§ 13-21-1503 — Civil action - consent - disclaimers

Colorado § 13-21-1503

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

Text

(1) Except as otherwise
provided in section 13-21-1504, a depicted individual who is the subject of an
intimate digital depiction that a person disclosed or threatened to disclose without
the depicted individual's consent and who has suffered harm from the disclosure or
threatened disclosure of the intimate digital depiction has a cause of action against
the person who disclosed the intimate digital depiction if the person knew or acted
with reckless disregard for whether the depicted individual:

(a) Did not consent to the disclosure;

(b) Would experience severe emotional distress due to the disclosure or
threatened disclosure; and

(c) Was identifiable.

(2) For purposes of an action brought pursuant to subsection (1) of this
section:

(a) A depicted individual's consent to the creation of the intimate digital
depiction does not establish that the depicted individual consented to disclosure of
the intimate digital depiction;

(b) A depicted individual's consent is not valid unless the consent is set forth
in an agreement that:

(I) Is written in plain language;

(II) Is signed knowingly and voluntarily by the depicted individual;

(III) Includes a general description of the intimate digital depiction;

(IV) Identifies the specific use of the intimate digital depiction agreed upon
between the parties, including the platforms or locations where the intimate digital
depiction will be published or otherwise made available to third parties, the time
period during which the intimate digital depiction will be made available to third
parties, and security features contained within the digital depiction to prevent theft
or unauthorized copying; and

(V) If applicable, includes a general description of the visual work into which
the intimate digital depiction is incorporated, including, but not limited to, a movie,
television show, artwork, product, comic book, computer application, visual novel,
web series, online avatar, dating application, computer game, video game, or
chatbot; and

(c) Previous consensual disclosure of the intimate digital depiction that is the
subject of the action does not, by itself, establish that the depicted individual
consented to a subsequent disclosure of the intimate digital depiction.

(3) It is not a defense to an action brought pursuant to this part 15 that there
is a disclaimer stating that the intimate digital depiction of the depicted individual
was unauthorized or that the depicted individual did not participate in the creation
or development of the intimate digital depiction.

(4) In the case of a depicted individual who is under eighteen years of age or
is incompetent, incapacitated, or deceased, the legal guardian of the depicted
individual, another family member, a representative of the depicted individual's
estate, or any other person appointed as suitable by the court may assume the
depicted individual's rights pursuant to this part 15; except that a defendant
against whom an action is brought pursuant to this part 15 shall not, in any event,
assume the depicted individual's rights.

(5) This section is not the exclusive remedy for a disclosure or threatened
disclosure of an intimate digital depiction; a plaintiff may also bring any other
available common law or statutory claims.

Legislative History

Source: L. 2025: Entire part added, (SB 25-288), ch. 339, p. 1821, � 1, effective August 6.