C.R.S.
Section 13-21-1403
Civil action
- definitions
(1)
In this section, unless the context otherwise requires:(a)
“Harm” means physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm.(b)
“Private” means:(I)
Created or obtained under circumstances in which the depicted individual had a reasonable expectation of privacy; or(II)
Made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism, or exceeding authorized access to an account, message, file, device, resource, or property.(2)
Except as otherwise provided in section 13-21-1404, a depicted individual who is identifiable and who has suffered harm from a person’s intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual’s consent has a cause of action against the person if the person knew or acted with reckless disregard for whether:(a)
The depicted individual did not consent to the disclosure;(b)
The intimate image was private; and(c)
The depicted individual was identifiable.(3)
The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image, which is the subject of the action, or that the individual lacked a reasonable expectation of privacy:(a)
Consent to the creation of the image; or(b)
Previous consensual disclosure of the image.(4)
A depicted individual who does not consent to sexual conduct or the uncovering of the part of the body depicted in the intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.(5)
This section is not the exclusive remedy for an intentional disclosure or threatened disclosure of an intimate image; a plaintiff may also bring any other available common law or statutory claims.
Source:
Section 13-21-1403 — Civil action - definitions, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-13.pdf
(accessed Oct. 20, 2023).