Colo. Rev. Stat. § 13-21-1404

Current through Acts effective through 6/7/2024 of the 2024 Legislative Session
Section 13-21-1404 - Exceptions to liability - definitions
(1) In this section, unless the context otherwise requires:
(a) "Child" means an unemancipated individual who is less than eighteen years of age.
(b) "Parent" means an individual recognized as a parent under the law of this state other than this part 14.
(2) A person is not liable under this part 14 if the person proves that disclosure of, or a threat to disclose, the intimate image was:
(a) Made in good faith in:
(I) Law enforcement;
(II) A legal proceeding; or
(III) Medical education or treatment; or
(b) Made in good faith in the reporting or investigation of:
(I) Unlawful conduct;
(II) Unsolicited and unwelcome conduct;
(III) Related to a matter of public concern or public interest; or
(IV) Reasonably intended to assist the depicted individual.
(3) Subject to subsection (4) of this section, a defendant who is a parent, legal guardian, or individual with legal custody of a child is not liable under this part 14 for a disclosure or threatened disclosure of an intimate image of the child.
(4) If a defendant asserts an exception to liability under subsection (3) of this section, the exception does not apply if the plaintiff proves the disclosure was:
(a) Prohibited by law other than this part 14; or
(b) Made, possessed, or distributed for the purposes of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
(5) Disclosure of, or a threat to disclose, an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.

C.R.S. § 13-21-1404

Added by 2019 Ch. 88,§ 1, eff. 4/8/2019.
L. 2019: Entire part added, (SB 19-100), ch. 327, p. 327, § 1, effective April 8.