§ 13-21-1502 — Definitions

Colorado § 13-21-1502

• Jurisdiction: Colorado
• Title 13: Courts
• Art.: Damages

Text

As used in this part 15, unless the context otherwise
requires:

(1) Broadcaster means:

(a) An entity that operates a licensed AM, FM, or television broadcast facility
under the jurisdiction of the federal communications commission, including a digital
platform owned and operated by the entity; or

(b) A radio or television broadcasting station, including a cable or satellite
television operator, programmer, producer, or streaming service.

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

(3) Consent means affirmative, conscious, and voluntary authorization by a
depicted individual.

(4) Depicted individual means an individual who, by digital or computer-generated means, appears in whole or in part in an intimate digital depiction and
who is identifiable by virtue of the individual's face, likeness, or other distinguishing
characteristic, including a unique birthmark or other recognizable feature, or from
information another person displays in connection with the digital depiction.

(5) Digital depiction means a highly realistic visual depiction of a depicted
individual that falsely appears to be authentic or truthful, features a depiction of an
individual appearing to act in a way that the individual did not act, and has been
created, altered, or produced by generative AI, image editing software, or
computer-generated means. Digital depiction includes stored data that is capable
of conversion into a visual image. Digital depiction does not include an image of
the depicted individual contemporaneously captured by film, video, camera, or
digital means without further editing, changes, alterations, or additions of an
intimate part or explicit sexual conduct not otherwise found in the original image or
captured at the time of the original image.

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

(7) Explicit sexual conduct means sexual intercourse, sexual intrusion,
erotic fondling, erotic nudity, masturbation, sadomasochism, or sexual excitement.

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

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

(10) Intimate digital depiction means a digital depiction that depicts:

(a) The intimate parts of a depicted individual;

(b) Sexual contact involving a depicted individual; or

(c) A depicted individual engaging in explicit sexual conduct.

(11) Intimate parts means the external genitalia or the perineum or the anus
or the buttocks or the pubes or the breast of a person.

(12) Reckless disregard means consciously disregarding a substantial and
unjustifiable risk that a result will occur or that a circumstance exists. Reckless
disregard includes, but is not limited to, circumstances when a person is placed on
notice, either implicitly or explicitly, that the disclosure would cause reputational,
emotional, financial, or physical harm to the depicted individual.

(13) Sexual contact means:

(a) The touching of a depicted individual's intimate parts by another person,
or of another person's intimate parts by the depicted individual, or the touching of
the clothing covering the immediate area of the depicted individual or other
person's intimate parts if that sexual contact is for the purposes of sexual arousal,
gratification, or abuse;

(b) The emission or ejaculation of seminal fluid onto a body part of the
depicted individual or the clothing covering a body part of the depicted individual;
or

(c) Causing semen, blood, urine, feces, or a bodily substance to contact a
body part of the depicted individual or the clothing covering a body part of the
depicted individual if that contact with semen, blood, urine, feces, or a bodily
substance is for the purpose of sexual arousal, gratification, or abuse.

(14) Voluntary authorization means authorization provided in the absence
of force, fraud, misrepresentation, duress, or coercion.

Legislative History

Source: L. 2025: Entire part added, (SB 25-288), ch. 339, p. 1819, � 1, effective August 6.