SB 25-288 Colorado Senate · 2025 Regular Session

Intimate Digital Depictions Criminal & Civil Actions

Summary

The act creates a cause of action against a person who discloses or threatens to disclose a highly realistic but false visual depiction of another individual (depicted individual) that has been created, altered, or produced by generative AI, image editing software, or computer-generated means and that depicts the intimate body parts of the depicted individual or certain sexual acts involving the depicted individual (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: Did not consent to the disclosure; Would experience severe emotional distress due to the disclosure or threatened disclosure; and Was identifiable. The act creates an exception to its civil liability provisions for a provider of the technology used to create an intimate digital depiction. Other exceptions include disclosures related to matters of public concern, parody, satire, and impersonation; disclosures made in good faith in various circumstances; and broadcasts of third-party content under certain conditions. 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. In the context of the criminal law punishing sexual exploitation of a child, the act updates the definition of "sexually exploitative material" to include realistic computer-generated digital depictions that depict an identifiable child. The act 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 who is eighteen years of age or older 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. The harassment offense now requires that the disclosure or threatened disclosure cause physical, emotional, or reputational harm to the depicted individual. Like the offenses for posting a private image in current law, disclosing a private intimate image or intimate digital depiction is a class 1 misdemeanor; except that the act increases the penalty to a class 6 felony if the person made the disclosure and the disclosure 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. The act changes the offenses of posting, possessing, or exchanging a private image by a juvenile to the related offenses of disclosing, possessing, or exchanging a private intimate image or intimate digital depiction by a juvenile. The penalties remain the same. (Note: This summary applies to this bill as enacted.)

Issues: ✓ Technology

Bill status signed all 5 stages cleared

Introduction

Apr 2025

Committee Review

May 2025

Senate Passage

Apr 2025

House Passage

May 2025

Signed into Law

Jun 2025

Introduced Apr 9, 2025 Signed Jun 2, 2025

Maddy AI version diff · 8 comparisons

What changed between versions

Revised (05/05/2025) → PA1 (04/22/2025) · 7 edits

MODERATE

This bill was amended to shift from a finalized version to a pre-amended draft, with significant substantive changes to definitions and scope. The most important change is the reorganization of statutory definitions, which now explicitly define 'computer-generated' content, 'consent,' and 'depicted individuals' in a new order. The bill also adds new definitions for 'digital depiction' and 'generative AI,' expanding the legal framework to cover AI-generated intimate images.

Scope change

The bill's scope was expanded to explicitly include generative AI and computer-generated intimate depictions, moving beyond traditional digital manipulation to cover AI-created content.

DEFINITION

The order of statutory definitions was reorganized, moving 'computer-generated' to definition (2), 'consent' to (3), and 'depicted individual' to (4).

New definition for 'digital depiction' was added to explicitly include generative AI and computer-generated means, while excluding contemporaneously captured images without further editing.

New definition for 'generative AI' was added to clarify the subset of artificial intelligence technology covered by the bill.

New definition for 'computer-generated' was added to include digital software, phone applications, and image editing software.

The definition of 'consent' was renumbered and retained, emphasizing affirmative, conscious, and voluntary authorization.

The definition of 'depicted individual' was renumbered and expanded to include recognizable features like birthmarks or distinguishing characteristics.

ELIGIBILITY

The definition of 'broadcaster' was streamlined to remove redundant language about radio or television broadcasting stations and cable operators.

Floor votes · Senate Apr 29, 2025 · House May 6, 2025

How they voted

30–0

Passed · 4 other

Total votes 34

Apr 29, 2025

D Democratic22

18 Yea 4

81% Yea

R Republican12

12 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Jun 2, 2025

Signed into law

Governor Signed

executive

May 6, 2025

Introduced

Senate Considered House Amendments - Result was to Concur - Repass

upper

May 6, 2025

Lower · Passed

House Third Reading Passed - No Amendments

lower

May 3, 2025

Lower · Passed

House Committee on Judiciary Refer Amended to House Committee of the Whole

lower

Apr 29, 2025

Introduced

Introduced In House - Assigned to Judiciary

lower

Apr 29, 2025

Upper · Passed

Senate Third Reading Passed - No Amendments

upper

Apr 21, 2025

Upper · Passed

Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole

upper

Apr 9, 2025

Introduced

Introduced In Senate - Assigned to Judiciary

upper

3 primary · 20 co-sponsors