SB 25-288 CO

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Became Law

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.)

• Robert Rodriguez Democratic · primary
• Brianna Titone Democratic · primary
• Matt Soper Republican · primary

1. Jun 2, 2025 Governor Signed · executive
2. May 13, 2025 Signed by the Speaker of the House · lower
3. May 13, 2025 Signed by the President of the Senate · upper
4. May 13, 2025 Sent to the Governor · executive
5. May 6, 2025 Senate Considered House Amendments - Result was to Concur - Repass · upper
6. May 6, 2025 House Third Reading Passed - No Amendments · lower
7. May 5, 2025 House Second Reading Special Order - Passed with Amendments - Committee, Floor · lower
8. May 3, 2025 House Second Reading Special Order - Laid Over Daily - No Amendments · lower
9. May 3, 2025 House Committee on Judiciary Refer Amended to House Committee of the Whole · lower
10. Apr 29, 2025 Introduced In House - Assigned to Judiciary · lower
11. Apr 29, 2025 Senate Third Reading Passed - No Amendments · upper
12. Apr 28, 2025 Senate Second Reading Passed with Amendments - Committee, Floor · upper
13. Apr 25, 2025 Senate Second Reading Laid Over to 04/28/2025 - No Amendments · upper
14. Apr 24, 2025 Senate Second Reading Laid Over Daily - No Amendments · upper
15. Apr 21, 2025 Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole · upper
16. Apr 9, 2025 Introduced In Senate - Assigned to Judiciary · upper