All Roll Calls
Yes: 207 • No: 116
ColoradoSB25-2882025 Regular SessionSenateWALLET
Intimate Digital Depictions Criminal & Civil Actions
Sponsored By: Brianna Titone (Democratic), Matt Soper (Republican), Robert Rodriguez (Democratic)
Signed by Governor
Crimes, Corrections, & EnforcementCivil Law
Personalized for You
How does this bill affect your finances?
Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
8 provisions identified: 4 benefits, 1 costs, 3 mixed.
Victims can sue over intimate digital images
People harmed by sharing, or threats to share, an intimate digital depiction without consent can sue. This covers realistic AI-created or edited sexual images, not unedited images captured at the time. Victims must prove the defendant knew or recklessly ignored their lack of consent, likely severe emotional distress, and identity. Consent must be knowing and voluntary, in a signed, plain-language agreement describing the image, uses, platforms, time period, and security features. Agreeing to creation or earlier sharing does not authorize later sharing; an unauthorized-image disclaimer is not a defense. Winners can recover the defendant's profits plus actual damages, including emotional distress, or $150,000, whichever is greater. Courts can also award punitive damages, reasonable attorney fees, litigation costs, and orders stopping disclosure. Representatives can act for minors and people who are incompetent, incapacitated, or deceased; plaintiffs can use pseudonyms and keep other legal claims.
Intimate-image victims gain coverage and commercial rights
Victims of the harassment and financial-gain intimate-image offenses are included in Colorado's listed crime-victim provisions. This change does not set a specific payment amount. People whose private intimate images are disclosed under either listed law retain a protected authorship right over commercial use. That right does not guarantee a payment.
Child exploitation charges cover realistic digital images
Child-exploitation law covers obscene digital or computer-made images indistinguishable from real depictions of children in explicit sexual conduct. This includes depictions of children participating in, observing, or being used for that conduct. Prosecutors do not have to identify an actual child for this covered material. Defendants cannot use lack of knowledge that the image was digitally or computer-generated as a defense.
Adults face penalties for harmful intimate-image sharing
Adults age 18 or older face class 1 misdemeanor charges for specified sharing or threats without the depicted person's consent. The harassment offense covers electronic or website sharing intended to harass, intimidate, or coerce, or involving reasonably foreseeable physical, emotional, or reputational harm. The financial offense covers demands for money or another financial benefit tied to sharing, threats, or retraction. It also covers sharing or threats when the adult knew or reasonably should have known financial harm would result. Actual sharing becomes a class 6 felony if it affects a government proceeding, including an election. It also becomes a felony for an imminent, serious safety threat to the person or immediate family that the adult knew or should have known about. Courts must add a fine of up to $10,000; collected fines go to the Crime Victim Compensation Fund. Disclaimers about an unauthorized digital depiction or the person's lack of involvement in creating it are not defenses. Good-faith reports to police and disclosures to a court, party, or fact-finder in criminal proceedings under these offenses are protected. Criminal liability applies to offenses committed on or after the law's applicable effective date.
Youth image offenses include safeguards and penalties
Separate rules cover people under 18 who digitally share, threaten to share, possess, or exchange private intimate images or intimate digital depictions. The depicted person must be at least 14 or less than four years younger than the youth. Covered conduct includes nonconsensual sharing, privacy violations, and specified unsolicited sharing, including a youth's own image. Offenses range from civil infractions and petty offenses to class 1 or class 2 misdemeanors. Distributing at least three images depicting at least three people can trigger criminal treatment; possessing at least 10 images depicting at least three people is a class 2 misdemeanor. A youth avoids the possession offense by reasonably trying to delete or destroy the material within 72 hours after first viewing. Reporting that first viewing to police or a school resource officer within the same period also qualifies. Coercion, threats, or intimidation provide a defense, and conduct limited to the listed possession or exchange violations avoids specified child-exploitation charges. Exchange is a civil infraction requiring a school safety program and a fine up to $50, waivable for inability to pay. Courts cannot order arrest or jail for that infraction, though noncompliance can bring show-cause proceedings and age-appropriate penalties. The law sets its start at 12:01 a.m. the day after 90 days following final legislative adjournment. A referendum petition instead ties effectiveness to voter approval in November 2026 and the governor's official declaration of the result.
School lessons explain intimate-image risks and safeguards
Colorado's School Safety Resource Center must include private intimate images and intimate digital depictions in its model sexting program. Lessons must explain the 72-hour deletion or reporting option for students receiving material in violation of the youth image law. Taking reasonable steps within that period can prevent a juvenile-delinquency ruling for the covered possession. The statute lists June 1, 2018, as the deadline for making the model program available.
Online services keep third-party image liability protections
Interactive computer, information, and telecommunications services are not liable under these criminal provisions for content supplied by someone else. Interactive computer services also have protection for voluntary, good-faith efforts to block access to covered intimate images. They are protected when providing others with technical tools to restrict access.
Civil lawsuits have exceptions for protected sharing
Civil exceptions protect good-faith reports to police, disclosures in legal proceedings, investigations of unlawful or unwelcome conduct, and efforts to help victims. Sharing about a matter of public concern is also protected; being a public figure alone does not qualify. The person claiming an exception must prove it, and these good-faith exceptions do not protect anyone who made the depiction. Exceptions fail if the plaintiff proves other law barred the disclosure or a listed sexual, humiliating, degrading, money-making, or commercial purpose applied. The civil law also excludes satire, parody, and content substantially based on physical or verbal impersonation. Covered services retain protections for third-party content. Broadcasters qualify only if they did not create, alter, or materially contribute to the depiction and lacked actual knowledge of nonconsent. After learning of nonconsent, they must promptly make good-faith efforts to limit access when reasonably feasible. Protection ends for knowing or reckless violations or failure to honor valid removal requests.
Sponsors & Cosponsors
Sponsors
Brianna Titone
Democratic • House
Matt Soper
Republican • House
Robert Rodriguez
Democratic • Senate
Cosponsors
Andrew Boesenecker
Democratic • House
Cecelia Espenoza
Democratic • House
Eliza Hamrick
Democratic • House
Karen McCormick
Democratic • House
Monica Duran
Democratic • House
Naquetta Ricks
Democratic • House
Rep. S. Bird
Affiliation unavailable
William Lindstedt
Democratic • Senate
Cathy Kipp
Democratic • Senate
Dafna Michaelson Jenet
Democratic • Senate
Dylan Roberts
Democratic • Senate
Iman Jodeh
Democratic • Senate
Jeff Bridges
Democratic • Senate
James Coleman
Democratic • Senate
Kyle Mullica
Democratic • Senate
Katie Wallace
Democratic • Senate
Lisa Cutter
Democratic • Senate
Marc Snyder
Democratic • Senate
Nick Hinrichsen
Democratic • Senate
Tony Exum
Democratic • Senate
Roll Call Votes
Senate vote • 5/6/2025
House amendments: Repass
Yes: 35 • No: 0
Senate vote • 5/6/2025
House amendments: Concur
Yes: 35 • No: 0
House vote • 5/6/2025
Third reading: Bill
Yes: 43 • No: 22
House vote • 5/5/2025
Committee of the whole: Amd (h.001)
Yes: 28 • No: 36
House vote • 5/5/2025
Committee of the whole: Amd (h.002)
Yes: 14 • No: 50
House vote • 5/3/2025
Adopt amendment L.012 (Attachment G)
Yes: 6 • No: 5
House vote • 5/3/2025
Refer Senate Bill 25-288, as amended, to the Committee of the Whole.
Yes: 8 • No: 3
Senate vote • 4/29/2025
Third reading: Bill
Yes: 31 • No: 0
Senate vote • 4/21/2025
Refer Senate Bill 25-288, as amended, to the Committee of the Whole.
Yes: 7 • No: 0
Actions Timeline
Governor Signed
6/2/2025HouseSent to the Governor
5/13/2025HouseSigned by the President of the Senate
5/13/2025SenateSigned by the Speaker of the House
5/13/2025HouseHouse Third Reading Passed - No Amendments
5/6/2025HouseSenate Considered House Amendments - Result was to Concur - Repass
5/6/2025SenateHouse Second Reading Special Order - Passed with Amendments - Committee, Floor
5/5/2025HouseHouse Committee on Judiciary Refer Amended to House Committee of the Whole
5/3/2025HouseHouse Second Reading Special Order - Laid Over Daily - No Amendments
5/3/2025HouseSenate Third Reading Passed - No Amendments
4/29/2025SenateIntroduced In House - Assigned to Judiciary
4/29/2025HouseSenate Second Reading Passed with Amendments - Committee, Floor
4/28/2025SenateSenate Second Reading Laid Over to 04/28/2025 - No Amendments
4/25/2025SenateSenate Second Reading Laid Over Daily - No Amendments
4/24/2025SenateSenate Committee on Judiciary Refer Amended to Senate Committee of the Whole
4/21/2025SenateIntroduced In Senate - Assigned to Judiciary
4/9/2025Senate
Bill Text
Engrossed
Final Act
Introduced
Reengrossed
Rerevised
Revised
Signed Act