§ 13-21-1403. Civil Action – Definitions

1. In this section, unless the context otherwise requires:
   1. “Harm” means physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm.
   2. “Private” means:
      1. Created or obtained under circumstances in which the depicted individual had a reasonable expectation of privacy; or
      2. 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:
   1. The depicted individual did not consent to the disclosure;
   2. The intimate image was private; and
   3. 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:
   1. Consent to the creation of the image; or
   2. 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: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 326, § 1, effective April 8.