Colorado 2025 Regular Session Status: Enacted Bipartisan · 20 D · 1 R cosponsors

SB 25-288 — Intimate Digital Depictions Criminal & Civil Actions

Last action — Governor Signed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced April 09, 2025. Enacted.

Signed by Governor Jared Polis (Democratic) on June 02, 2025.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 78% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 23 sponsors

    3 primary, 20 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (20 D · 1 R) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

The act creates a cause of action against a person who discloses or threatens to disclose a highly realistic but false visual depiction of another individual (depicted individual) that has been created, altered, or produced by generative AI, image editing software, or computer-generated means and that depicts the intimate body parts of the depicted individual or certain sexual acts involving the depicted individual (intimate digital depiction). A depicted individual who has suffered harm from the nonconsensual disclosure or threatened disclosure of an intimate digital depiction has a cause of action against the person who disclosed or threatened to disclose the intimate digital depiction if the person knew or acted with reckless disregard for whether the depicted individual: Did not consent to the disclosure; Would experience severe emotional distress due to the disclosure or threatened disclosure; and Was identifiable. The act creates an exception to its civil liability provisions for a provider of the technology used to create an intimate digital depiction. Other exceptions include disclosures related to matters of public concern, parody, satire, and impersonation; disclosures made in good faith in various circumstances; and broadcasts of third-party content under certain conditions. A successful plaintiff may recover the defendant's monetary gain from the intimate digital depiction; either actual damages or liquidated damages of $150,000; exemplary damages; and litigation costs, including reasonable attorney fees. A court may also order the defendant to cease disclosure of the intimate digital depiction. In the context of the criminal law punishing sexual exploitation of a child, the act updates the definition of "sexually exploitative material" to include realistic computer-generated digital depictions that depict an identifiable child. The act changes the criminal offenses of posting a private image for harassment and posting a private image for pecuniary gain to the related offenses of disclosing a private intimate image or intimate digital depiction for the same purposes. A person who is eighteen years of age or older commits disclosure of a private intimate image or intimate digital depiction for harassment or for pecuniary gain if the person discloses or threatens to disclose a private intimate image or intimate digital depiction without consent. The harassment offense now requires that the disclosure or threatened disclosure cause physical, emotional, or reputational harm to the depicted individual. Like the offenses for posting a private image in current law, disclosing a private intimate image or intimate digital depiction is a class 1 misdemeanor; except that the act increases the penalty to a class 6 felony if the person made the disclosure and the disclosure posed an imminent and serious threat to the safety of the depicted individual or the depicted individual's immediate family and the person knew or reasonably should have known of the imminent and serious threat. The act changes the offenses of posting, possessing, or exchanging a private image by a juvenile to the related offenses of disclosing, possessing, or exchanging a private intimate image or intimate digital depiction by a juvenile. The penalties remain the same. (Note: This summary applies to this bill as enacted.)

Bill Text

What changed in the latest version

24 added · 17 removed

24 line(s) added, 17 removed.

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Latest
First Regular Session Seventy-fifth General Assembly STATE OF COLORADO ENGROSSED This Version Includes All Amendments Adopted on Second Reading in the House of Introduction LLS NO.
First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO.
25-0709.02 Anna Petrini x5497 SENATE BILL 25-288 SENATE SPONSORSHIP Rodriguez, HOUSE SPONSORSHIP Titone and Soper, Senate Committees House Committees Judiciary A BILL FOR AN ACT C ONCERNING PREVENTING CERTAIN DISCLOSURES OF INTIMATE DEPICTIONS , AND , IN CONNECTION THEREWITH ,CREATING A CAUSE OF ACTION FOR NONCONSENSUAL DISCLOSURE OF AN INTIMATE DIGITAL DEPICTION AND ADDING AND AMENDING RELATED PROVISIONS IN CRIMINAL LAW .
25-0709.02 Anna Petrini x5497 SENATE BILL 25-288 SENATE SPONSORSHIP Rodriguez, Bridges, Coleman, Cutter, Exum, Hinrichsen, Jodeh, Kipp, Michaelson Jenet, Mullica, Roberts, Snyder, Wallace HOUSE SPONSORSHIP Titone and Soper, Senate Committees House Committees Judiciary A BILL FOR AN ACT C ONCERNING PREVENTING CERTAIN DISCLOSURES OF INTIMATE DEPICTIONS , AND ,IN CONNECTION THEREWITH , CREATING A CAUSE OF ACTION FOR NONCONSENSUAL DISCLOSURE OF AN INTIMATE DIGITAL DEPICTION AND ADDING AND AMENDING RELATED PROVISIONS IN CRIMINAL LAW .
Bill Summary (Note:
e n Bill Summary m 2 T n 2 A U 9 (Note:
This summary applies to this bill as introduced and does notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) g The bill creates a cause of action against a person who discloses d or threatens to disclose a realistic visual depiction of another individual e 2 T R 2 A 2 8 Shading denotes HOUSE amendment.
This summary applies to this bill as introduced and does E i i notreflectanyamendmentsthatmaybesubsequentlyadopted.Ifthisbill S a p R A passes third reading in the house of introduction, a bill summary that r applies to the reengrossed version of this bill will be available at 3 http://leg.colorado.gov.) g The bill creates a cause of action against a person who discloses i a 5 or threatens to disclose a realistic visual depiction of another individual E R 0 A n , N 2 2 Shading denotes HOUSE amendment.
E d i Capital letters or bold & italic numbers indicate new material to be added to existing law.
S e r Capital letters or bold & italic numbers indicate new material to be added to existing law.n Ap Dashes through the words or numbers indicate deletions from existing law.
Dashes through the words or numbers indicate deletions from existing law.
e A (depicted individual) that has been created, altered, or produced by generative AI, image editing software, or computer-generated means (intimatedigitaldepiction).Adepictedindividualwhohassufferedharm fromthenonconsensualdisclosureorthreateneddisclosureofanintimate digital depiction has a cause of action against the person who disclosed orthreatenedtodisclosetheintimate digital depiction if thepersonknew or acted with reckless disregard for whether the depicted individual:
e A A (depicted individual) that has been created, altered, or produced by generative AI, image editing software, or computer-generated means (intimatedigitaldepiction).Adepictedindividualwhohassufferedharm fromthenonconsensualdisclosureorthreateneddisclosureofanintimate digital depiction has a cause of action against the person who disclosed orthreatenedtodisclosetheintimate digital depiction if thepersonknew or acted with reckless disregard for whether the depicted individual:
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Amendments

1 amendment

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Governor Signed

  2. Sent to the Governor

  3. Signed by the President of the Senate

  4. Signed by the Speaker of the House

  5. House Third Reading Passed - No Amendments

  6. Senate Considered House Amendments - Result was to Concur - Repass

  7. House Second Reading Special Order - Passed with Amendments - Committee, Floor

  8. House Committee on Judiciary Refer Amended to House Committee of the Whole

  9. House Second Reading Special Order - Laid Over Daily - No Amendments

  10. Senate Third Reading Passed - No Amendments

  11. Introduced In House - Assigned to Judiciary

  12. Senate Second Reading Passed with Amendments - Committee, Floor

  13. Senate Second Reading Laid Over to 04/28/2025 - No Amendments

  14. Senate Second Reading Laid Over Daily - No Amendments

  15. Senate Committee on Judiciary Refer Amended to Senate Committee of the Whole

  16. Introduced In Senate - Assigned to Judiciary

Sponsors

Sponsorship breakdown

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3 sponsors · 20 co-sponsors · 78 not signed on

Sponsors (3)

Co-sponsors (20)

Not signed on (78)

78 members have not signed on to this bill.

Show all 78 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 25-288 do?
The act creates a cause of action against a person who discloses or threatens to disclose a highly realistic but false visual depiction of another individual (depicted individual) that has been created, altered, or produced by generative AI, image editing software, or computer-generated means and that depicts the intimate body parts of the depicted individual or certain sexual acts involving the depicted individual (intimate digital depiction). A depicted individual who has suffered harm from the nonconsensual disclosure or threatened disclosure of an intimate digital depiction has a cause of action against the person who disclosed or threatened to disclose the intimate digital depiction if the person knew or acted with reckless disregard for whether the depicted individual: Did not consent to the disclosure; Would experience severe emotional distress due to the disclosure or threatened disclosure; and Was identifiable. The act creates an exception to its civil liability provisions for a provider of the technology used to create an intimate digital depiction. Other exceptions include disclosures related to matters of public concern, parody, satire, and impersonation; disclosures made in good faith in various circumstances; and broadcasts of third-party content under certain conditions. A successful plaintiff may recover the defendant's monetary gain from the intimate digital depiction; either actual damages or liquidated damages of $150,000; exemplary damages; and litigation costs, including reasonable attorney fees. A court may also order the defendant to cease disclosure of the intimate digital depiction. In the context of the criminal law punishing sexual exploitation of a child, the act updates the definition of "sexually exploitative material" to include realistic computer-generated digital depictions that depict an identifiable child. The act changes the criminal offenses of posting a private image for harassment and posting a private image for pecuniary gain to the related offenses of disclosing a private intimate image or intimate digital depiction for the same purposes. A person who is eighteen years of age or older commits disclosure of a private intimate image or intimate digital depiction for harassment or for pecuniary gain if the person discloses or threatens to disclose a private intimate image or intimate digital depiction without consent. The harassment offense now requires that the disclosure or threatened disclosure cause physical, emotional, or reputational harm to the depicted individual. Like the offenses for posting a private image in current law, disclosing a private intimate image or intimate digital depiction is a class 1 misdemeanor; except that the act increases the penalty to a class 6 felony if the person made the disclosure and the disclosure posed an imminent and serious threat to the safety of the depicted individual or the depicted individual's immediate family and the person knew or reasonably should have known of the imminent and serious threat. The act changes the offenses of posting, possessing, or exchanging a private image by a juvenile to the related offenses of disclosing, possessing, or exchanging a private intimate image or intimate digital depiction by a juvenile. The penalties remain the same. (Note: This summary applies to this bill as enacted.)
Who sponsors SB 25-288?
SB 25-288 is sponsored by Naquetta Ricks (Democrat), Karen McCormick (Democrat), William Lindstedt (Democrat), Eliza Hamrick (Democrat), Cecelia Espenoza (Democrat), Monica Duran (Democrat), Andrew Boesenecker (Democrat), S. Bird, Katie Wallace (Democrat), Marc Snyder (Democrat), Dylan Roberts (Democrat), Kyle Mullica (Democrat), Cathy Kipp (Democrat), Iman Jodeh (Democrat), Nick Hinrichsen (Democrat), Tony Exum (Democrat), Lisa Cutter (Democrat), James Coleman (Democrat), Jeff Bridges (Democrat), Matt Soper (Republican), Brianna Titone (Democrat), Robert Rodriguez (Democrat), and Michaelson Jenet.
What is the current status of SB 25-288?
This bill has been enacted into law. Introduced April 09, 2025. Enacted.
Where can I track SB 25-288?
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