(COLORADO) — A new state law aims to protect people from the distribution of sexually explicit,
digitally created, or altered fake images of themselves.

The Colorado Springs Police Department (CSPD) said before this new law, they had no way to charge people for this crime. CSPD added that in 2024, its agency investigated a case in which someone created similar images. However, that person was not found in violation of any previous state laws. Officers said this new legislation closes a loophole to allow law enforcement to hold people accountable.

“This is a good first step. It brings Colorado into alignment with 37 other states across the nation, as well as the federal statutes that go to support victims in this type of situation,” said Commander Dan Thompson with CSPD. “Could there be room for improvement in the future? Yeah, but we’ve got to start somewhere.”

Under the new law, most cases would become a class one misdemeanor, but could get bumped up to a class six felony.

“Predators or peers can exploit these AI generated images, to threaten or coerce children into complying with their demands. Whether it be sending money, complying with threats, or engaging in sexual acts to prevent release of fake content,” said Mo Basenberg, the Executive Director at Safe Passage.

CSPD said if someone distributes or threatens to distribute fake sexual images of a child, they would likely face a misdemeanor charge under this law. However, they could receive additional charges, like those related child sexual abuse material.

“This is a tough space. AI is evolving so quickly, it is really hard to legislate and keep up with it. We’re doing the best we can, but… this is more of a beginning than an end,” said State Senator Marc Snyder.

Sen. Synder said there are already people working on a bill for next year to build on this new one.

“A lot of the folks who are making these types of AI-generated photographs and materials, they’re not using the same types of platforms that you and I are using,” said Commander Thompson. “There are foreign based materials, there are foreign based types of platforms that the United States government doesn’t have an ability to regulate, doesn’t have the ability to take down.”

While the laws work to catch up with technology, these fake sexual creations, generated using real, otherwise harmless images, are pushing people to ask whether they should share photos publicly at all.

“Clearly that’s a very personal decision, and it’s gotten far more complicated than, you know, even just last year… so I think it starts with recognizing those risks. I think that, you know, there are tools available within social media, in terms of locking down accounts, creating access points, in terms of who has access to your posts,” said Basenberg.

CSPD said these types of cases will be extremely challenging. However, if you are found guilty,
you will have to pay actual damages, or $150,000 (whichever is greater).