(1) (a) An actor who is eighteen years of age or older commits the offense of posting a private image for pecuniary gain if the actor posts or distributes through social media or any website any photograph, video, or other image displaying the real or simulated private intimate parts of an identified or identifiable person eighteen years of age or older or an image displaying sexual acts of an identified or identifiable person:
(I) With the intent to obtain a pecuniary benefit from any person as a result
of the posting, viewing, or removal of the private image; and
(II) (A) When the actor has not obtained the depicted person’s consent; or
(B) When the actor knew or should have known that the depicted person had
a reasonable expectation that the image would remain private.
(b) Posting a private image for pecuniary gain is a class 1 misdemeanor.
(c) Notwithstanding the provisions of section 18-1.3-501 (1)(a), in addition to
any other sentence the court may impose, the court shall fine the defendant up to
ten thousand dollars. The fines collected pursuant to this paragraph (c) shall be
credited to the crime victim compensation fund created in section 24-4.1-117, C.R.S.
(2) Repealed.
(2.5) It is not a defense to an alleged violation of this section that the image
is partially digitally created or altered or that the private intimate parts were
digitally created or altered.
(3) Nothing in this section precludes punishment under any section of law
providing for greater punishment.
(4) (a) Repealed.
(b) An individual whose private intimate parts have been posted or an
individual who has had an image displaying sexual acts of the individual posted in
accordance with this section shall retain a protectable right of authorship regarding
the commercial use of the private image.
(5) Nothing in this section shall be construed to impose liability on the
provider of an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2),
an information service, as defined in 47 U.S.C. sec. 153, or a telecommunications
service, as defined in 47 U.S.C. sec. 153, for content provided by another person.
(6) For purposes of this section, unless the context otherwise requires:
(a) Displaying sexual acts means any display of sexual acts even if the
private intimate parts are not visible in the image.
(b) Image means a photograph, film, videotape, recording, digital file, or
other reproduction.
(c) Private intimate parts means external genitalia or the perineum or the
anus or the pubes of any person or the breast of a female.
(d) Sexual acts means sexual intrusion or sexual penetration as defined by
section 18-3-401.
(e) Social media means any electronic medium, including an interactive
computer service, telephone network, or data network, that allows users to create,
share, and view user-generated content, including but not limited to videos, still
photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or
internet website profiles.
L. 2014: Entire section added, (HB 14-1378), ch. 283, p. 1160, § 1, effective July 1. L. 2018: IP(1)(a) and (4) amended, (2) repealed, and (6) R&RE, (HB 18-1264), ch. 192, p. 1277, § 2, effective July 1. L. 2019: (4)(a) repealed, (SB 19-100), ch. 88, p. 330, § 3, effective April 8. L. 2024: IP(1)(a) amended and (2.5) added, (SB 24-011), ch. 402, p. 2769, § 6, 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 the legislative declaration in SB 24-011, see section 1 of chapter 402, Session Laws of Colorado 2024.
