Colorado § 18-7-109 - Disclosure, possession, or exchange of a private intimate image or intimate digital depiction by a juvenile - definitions - penalties.

§ 18-7-109. Disclosure, possession, or exchange of a private intimate image or intimate digital depiction by a juvenile - definitions - penalties.

(1) A juvenile commits the offense of disclosing a private intimate image or intimate digital depiction by a juvenile if the juvenile, through digital or electronic means:

(a) Knowingly discloses or threatens to disclose to the view of another person a private intimate image or an intimate digital depiction of another individual who is at least fourteen years of age or is less than four years younger than the juvenile:

(I) Without the depicted individual's consent; or

(II) When the recipient did not solicit or request to be supplied with the private intimate image or intimate digital depiction and suffered emotional distress; or

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

(b) Knowingly discloses or threatens to disclose, to the view of another person who is at least fourteen years of age or is less than four years younger than the juvenile, a private intimate image or intimate digital depiction of himself or herself when the recipient did not solicit or request to be supplied with the image and suffered emotional distress.

(2) A juvenile commits the offense of possessing a private intimate image or intimate digital depiction by a juvenile if the juvenile, through digital or electronic means, knowingly possesses a private intimate image or intimate digital depiction of another individual who is at least fourteen years of age or is less than four years younger than the juvenile without the depicted individual's consent; except that it is not a violation of this subsection (2) if the juvenile:

(a) Took reasonable steps to either destroy or delete the private intimate image or intimate digital depiction within seventy-two hours after initially viewing the image or depiction; or

(b) Reported the initial viewing of the image or depiction to law enforcement or a school resource officer within seventy-two hours after initially viewing the image or depiction.

(3) A juvenile commits the civil infraction of exchange of a private intimate image or intimate digital depiction by a juvenile if the juvenile, through digital or electronic means:

(a) Knowingly sends a private intimate image or intimate digital depiction of himself or herself to another person who is at least fourteen years of age or is less than four years younger than the juvenile, and the image or depiction depicts only the sender and no other person and the sender reasonably believed that the recipient had solicited or otherwise agreed to the transmittal of the image or depiction; or

(b) Knowingly possesses a private intimate image or intimate digital depiction of another person who is at least fourteen years of age or is less than four years younger than the juvenile, and the image or depiction depicts only the sender and no other person and the juvenile reasonably believed that the depicted individual had transmitted the image or depiction or otherwise agreed to the transmittal of the image or depiction.

(4) It is an affirmative defense to subsection (1), (2), or (3) of this section if a juvenile is coerced, threatened, or intimidated into disclosing, possessing, or exchanging a private intimate image or intimate digital depiction of a person under eighteen years of age.

(5) (a) Disclosing a private intimate image or intimate digital depiction by a juvenile is a class 2 misdemeanor; except that it is a class 1 misdemeanor if:

(I) The juvenile committed the offense with the intent to coerce, intimidate, threaten, or otherwise cause emotional distress to the depicted individual; or

(II) The juvenile had previously disclosed a private intimate image or intimate digital depiction and completed a diversion program or education program for the act pursuant to the provisions of this section or had a prior adjudication for disclosing a private intimate image or intimate digital depiction by a juvenile; or

(III) The juvenile disclosed three or more images or depictions that depicted three or more separate and distinct individuals.

(b) Possessing a private intimate image or intimate digital depiction by a juvenile is a petty offense; except that it is a class 2 misdemeanor if the unsolicited possessor of the image or depiction possessed ten or more separate images or depictions that depicted three or more separate and distinct individuals.

(c) Exchange of a private intimate image or intimate digital depiction by a juvenile is a civil infraction and is punishable by participation in a program designed by the school safety resource center or other appropriate program addressing the risks and consequences of exchanging a private intimate image or intimate digital depiction of a juvenile or a fine of up to fifty dollars, which may be waived by the court upon a showing of indigency. If the juvenile fails to appear in response to a civil infraction citation or fails to complete the required class or pay the imposed fee, the court may issue an order to show cause requiring the juvenile's appearance in court and impose additional age-appropriate penalties. The court shall not issue a warrant for the arrest of the juvenile or impose incarceration as a penalty.

(d) In addition to any other sentence the court may impose for a violation of subsection (1) of this section, the court shall order the juvenile be assessed for suitability to participate in restorative justice practices, if available, and, upon a determination of suitability, the court shall inform the victim about the possibility of restorative justice practices as defined in section 18-1-901 (3)(o.5). The court shall not consider the victim's unwillingness to participate in restorative justice practices when determining other sentencing options.

(e) Each district attorney is encouraged to develop a diversion program for juveniles who violate the provisions of this section and offer the program to a juvenile who is alleged to have violated this section for the first time. If the jurisdiction does not have a diversion program, the district attorney is encouraged to provide alternative programming designed to allow the juvenile to avoid any adjudication.

(6) The court shall order all records in a juvenile delinquency case in the custody of the court, and any records related to the case and charges in the custody of any other agency, person, company, or organization, that are related to an offense pursuant to this section expunged within forty-two days after the completion of the sentence or other alternative program.

(7) A person who is a victim of a violation of subsection (1), (2), or (3) of this section is eligible for compensation and services pursuant to part 1 of article 4.1 of title 24.

(8) As used in this section, unless the context otherwise requires:

(a) and (b) (Deleted by amendment, L. 2025.)

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

(d) "Depicted individual" means an individual 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.

(e) "Digital depiction" means a photograph, film, videotape, recording, digital file, or other highly realistic visual depiction of a depicted individual, which falsely appears to be authentic or truthful and which features a depiction of an individual appearing to act in a way that the individual did not act and which has been created, altered, or produced by digitization or computer-generated means. "Digital depiction" does not include handmade drawings or cartoons.

(f) "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.

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

(h) "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.

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

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

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

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

(II) A depicted individual engaging in sexual acts.

(l) "Juvenile" means a person under eighteen years of age.

(m) "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.

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

Source: L. 2017: Entire section added, (HB 17-1302), ch. 390, p. 2013, § 4, effective January 1, 2018. L. 2024: IP(8) and (8)(b) amended, (SB 24-011), ch. 402, p. 2769, § 7, effective August 7. L. 2025: (1), (2), (3), (4), (5)(a), (5)(b), (5)(c), and (8) amended, (SB 25-288), ch. 339, p. 1833, § 6, effective August 6.

Cross references: (1) For the legislative declaration in HB 17-1302 stating the purpose of, and the provision directing legislative service agencies to conduct, a post-enactment review pursuant to § 2-2-1201 scheduled in 2020, see sections 1 and 7 of chapter 390, Session Laws of Colorado 2017. To obtain a copy of the review, go to "Legislative Resources and Requirements" on the Colorado General Assembly's website.

(2) For the legislative declaration in HB 17-1302, see section 1 of chapter 390, Session Laws of Colorado 2017. For the legislative declaration in SB 24-011, see section 1 of chapter 402, Session Laws of Colorado 2024.

ANNOTATION

Law review. For comment, "The Kids Are Alright: Teen Sexting, Child Pornography Charges, and the Criminalization of Adolescent Sexuality", see 91 U. Colo. L. Rev. 251 (2020).

PART 2

PROSTITUTION

Cross references: For provisions relating to HIV infection and acquired immune deficiency syndrome, see part 14 of article 4 of title 25.