§ 13-21-1401. Short Title

The short title of this part 14 is the “Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act”. Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 325, § 1, effective April 8.

§ 13-21-1402. Definitions

As used in this part 14, unless the context otherwise requires: “Consent” means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization. “Depicted individual” means an individual whose body is shown in whole or in part in an intimate image. “Disclosure” means transfer, publication, or distribution to another person. “Disclose” […]

§ 13-21-1403. Civil Action – Definitions

In this section, unless the context otherwise requires: “Harm” means physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm. “Private” means: Created or obtained under circumstances in which the depicted individual had a reasonable expectation of privacy; or Made accessible through theft, bribery, extortion, fraud, false pretenses, voyeurism, […]

§ 13-21-1404. Exceptions to Liability – Definitions

In this section, unless the context otherwise requires: “Child” means an unemancipated individual who is less than eighteen years of age. “Parent” means an individual recognized as a parent under the law of this state other than this part 14. A person is not liable under this part 14 if the person proves that disclosure […]

§ 13-21-1405. Plaintiff’s Privacy

In an action under this part 14: A plaintiff may proceed using a pseudonym in place of the true name of the plaintiff; The court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff; A plaintiff to whom subsection (1)(a) or (1)(b) of this section […]

§ 13-21-1406. Remedies

In an action under this part 14, a prevailing 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 ten thousand dollars against each defendant found liable under […]

§ 13-21-1407. Statute of Limitations

An action under section 13-21-1403 (2) for: An unauthorized disclosure may not be brought later than six years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence; and A threat to disclose may not be brought later than six years from the date of the threat […]

§ 13-21-1408. Construction

This part 14 must be construed to be consistent with the federal “Communications Decency Act of 1996”, 47 U.S.C. sec. 230. This section does not apply to an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2), for content provided by another person. Source: L. 2019: Entire part added, (SB 19-100), ch. 88, […]

§ 13-21-1409. Uniformity of Application and Construction

In applying and construing this part 14, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2019: Entire part added, (SB 19-100), ch. 88, p. 330, § 1, effective April 8.