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Concerning preventing certain disclosures of intimate depictions, and, in connection therewith, creating a cause of action for nonconsensual disclosure of an intimate digital depiction and adding and amending related provisions in criminal law.
In one paragraph
Colorado SB 25-288 enacts the Preventing Unauthorized Disclosure of Intimate Digital Depictions Act. A digital depiction is a highly realistic image falsely appearing authentic that was created, altered or produced by generative AI, image editing software or computer-generated means. A person who discloses or threatens to disclose an intimate digital depiction without signed consent can be sued for actual damages or $150,000, exemplary damages, fees and injunctions; a disclaimer is no defense. It also extends sexual exploitation of a child to realistic computer-generated depictions of an identifiable child and updates the private-image offenses.
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Creators and distributors of AI-generated intimate images face large civil damages in Colorado, and AI-generated child sexual material is a crime.
Key provisions
- C.R.S. 13-21-1501 to -1507: civil action for disclosing or threatening to disclose an intimate digital depiction without consent
- 'Digital depiction' includes realistic images created, altered or produced by generative AI, image editing software or computer-generated means
- Remedies: defendant's gain plus actual damages or $150,000 liquidated damages, exemplary damages, attorney fees, TRO or injunction
- Consent only by plain-language signed agreement; a disclaimer is not a defense; plaintiffs may use a pseudonym
- C.R.S. 18-6-403: sexually exploitative material includes realistic computer-generated depictions of an identifiable child
- Amends 18-7-107, 18-7-108 and 18-7-109 to cover intimate digital depictions
Latest legislative action
Jun 2, 2025. Governor Signed; Session Laws 2025, ch. 339
Topics and industries
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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