2020 Colorado Revised Statutes
Title 13 - Courts And Court Procedure
Article 21. Damages
Section 13-21-1404. Exceptions to liability - definitions.

(1) In this section, unless the context otherwise requires:

1. "Child" means an unemancipated individual who is less than eighteen years of age.

2. "Parent" means an individual recognized as a parent under the law of this state otherthan 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:

1. Law enforcement;

2. A legal proceeding; or

3. Medical education or treatment; or

(b) Made in good faith in the reporting or investigation of:

1. Unlawful conduct;

2. Unsolicited and unwelcome conduct;

3. 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, theexception does not apply if the plaintiff proves the disclosure was:

1. Prohibited by law other than this part 14; or

2. 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.

Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 327, § 1, effective April 8.