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.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)