In one paragraph
Colorado's HB26-1049 would have made it a crime to use another person's fingerprint, voiceprint, retina or iris scan, or facial map in an advertisement, deepfake, image, video, voice recording, or other digital depiction without permission: a class 5 felony, or a class 4 felony if done to intentionally harm that person. A harmed person could sue for damages and attorney fees. The House committee postponed it indefinitely February 12, 2026; it is dead.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
None: the bill did not pass. Had it passed, advertisers, media producers, and AI or deepfake creators using someone's biometric features without permission, outside the listed exceptions, could have faced felony charges and lawsuits.
Key provisions
- New C.R.S. 18-5-906 would define a personally identifying feature as a fingerprint, voiceprint, retina or iris scan or record, or facial map, geometry, or template
- "Use" would mean taking, capturing, creating, or including the feature in an advertisement, a deepfake (as defined in Section 1-46-102), image, video, voice recording, or other digital depiction
- Using the feature without permission would be a class 5 felony; using it without permission to intentionally harm the person would be a class 4 felony
- A harmed individual could bring a civil action for damages and reasonable attorney fees; unlawful use without permission would itself be a legally cognizable harm
- Exceptions include criminal-investigation and reporting material, government acts in official duties, news, comment, satire or parody, fleeting use, and First Amendment-protected activity
- Status: committee adopted amendment L.003 and then failed 2-9 to refer to the Committee of the Whole; postponed indefinitely 9-2 on February 12, 2026. The amendment was never incorporated
Latest legislative action
Feb 12, 2026. House Committee on State, Civic, Military, & Veterans Affairs Postpone Indefinitely
Sponsors
| Name | Role |
|---|---|
| M. Baisley | Sponsor |
| S. Bottoms | Sponsor |
Topics and industries
Related topics
Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error