Colorado § 18-7-107 - Disclosing a private intimate image or intimate digital depiction for harassment - definitions.

§ 18-7-107. Disclosing a private intimate image or intimate digital depiction for harassment - definitions.

(1) (a) An actor who is eighteen years of age or older commits the offense of disclosing a private intimate image or intimate digital depiction for harassment if the actor discloses or threatens to disclose through the use of electronic media or a website a private intimate image or an intimate digital depiction without the depicted individual's consent:

(I) to (III) (Deleted by amendment, L. 2025.)

(IV) (A) With the intent to harass, intimidate, or coerce the depicted individual; or

(B) When the actor knew or reasonably should have known that the depicted individual had a reasonable expectation that the private intimate image or intimate digital depiction would remain private; and

(V) The disclosure or threat to disclose caused physical, emotional, or reputational harm to the depicted individual.

(b) Disclosing a private intimate image or intimate digital depiction for harassment is a class 1 misdemeanor; except that it is a class 6 felony if the actor disclosed the private intimate image or intimate digital depiction and the disclosure posed an imminent and serious threat to the depicted individual's safety or the safety of the depicted individual's immediate family and the actor knew or reasonably should have known of the imminent and serious threat.

(c) Notwithstanding section 18-1.3-501 (1)(a.5), in addition to any other sentence the court may impose, the court shall fine the defendant up to ten thousand dollars. The fines collected pursuant to this subsection (1)(c) must be credited to the crime victim compensation fund created in section 24-4.1-117.

(2) Repealed.

(2.5) It is not a defense to an alleged violation of this section 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.

(3) Nothing in this section precludes punishment under any section of law providing for greater punishment.

(4) (a) Repealed.

(b) An individual whose private intimate image has been disclosed in accordance with this section retains a protectable right of authorship regarding the commercial use of the private intimate image.

(5) (a) Nothing in this section imposes liability on the provider of an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2); an information service, as defined in 47 U.S.C. sec. 153 (24); or a telecommunications service, as defined in 47 U.S.C. sec. 153 (53), for content provided by another person.

(b) Nothing in this section imposes liability on the provider of an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2), for:

(I) An action the provider of an interactive computer service takes voluntarily and in good faith to restrict access to or availability of a private intimate image or intimate digital depiction; or

(II) An action the provider of an interactive computer service takes to enable or make available to information content providers, as defined in 47 U.S.C. sec. 230 (f)(3), or other persons the technical means to restrict access to a private intimate image or intimate digital depiction.

(5.5) This section does not apply to a disclosure of a private intimate image or an intimate digital depiction if the disclosure was made in good faith:

(a) To law enforcement while reporting a violation of this section; or

(b) To the court, a party, or a finder of fact in a criminal proceeding brought pursuant to this section.

(6) For purposes of this section, unless the context otherwise requires:

(a) to (e) (Deleted by amendment, L. 2025.)

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

(g) "Depicted individual" means an individual who is eighteen years of age or older and who is identifiable by virtue of the individual's face, likeness, or other distinguishing characteristic, including a unique birthmark or other recognizable feature, and who:

(I) By digital or computer-generated means appears in whole or in part in an intimate digital depiction; or

(II) Appears in whole or in part in a private intimate image.

(h) "Digital depiction" means a photograph, film, videotape, recording, digital file, or other 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 digitization or computer-generated means. "Digital depiction" does not include handmade drawings or cartoons.

(i) "Digitization" means creating or altering visual or printed matter in a realistic manner using images of another person or computer-generated images, regardless of whether the creation or alteration is accomplished manually or through an automated process. "Digitization" includes, but is not limited to, creation or alteration of visual or printed matter using generative AI software.

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

(k) "Electronic media" means an electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content, including, but not limited to, videos, still photographs, blogs, video blogs or chats, live blogs or live streams, podcasts, instant messages, direct messages, electronic mail, or internet website profiles.

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

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

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

(I) The intimate parts of a depicted individual; or

(II) Sexual acts of a depicted individual.

(o) "Private intimate image" means a photograph, film, videotape, recording, digital file, or other reproduction that depicts the private intimate parts of a depicted individual or a depicted individual engaging in sexual acts, regardless of whether or not intimate parts are visible in the image.

(p) "Private intimate parts" means external genitalia or the perineum or the anus or the pubes of a person or the breast of a female.

(q) "Sexual acts" means sexual intrusion or sexual penetration as defined in section 18-3-401.

Source: L. 2014: Entire section added, (HB 14-1378), ch. 283, p. 1160, § 1, effective July 1. L. 2018: IP(1)(a), (1)(a)(I), and (4) amended, (2) repealed, and (6) R&RE, (HB 18-1264), ch. 192, p. 1276, § 1, effective July 1. L. 2019: (4)(a) repealed, (SB 19-100), ch. 88, p. 330, § 2, effective April 8. L. 2024: IP(1)(a) amended and (2.5) added, (SB 24-011), ch. 402, p. 2768, § 5, effective August 7. L. 2025: (1), (2.5), (4)(b), (5), and (6) amended and (5.5) added, (SB 25-288), ch. 339, p. 1826, § 3, effective August 6.

Cross references: For the legislative declaration in SB 24-011, see section 1 of chapter 402, Session Laws of Colorado 2024.

ANNOTATION

"Breast of a female" can be interpreted to mean either the whole breast or simply a portion of the breast. Further, interpreting that phrase to mean any portion of the female breast is not constitutionally vague. People v. Pellegrin, 2021 COA 118, 500 P.3d 384, aff'd on other grounds, 2023 CO 37, 532 P.3d 1224.