Second Regular Session
              Sixty-ninth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 14-0647.01 Michael Dohr x4347   HOUSE BILL 14-1104
                    HOUSE SPONSORSHIP
 Stephens, 
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Judiciary
 
 
 
 Appropriations
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning prohibiting publishing intimate photographs of
            an underage person on the internet for revenge.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill makes it a crime for a person to:
                 Post or publish a photograph of a person who was under 18
                 years of age at the time of the photograph showing that
                 person's uncovered genitals, buttocks, anus, or female
                 breasts;
                 Obtain the photograph during a relationship or sexual
                 encounter with the victim; and
                 Intend to embarrass, coerce, bully, annoy, harm, or cause
                 emotional distress to the victim.
       The crime is a class 5 felony with a mandatory minimum fine of $10,000,
       and, upon conviction, the court must order the defendant or the entity
       where the photos are posted or published to remove the photographs from
       the internet.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, add 18-7-107 as
       follows:
            18-7-107.  Posting intimate photographs of underage persons
       on the internet. (1)  A person commits a class 5 felony if the
       person:
            (a)  Posts or publishes a photograph of a person under
       eighteen years of age at the time of the photograph showing
       that person's uncovered genitals, buttocks, anus, or female
       breasts;
            (b)  Obtains the photograph during a relationship or
       sexual encounter with the victim; and
            (c)  Intends to embarrass, coerce, bully, annoy, or harm
       the victim or intended to cause the victim emotional distress.
            (2) (a)  In addition to any other sentence the court may
       impose, the court shall fine the defendant at least ten thousand
       dollars.
            (b)  If a person is convicted of the provisions of subsection
       (1) of this section, the court shall order the person or the entity
       where the photos are posted or published to remove all
       photographs of the victim that shows the victim's uncovered
       genitals, buttocks, anus, or female breasts from the internet.
            SECTION 2.  Potential appropriation. Pursuant to section
       2-2-703, Colorado Revised Statutes, any bill that results in a net increase
       in periods of imprisonment in the state correctional facilities must include
       an appropriation of moneys that is sufficient to cover any increased
       capital construction and operational costs for the first five fiscal years in
       which there is a fiscal impact. Because this act may increase periods of
       imprisonment, this act may require a five-year appropriation.
            SECTION 3.  Effective date - applicability. This act takes effect
       July 1, 2014, and applies to offenses committed on or after said date.
            SECTION 4.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.