Colorado NCII Law Overview

Applicable statute: Colorado Revised Statutes § 18-7-107 (Posting a Private Image for Harassment)

Criminal penalty: Class 1 misdemeanor (up to 18 months in jail and $5,000 fine); Class 6 felony for repeat offenders or when a minor is involved

Civil remedies: actual damages, costs, and attorney fees; injunctive relief available

Colorado's NCII statute specifically addresses intimate image posting done for the purpose of harassment, which aligns the law closely with the most common fact patterns in NCII cases, images shared by an ex-partner or someone seeking to harm. The statute's harassment purpose requirement means prosecutors need to show the defendant's motivation, but this is typically satisfied by the context of the distribution.

Colorado also enacted specific provisions addressing deepfake intimate imagery through SB 23-110 (2023), making it one of the earlier states to specifically protect against AI-generated NCII content.

Your Rights in Colorado

How to File in Colorado

File a police report with local law enforcement or the Colorado Bureau of Investigation. The Colorado Attorney General handles NCII complaints. Civil actions are filed in District Court.

Local Support Resources

Federal Rights Under the TAKE IT DOWN Act

In addition to Colorado state law, the federal TAKE IT DOWN Act (47 U.S.C. 223a) gives you a direct right to demand removal from any covered platform within 48 hours. Covered platforms, those with 10 million or more monthly US active users, face FTC enforcement with civil penalties up to $50,000 per violation per day if they do not comply. ScanErase's biometric scan finds every platform hosting your images, so you can file the formal notice yourself.