(1) A juvenile commits the offense of posting a private image by a juvenile if he or she, through digital or electronic means:
(a) Knowingly distributes, displays, or publishes to the view of another
person a sexually explicit image of a person other than himself or herself who is at
least fourteen years of age or is less than four years younger than the juvenile:
(I) Without the depicted person’s permission; or
(II) When the recipient did not solicit or request to be supplied with the image
and suffered emotional distress; or
(III) When the juvenile knew or should have known that the depicted person
had a reasonable expectation that the image would remain private; or
(b) Knowingly distributes, displays, or publishes, to the view of another
person who is at least fourteen years of age or is less than four years younger than
the juvenile, a sexually explicit image of himself or herself when the recipient did
not solicit or request to be supplied with the image and suffered emotional distress.
(2) A juvenile commits the offense of possessing a private image by a
juvenile if he or she, through digital or electronic means, knowingly possesses a
sexually explicit image of another person who is at least fourteen years of age or is
less than four years younger than the juvenile without the depicted person’s
permission; except that it is not a violation of this subsection (2) if the juvenile:
(a) Took reasonable steps to either destroy or delete the image within
seventy-two hours after initially viewing the image; or
(b) Reported the initial viewing of such image to law enforcement or a school
resource officer within seventy-two hours after initially viewing the image.
(3) A juvenile commits the civil infraction of exchange of a private image by a
juvenile if he or she, through digital or electronic means:
(a) Knowingly sends a sexually explicit image or images of himself or herself
to another person who is at least fourteen years of age or is less than four years
younger than the juvenile, and the image or images depict only the sender and no
other person and the sender reasonably believed that the recipient had solicited or
otherwise agreed to the transmittal of the image or images; or
(b) Knowingly possesses a sexually explicit image or images of another
person who is at least fourteen years of age or is less than four years younger than
the juvenile, and the image or images depict only the sender and no other person
and the juvenile reasonably believed that the depicted person had transmitted the
image or images or otherwise agreed to the transmittal of the image or images.
(4) It is an affirmative defense to subsection (1), (2), or (3) of this section if a
juvenile is coerced, threatened, or intimidated into distributing, displaying,
publishing, possessing, or exchanging a sexually explicit image of a person under
eighteen years of age.
(5) (a) Posting a private image by a juvenile is a class 2 misdemeanor; except
that it is a class 1 misdemeanor if:
(I) The juvenile committed the offense with the intent to coerce, intimidate,
threaten, or otherwise cause emotional distress to the depicted person; or
(II) The juvenile had previously posted a private image and completed a
diversion program or education program for the act pursuant to the provisions of
this section or had a prior adjudication for posting a private image by a juvenile; or
(III) The juvenile distributed, displayed, or published three or more images
that depicted three or more separate and distinct persons.
(b) Possessing a private image by a juvenile is a petty offense; except that it
is a class 2 misdemeanor if the unsolicited possessor of the image possessed ten or
more separate images that depicted three or more separate and distinct persons.
(c) Exchange of a private image by a juvenile is a civil infraction and is
punishable by participation in a program designed by the school safety resource
center or other appropriate program addressing the risks and consequences of
exchanging a sexually explicit image of a juvenile or a fine of up to fifty dollars,
which may be waived by the court upon a showing of indigency. If the juvenile fails
to appear in response to a civil infraction citation or fails to complete the required
class or pay the imposed fee, the court may issue an order to show cause requiring
the juvenile’s appearance in court and impose additional age-appropriate penalties.
The court shall not issue a warrant for the arrest of the juvenile or impose
incarceration as a penalty.
(d) In addition to any other sentence the court may impose for a violation of
subsection (1) of this section, the court shall order the juvenile be assessed for
suitability to participate in restorative justice practices, if available, and, upon a
determination of suitability, the court shall inform the victim about the possibility of
restorative justice practices as defined in section 18-1-901 (3)(o.5). The court shall
not consider the victim’s unwillingness to participate in restorative justice practices
when determining other sentencing options.
(e) Each district attorney is encouraged to develop a diversion program for
juveniles who violate the provisions of this section and offer the program to a
juvenile who is alleged to have violated this section for the first time. If the
jurisdiction does not have a diversion program, the district attorney is encouraged
to provide alternative programming designed to allow the juvenile to avoid any
adjudication.
(6) The court shall order all records in a juvenile delinquency case in the
custody of the court, and any records related to the case and charges in the
custody of any other agency, person, company, or organization, that are related to
an offense pursuant to this section expunged within forty-two days after the
completion of the sentence or other alternative program.
(7) A person who is a victim of a violation of subsection (1), (2), or (3) of this
section is eligible for compensation and services pursuant to part 1 of article 4.1 of
title 24.
(8) As used in this section, unless the context otherwise requires:
(a) Juvenile means a person under eighteen years of age.
(b) Sexually explicit image means any electronic or digital photograph,
video, or video depiction of the real or simulated external genitalia or perineum or
anus or buttocks or pubes of any person or the real or simulated breast of a female
person.
(2) For the legislative declaration in HB 17-1302, see section 1 of chapter
390, Session Laws of Colorado 2017. For the legislative declaration in SB 24-011,
see section 1 of chapter 402, Session Laws of Colorado 2024.
L. 2017: Entire section added, (HB 17-1302), ch. 390, p. 2013, § 4, effective January 1, 2018. L. 2024: IP(8) and (8)(b) amended, (SB 24-011), ch. 402, p. 2769, § 7, effective August 7.
Section 8 of chapter 402 (SB 24-011), Session Laws of Colorado 2024, provides that the act changing this section applies to offenses committed and claims filed on or after August 7, 2024.
For provisions relating to HIV infection and acquired immune deficiency syndrome, see part 14 of article 4 of title 25.
