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Bill Detail: SB19-100

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Title Unauthorized Disclosure Of Intimate Images Act
Status Senate Considered House Amendments - Result was to Concur - Repass (03/20/2019)
Bill Subjects
  • Civil Law
House Sponsors K. Tipper (D)
Senate Sponsors R. Gardner (R)
House Committee Judiciary
Senate Committee State, Veterans and Military Affairs
Date Introduced 01/23/2019
Description

Colorado Commission on Uniform State Laws. The bill creates
the Uniform Civil Remedies for Unauthorized Disclosure of Intimate
Images Act. An individual whose body is shown in whole or in part in
an intimate image and who has suffered harm from a person's intentional
disclosure or threatened disclosure of that intimate image without the
depicted individual's consent has a cause of action against that person if

the person knew:
  • The depicted individual did not consent to the disclosure;
  • The intimate image was private; and
  • The depicted individual was identifiable.
The bill provides an exception to the civil action if the disclosure is made
in good faith under various circumstances or if the person disclosing the
image is a parent or guardian and has not disclosed the image for
purposes of sexual arousal, sexual gratification, humiliation, degradation,
or monetary or commercial gain.
A successful plaintiff may recover:
  • The greater of:
  • Economic and noneconomic damages proximately
caused by the defendant's disclosures or threatened
disclosures, including damages for emotional
distress whether or not accompanied by other
damages; or
  • Statutory damages not to exceed $10,000 against
each defendant found liable for all disclosures or
threatened disclosures by the defendant;
  • An amount equal to the gain made by the defendant from
disclosure of the intimate image if applicable;
  • Punitive damages;
  • Reasonable attorney fees and costs; and
  • Additional relief, including injunctive relief.
The civil action has a 4-year statute of limitation.

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