is under eighteen years of age or is incompetent, incapacitated, or deceased, the legal guardian of the depicted individual, another family member, a representative of the depicted individual's estate, or any other person appointed as suitable by the court may assume the depicted individual's rights pursuant to this part 15; except that a defendant against whom an action is brought pursuant to this part 15 shall not, in any event, assume the depicted individual's rights.

(5) This section is not the exclusive remedy for a disclosure or threatened disclosure of an intimate digital depiction; a plaintiff may also bring any other available common law or statutory claims.

Source: L. 2025: Entire part added, (SB 25-288), ch. 339, p. 1821, § 1, effective August 6.