2020 Colorado Revised Statutes
Title 18 - Criminal Code
Article 9. Offenses Against Public Peace, Order, and Decency
Section 18-9-313. Personal information on the internet - law enforcement official - victims of domestic violence, sexual assault, and stalking - protection for human services workers definitions.

(1) As used in this section:

(a) "Human services worker" means:

1. A state or county employee, or an attorney representing the state or county, who isengaged in investigating or taking legal action regarding allegations of child abuse or neglect pursuant to article 3 of title 19, and a state or county support staff person who has contact with the public relating to these allegations;

2. A state or county employee, or an attorney representing the state or county, who isengaged in investigating or taking legal action regarding allegations of mistreatment of an at-risk adult pursuant to article 3.1 of title 26, and a state or county support staff person who has contact with the public relating to these allegations;

3. A state or county employee, including a county attorney or an employee of a personunder contract with a state or county, who is engaged in establishing, modifying, and enforcing child support orders pursuant to article 13 of title 26, and a state or county support staff person who has contact with the public relating to these duties;

4. A state or county employee, including a county attorney, who is engaged in determining eligibility for or investigating fraud in public programs established in article 2 of title 26, and who has contact with the public relating to these duties; or

5. An employee of a juvenile detention facility established and operated pursuant tosection 19-2-403 or an employee of the division of youth services within the department of human services, including an employee under contract with the division of youth services, who has contact with juveniles involved with youth services.

2. "Immediate family" means a law enforcement official's or human services worker'sspouse, child, or parent or any other blood relative who lives in the same residence as the law enforcement official or human services worker.

3. "Law enforcement official" means a peace officer as described in section 16-2.5-101,a judge as defined by section 18-8-615 (3), or a prosecutor, as defined in section 18-8-616 (3).

4. "Participant in the address confidentiality program" means an individual acceptedinto the address confidentiality program in accordance with part 21 of article 30 of title 24.

5. "Personal information" means the home address, home telephone number, personalmobile telephone number, pager number, personal e-mail address, or a personal photograph of a law enforcement official, participant in the address confidentiality program, or human services worker; directions to the home of a law enforcement official, participant in the address confidentiality program, or human services worker; or photographs of the home or vehicle of a law enforcement official, participant in the address confidentiality program, or human services worker.

(2) It is unlawful for a person to knowingly make available on the internet personal information about a law enforcement official or the official's immediate family member, if the dissemination of the personal information poses an imminent and serious threat to the law enforcement official's safety or the safety of the law enforcement official's immediate family and the person making the information available on the internet knows or reasonably should know of the imminent and serious threat.

(2.5) An address confidentiality program participant may submit a written request to a state or local government official and follow the process in section 24-30-2108, C.R.S., including the presentation of a valid address confidentiality program authorization card. If a state or local government official has received the above information, then the state or local government official shall not knowingly make available on the internet personal information about such participant in the address confidentiality program or the actual address, as defined in section 24-30-2103 (1), C.R.S., of such participant in the address confidentiality program.

(2.7) It is unlawful for a person to knowingly make available on the internet personal information about a human services worker or the human services worker's immediate family if the dissemination of personal information poses an imminent and serious threat to the human services worker's safety or the safety of the human services worker's immediate family and the person making the information available on the internet knows or reasonably should know of the imminent and serious threat.

(2.8) (a) A human services worker may submit a written request pursuant to subsection (2.8)(b) of this section to a state or local government official to remove personal information from records that are available on the internet. If a state or local government official receives such written request, then the state or local government official shall not knowingly make available on the internet personal information about the human services worker or the human services worker's immediate family.

(b) A human services worker's written request to a state or local government official to remove records that the official makes available on the internet must include:

1. Evidence that the person submitting the request is a human services worker, as defined in subsection (1) of this section; and

2. An affirmation stating under penalty of perjury that the person has reason to believethat the dissemination of the personal information contained in the records that the official makes available on the internet poses an imminent and serious threat to the human services worker's safety or the safety of the human services worker's immediate family.

(3) A violation of subsections (2) and (2.7) of this section is a class 1 misdemeanor.

Source: L. 2002: Entire section added, p. 1139, § 1, effective July 1. L. 2003: (2) amended, p. 1616, § 14, effective August 6. L. 2009: (1) and (2) amended, (HB 09-1316), ch. 313, p. 1696, § 1, effective May 21. L. 2015: (1)(a.9) and (2.5) added and (1)(b) amended, (HB 15-1174), ch. 42, p. 103, § 1, effective March 20; (1)(a.5) amended, (HB 15-1229), ch. 239, p. 885, § 2, effective May 29. L. 2019: (1) and (3) amended and (2.7) and (2.8) added, (HB 191197), ch. 95, p. 349, § 1, effective April 11. L. 2020: (1)(a), (1)(b), (1)(e), (2.7), and (2.8) amended, (HB 20-1052), ch. 77, p. 315, § 1, effective September 14.