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Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 26-0230.01 Josh Schultz x5486 HOUSE BILL 26-1058
House Committees Senate Committees
Judiciary Judiciary
A BILL FOR AN ACT
CONCERNING PROTECTIONS FOR MINORS WHO ARE FEATURED IN101
DIGITAL CONTENT.102
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://leg.colorado.gov.)
The bill creates new requirements and civil remedies beginning
June 1, 2027, related to minors who are featured in compensated content
on online hosting platforms (online content).
A minor is considered to be engaged in content creation work if,
over a 12-month period, the following 3 criteria are met:
! At least 30% of a content creator's online content produced
SENATE
3rd Reading Unamended
April 1, 2026
SENATE
Amended 2nd Reading
March 31, 2026
HOUSE
3rd Reading Unamended
March 2, 2026
HOUSE
Amended 2nd Reading
February 26, 2026
HOUSE SPONSORSHIP
Slaugh and Lukens, Camacho, Clifford, Duran, Froe lich, Hamrick, Lieder, Lindsay,
McCluskie, Nguyen, Paschal, Rutinel, Smith
SENATE SPONSORSHIP
Ball and Wallace, Benavidez, Coleman, Cutter, Exum , Gonzales J., Hinrichsen, Jodeh,
Kipp, Kolker, Snyder, Weissman
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
within a 30-day period includes the minor's likeness, name,
or photograph;
! The number of views of the online content meets the online
hosting platform's compensation threshold or the content
creator receives $0.10 or more per view; and
! The content creator receives at least $15,000 in actual
compensation from the online content.
Content creators whose online content features a minor engaged
in content creation work must maintain specific records, including:
! Proof of the minor's age;
! The total compensation generated; and
! The total number of minutes the minor was featured in
posts featuring online content.
A content creator shall compensate a minor engaged in content
creation work by setting aside a portion of the gross earnings into a trust
account for the minor until the minor reaches the age of majority or is
declared emancipated.
An adult who was featured as a uniquely identifiable minor in a
content creator's post featuring online content on or after the bill's
effective date may request that the creator delete the post or remove the
uniquely identifiable information. The content creator must comply with
the request within 72 hours. If the content creator fails to comply after 30
days, the individual may sue for various types of relief, and the online
hosting platform must review and take reasonable steps to remove the
content unless certain exceptions apply.
The bill prohibits a person from financially benefiting from
knowingly producing or distributing online content of a minor with the
intent to sexually gratify or elicit a sexual response in the viewer.
Exceptions apply for law enforcement, reporting unlawful activity, legal
proceedings, and certain actions engaged in by online hosting platforms.
Online hosting platforms are required to develop and implement a
risk-based strategy to help mitigate risks related to the monetization of the
intentional sexualization of known minors.
A civil action may be filed on behalf of a minor for damages,
including actual damages, punitive damages, and attorney fees, if a
content creator fails to comply with specified provisions of the bill.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 12.5 to2
title 8 as follows:3
ARTICLE 12.54
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Protection for Minors Featured in Digital Content1
8-12.5-101. Definitions.2
AS USED IN THIS ARTICLE 12.5, UNLESS THE CONTEXT OTHERWISE3
REQUIRES:4
(1) "BANK" HAS THE MEANING SET FORTH IN SECTION 11-101-4015
(5).6
(2) (a) "C ONTENT CREATOR " MEANS A PARENT OR LEGAL7
GUARDIAN WHO CREATES ONLINE CONTENT IN EXCHANGE FOR8
COMPENSATION, INCLUDING A PARENT OR LEGAL GUARDIAN WHO IS A9
VLOGGER, PODCASTER, ONLINE INFLUENCER, OR STREAMER.10
(b) "C ONTENT CREATOR " DOES NOT INCLUDE A MINOR WHO11
PRODUCES THEIR OWN ONLINE CONTENT.12
(3) "MINOR" MEANS AN INDIVIDUAL UNDER EIGHTEEN YEARS OLD.13
(4) "NEWS ORGANIZATION" MEANS AN ENTITY WHOSE PRIMARY14
PURPOSE IS THE PUBLICATION OR DISSEMINATION OF NEWS, SPORTS , OR15
OTHER EDITORIAL CONTENT SELECTED BY THE PUBLISHER, RATHER THAN16
USER-GENERATED CONTENT.17
(5) "ONLINE CONTENT" MEANS CONTENT IN AN AUDIO, IMAGE, OR18
VIDEO FORMAT SHARED ON AN ONLINE HOSTING PLATFORM IN EXCHANGE19
FOR COMPENSATION.20
(6) (a) "O NLINE HOSTING PLATFORM " MEANS A PUBLIC OR21
SEMIPUBLIC INTERNET -BASED SERVICE OR APPLICATION THAT HAS22
ACCOUNT HOLDERS IN COLORADO AND THAT MEETS THE FOLLOWING23
CRITERIA WITH RESPECT TO ACCOUNT HOLDERS:24
(I) THE SERVICE OR APPLICATION CONNECTS ACCOUNT HOLDERS25
TO ALLOW THEM TO INTERACT WITH EACH OTHER WITHIN THE SERVICE OR26
APPLICATION;27
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(II) T HE SERVICE OR APPLICATION PERMITS PUBLIC POSTING OF1
ACCOUNT HOLDER -GENERATED CONTENT WITHOUT VISIBILITY BEING2
LIMITED TO A PARTICULAR SOCIAL GRAPH; AND3
(III) THE SERVICE OR APPLICATION PERMITS INTERACTION WITH4
OTHER ACCOUNT HOLDERS' CONTENT OUTSIDE A LIMITED SOCIAL GRAPH,5
INCLUDING CONTENT RECOMMENDED FROM PERSONS THAT THE ACCOUNT6
HOLDER DOES NOT FOLLOW.7
(b) "ONLINE HOSTING PLATFORM" DOES NOT INCLUDE:8
(I) AN INTERNET-BASED SERVICE OR APPLICATION OPERATED BY9
A NEWS ORGANIZATION IN FURTHERANCE OF THE NEWS ORGANIZATION'S10
PRIMARY PURPOSE;11
(II) A TELECOMMUNICATIONS SERVICE, AS DEFINED IN 47 U.S.C.12
SEC. 153 (53); OR13
(III) A BROADBAND INTERNET ACCESS SERVICE, AS DEFINED IN 4714
CFR 54.400 (l). 15
(7) "S OCIAL GRAPH " MEANS THE LIST OF PERSONS THAT AN16
ACCOUNT HOLDER IS CONNECTED TO USING A FRIENDING FUNCTION OR17
SIMILAR FUNCTION ON AN ONLINE HOSTING PLATFORM. SUBSCRIBING TO18
CONTENT FROM ANOTHER ACC OUNT HOLDER DOES NOT CONSTITUTE A19
FRIENDING FUNCTION.20
(8) "TRUST COMPANY" HAS THE MEANING SET FORTH IN SECTION21
11-109-101 (11).22
(9) "U NIQUELY IDENTIFIABLE " MEANS THAT AN INDIVIDUAL ,23
OTHER THAN THE INDIVIDUAL SUBMITTING A PRIVACY REMOVAL REQUEST,24
COULD IDENTIFY THE INDIVIDUAL SUBMITTING THE REQUEST AS DISTINCT25
FROM OTHER INDIVIDUALS BASED ON PERSONAL IDENTIFYING26
INFORMATION, INCLUDING IMAGE , VOICE , NAME , OR CONTACT27
1058-4-
INFORMATION.1
8-12.5-102. Compensation for content creation - minors2
engaged in content creation - minor's own content creation - required3
records - trust account.4
(1) (a) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, A MINOR5
IS CONSIDERED ENGAGED IN THE WORK OF CONTENT CREATION WHEN THE6
FOLLOWING CRITERIA ARE MET AT ANY TIME DURING THE PREVIOUS7
TWELVE-MONTH PERIOD:8
(I) AT LEAST THIRTY PERCENT OF THE CONTENT CREATOR'S ONLINE9
CONTENT PRODUCED WITHIN A THIRTY -DAY PERIOD INCLUDES THE10
LIKENESS, NAME , OR PHOTOGRAPH OF THE MINOR . ONLINE CONTENT11
PERCENTAGE IS MEASURED BY THE PERCENTAGE OF TIME THE LIKENESS ,12
NAME, OR PHOTOGRAPH OF THE MINOR VISUALLY APPEARS OR IS THE13
SUBJECT OF AN ORAL NARRATIVE IN ONLINE CONTENT, AS COMPARED TO14
THE TOTAL LENGTH OF TIME OF THE ONLINE CONTENT.15
(II) T HE NUMBER OF VIEWS RECEIVED PER SEGMENT OF ONLINE16
CONTENT ON AN ONLINE HOSTING PLATFORM MEETS THE ONLINE HOSTING17
PLATFORM'S THRESHOLD FOR THE GENERATION OF COMPENSATION OR THE18
CONTENT CREATOR RECEIVES ACTUAL COMPENSATION, INCLUDING19
COMPENSATION FROM SPONSORSHIPS, FOR ONLINE CONTENT EQUAL TO OR20
GREATER THAN TEN CENTS PER VIEW; AND21
(III) THE CONTENT CREATOR RECEIVES ACTUAL COMPENSATION22
FOR ONLINE CONTENT IN AN AMOUNT OF AT LEAST FORTY THOUSAND23
DOLLARS.24
(b) A MINOR WHO IS FOURTEEN YEARS OLD OR OLDER MAY25
PRODUCE, CREATE , AND PUBLISH THEIR OWN ONLINE CONTENT AND IS26
ENTITLED TO ALL COMPENSATION FOR THEIR OWN CONTENT CREATION.27
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(2) (a) A LL CONTENT CREATORS WHOSE ONLINE CONTENT1
FEATURES A MINOR ENGAGED IN THE WORK OF CONTENT CREATION AS2
DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION SHALL MAINTAIN THE3
FOLLOWING RECORDS UNTIL THE MINOR TURNS EIGHTEEN YEARS OLD:4
(I) THE NAME AND DOCUMENTARY PROOF OF THE AGE AT WHICH5
THE MINOR WHO IS ENGAGED IN THE WORK OF CONTENT CREATION6
STARTED ONLINE CONTENT CREATING;7
(II) T HE NUMBER OF POSTS FEATURING ONLINE CONTENT THAT8
GENERATED COMPENSATION DURING THE REPORTING PERIOD;9
(III) THE TOTAL NUMBER OF MINUTES OF THE POSTS FEATURING10
ONLINE CONTENT THAT THE CONTENT CREATOR RECEIVED COMPENSATION11
FOR DURING THE REPORTING PERIOD;12
(IV) THE TOTAL NUMBER OF MINUTES THE MINOR WAS FEATURED13
IN POSTS FEATURING ONLINE CONTENT DURING THE REPORTING PERIOD;14
(V) T HE TOTAL COMPENSATION GENERATED FROM POSTS15
FEATURING ONLINE CONTENT THAT FEATURE THE MINOR DURING THE16
REPORTING PERIOD; AND17
(VI) THE AMOUNT DEPOSITED INTO THE TRUST ACCOUNT FOR THE18
BENEFIT OF THE MINOR ENGAGED IN THE WORK OF CONTENT CREATION, AS19
REQUIRED BY SUBSECTION (3) OF THIS SECTION.20
(b) T HE RECORDS REQUIRED BY THIS SUBSECTION (2) MUST BE21
READILY ACCESSIBLE TO THE MINOR FOR REVIEW. THE CONTENT CREATOR22
SHALL PROVIDE NOTICE TO THE MINOR OF THE EXISTENCE OF THE23
RECORDS.24
(c) I F A CONTENT CREATOR WHOSE POSTS FEATURING ONLINE25
CONTENT FEATURE A MINOR ENGAGED IN THE WORK OF CONTENT26
CREATION FAILS TO MAINTAIN THE RECORDS AS PROVIDED IN THIS27
1058-6-
SUBSECTION (2), A CIVIL ACTION IN DISTRICT COURT MAY BE FILED ON1
BEHALF OF THE MINOR TO ENFORCE THIS SECTION . THE COURT MAY2
AWARD A MINOR WHO PREVAILS IN AN ACTION BROUGHT IN ACCORDANCE3
WITH THIS SECTION THE FOLLOWING:4
(I) INJUNCTIVE RELIEF;5
(II) ACTUAL DAMAGES;6
(III) PUNITIVE DAMAGES; AND7
(IV) THE COSTS OF THE ACTION, INCLUDING ATTORNEY FEES AND8
COURT COSTS.9
(3) (a) A CONTENT CREATOR SHALL COMPENSATE A MINOR WHO IS10
ENGAGED IN THE WORK OF CONTENT CREATION AS DESCRIBED IN11
SUBSECTION (1)(a) OF THIS SECTION BY SETTING ASIDE GROSS EARNINGS12
ON ONLINE CONTENT THAT INCLUDES THE LIKENESS , NAME , OR13
PHOTOGRAPH OF THE MINOR INTO A TRUST ACCOUNT TO BE PRESERVED14
FOR THE BENEFIT OF THE MINOR UPON REACHING THE AGE OF MAJORITY OR15
UPON A DECLARATION THAT THE MINOR IS EMANCIPATED, EXCEPT FOR ANY16
MONEY DISTRIBUTED PURSUANT TO SUBSECTION (3)(d) OF THIS SECTION.17
THE GROSS EARNINGS SHALL BE SET ASIDE ACCORDING TO THE FOLLOWING18
DISTRIBUTION:19
(I) IF ONLY ONE MINOR MEETS THE ONLINE CONTENT THRESHOLD20
DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION, THE PERCENTAGE OF21
GROSS EARNINGS ON ANY ONLINE CONTENT THAT INCLUDES THE LIKENESS,22
NAME, OR PHOTOGRAPH OF THE MINOR THAT IS EQUAL TO OR GREATER23
THAN FORTY PERCENT OF THE ONLINE CONTENT THAT INCLUDES THE24
MINOR, AS DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION; OR25
(II) IF MORE THAN ONE MINOR MEETS THE CONTENT THRESHOLD26
DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION AND ANY SEGMENT OF27
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ONLINE CONTENT INCLUDES MORE THAN ONE OF THE MINORS , THE1
PERCENTAGE DESCRIBED IN SUBSECTION (3)(a)(I) OF THIS SECTION FOR2
ALL MINORS IN ANY SEGMENT SHALL BE EQUALLY DIVIDED BETWEEN THE3
MINORS, REGARDLESS OF DIFFERENCES IN PERCENTAGE OF CONTENT4
PROVIDED BY THE INDIVIDUAL MINORS, AND PAID INTO A SEPARATE TRUST5
ACCOUNT FOR EACH MINOR.6
(b) A CONTENT CREATOR SHALL ENSURE THAT A TRUST ACCOUNT7
REQUIRED UNDER THIS SECTION MEETS THE FOLLOWING REQUIREMENTS:8
(I) THE MONEY IN THE ACCOUNT IS MADE AVAILABLE ONLY TO THE9
MINOR ENGAGED IN THE WORK OF CONTENT CREATION;10
(II) THE TRUST ACCOUNT IS HELD BY A BANK OR TRUST COMPANY;11
(III) THE MONEY IN THE TRUST ACCOUNT WILL BECOME AVAILABLE12
TO THE MINOR ENGAGED IN THE WORK OF CONTENT CREATION UPON THE13
MINOR TURNING EIGHTEEN YEARS OLD OR UPON A DECLARATION THAT THE14
MINOR IS EMANCIPATED;15
(IV) THE TRUST IS NOT REVOCABLE BY THE CONTENT CREATOR16
WITHOUT THE CONSENT OF THE MINOR ENGAGED IN THE WORK OF17
CONTENT CREATION; AND18
(V) THE ACCOUNT MEETS THE REQUIREMENTS OF THE "COLORADO19
UNIFORM TRANSFERS TO MINORS ACT", ARTICLE 50 OF TITLE 11.20
(c) IF A CONTENT CREATOR KNOWINGLY OR RECKLESSLY VIOLATES21
THIS SECTION , A CIVIL ACTION IN DISTRICT COURT MAY BE FILED ON22
BEHALF OF THE MINOR TO ENFORCE THIS SECTION . THE COURT MAY23
AWARD A MINOR WHO PREVAILS IN AN ACTION BROUGHT IN ACCORDANCE24
WITH THIS SECTION THE FOLLOWING:25
(I) INJUNCTIVE RELIEF;26
(II) ACTUAL DAMAGES;27
1058-8-
(III) PUNITIVE DAMAGES; AND1
(IV) THE COSTS OF THE ACTION, INCLUDING ATTORNEY FEES AND2
COURT COSTS.3
(d) IF, IN THE PRECEDING CALENDAR YEAR, A MINOR IS ENGAGED4
IN THE WORK OF CONTENT CREATION AND MEETS THE CRITERIA DESCRIBED5
IN SUBSECTION (1)(a) OF THIS SECTION FOR THE FIRST TIME, THE CONTENT6
CREATOR SHALL ESTABLISH THE TRUST REQUIRED BY SUBSECTION (3)(a)7
OF THIS SECTION ON OR BEFORE JANUARY 30 OF THE CALENDAR YEAR. 8
(e) A COURT OF COMPETENT JURISDICTION MAY DISTRIBUTE9
MONEY FROM A TRUST ACCOUNT REQUIRED BY SUBSECTION (3)(a) OF THIS10
SECTION TO A CONTENT CREATOR PRIOR TO THE MINOR WHO IS THE11
BENEFICIARY OF THE TRUST ACCOUNT REACHING THE AGE OF MAJORITY OR12
A DECLARATION THAT THE MINOR IS EMANCIPATED UPON:13
(I) PETITION OF THE TRUSTEE; AND14
(II) A SUBSEQUENT FINDING BY THE COURT THAT THE MONEY WILL15
ONLY BE USED FOR SPECIFIC EXPENSES THAT SOLELY BENEFIT THE MINOR16
WHO IS THE BENEFICIARY OF THE TRUST ACCOUNT.17
(f) T HIS SECTION DOES NOT AFFECT A RIGHT OR REMEDY18
AVAILABLE UNDER ANY OTHER LAW OF THE STATE.19
(g) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT A20
PARTY THAT IS NEITHER THE CONTENT CREATOR NOR THE MINOR ENGAGED21
IN THE WORK OF CONTENT CREATION.22
8-12.5-103. Privacy removals - private right of action.23
(1) AN ADULT OR AN EMANCIPATED MINOR WHO WAS FEATURED24
IN A CONTENT CREATOR'S POST FEATURING ONLINE CONTENT AS A MINOR25
ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION MAY REQUEST THAT26
THE CONTENT CREATOR DELETE THE POST FROM THE ONLINE HOSTING27
1058-9-
PLATFORM OR EDIT THE POST TO REMOVE THE INDIVIDUAL 'S PRIVATE1
INFORMATION IF THE INDIVIDUAL IS UNIQUELY IDENTIFIABLE.2
(2) (a) AN ONLINE HOSTING PLATFORM SHALL PROVIDE AN EASILY3
ACCESSIBLE MECHANISM THROUGH WHICH AN INDIVIDUAL CAN SUBMIT A4
REQUEST PURSUANT TO SUBSECTION (1) OF THIS SECTION FOR THE5
CONTENT CREATOR TO DELETE A POST FEATURING ONLINE CONTENT FROM6
THE ONLINE HOSTING PLATFORM OR EDIT THE POST FEATURING ONLINE7
CONTENT TO REMOVE THE INDIVIDUAL 'S PRIVATE INFORMATION IF THE8
INDIVIDUAL IS UNIQUELY IDENTIFIABLE. THE MECHANISM MAY INCLUDE9
TOOLS THAT ENABLE AN INDIVIDUAL TO SUBMIT A REQUEST DIRECTLY TO10
THE CONTENT CREATOR.11
(b) AN INDIVIDUAL SUBMITTING A REMOVAL REQUEST PURSUANT12
TO THIS SECTION MUST INCLUDE ALL INFORMATION REASONABLY13
REQUESTED TO IDENTIFY THE MINOR AND THE POST FEATURING ONLINE14
CONTENT, INCLUDING INFORMATION TO VERIFY THAT THE INDIVIDUAL15
MAKING THE REMOVAL REQUEST IS THE INDIVIDUAL FEATURED IN THE16
ONLINE CONTENT.17
(c) A N ONLINE HOSTING PLATFORM THAT DOES NOT PROVIDE A18
MECHANISM TO ENABLE INDIVIDUALS TO SUBMIT A REQUEST DIRECTLY TO19
THE CONTENT CREATOR SHALL NOTIFY THE RESPONSIBLE CONTENT20
CREATOR WITHIN A REASONABLE TIME PERIOD AFTER THE SUBMITTAL OF21
A REMOVAL REQUEST, AS SET BY THE ONLINE HOSTING PLATFORM, WHICH22
TIME PERIOD MUST NOT EXCEED THIRTY DAYS.23
(d) A CONTENT CREATOR SHALL DELETE A POST FEATURING24
ONLINE CONTENT FROM AN ONLINE HOSTING PLATFORM OR EDIT THE POST25
TO REMOVE THE INDIVIDUAL 'S UNIQUELY IDENTIFIABLE INFORMATION26
WITHIN SEVENTY-TWO HOURS.27
1058-10-
(3) (a) I F A CONTENT CREATOR FAILS TO COMPLY WITH1
SUBSECTION (2)(d) OF THIS SECTION WITHIN THIRTY DAYS AFTER2
RECEIVING THE REMOVAL REQUEST, THE INDIVIDUAL WHO SUBMITTED THE3
REMOVAL REQUEST MAY INITIATE A CIVIL ACTION AGAINST THE CONTENT4
CREATOR IN DISTRICT COURT TO ENFORCE THIS SECTION . AN ONLINE5
HOSTING PLATFORM IS NOT LIABLE FOR A VIOLATION OF SUBSECTION (2)(d)6
OF THIS SECTION IF THE ONLINE HOSTING PLATFORM COMPLIES WITH7
SUBSECTIONS (2)(a) AND (2)(c) OF THIS SECTION. THE COURT MAY AWARD8
AN INDIVIDUAL WHO PREVAILS IN AN ACTION BROUGHT IN ACCORDANCE9
WITH THIS SECTION THE FOLLOWING:10
(I) INJUNCTIVE RELIEF;11
(II) ACTUAL DAMAGES;12
(III) PUNITIVE DAMAGES; AND13
(IV) THE COSTS OF THE ACTION, INCLUDING ATTORNEY FEES AND14
COURT COSTS.15
(b) (I) IF A CONTENT CREATOR FAILS TO COMPLY WITH SUBSECTION16
(2)(d) OF THIS SECTION WITHIN THIRTY DAYS AFTER RECEIVING THE17
REMOVAL REQUEST, THE ONLINE HOSTING PLATFORM SHALL REVIEW AND18
TAKE ALL REASONABLE STEPS CONSISTENT WITH THE ONLINE HOSTING19
PLATFORM'S POLICIES TO REMOVE THE ONLINE CONTENT FROM THE ONLINE20
HOSTING PLATFORM UNLESS:21
(A) T HE INDIVIDUAL WHO WAS FEATURED IN THE CONTENT22
CREATOR'S POST AS A MINOR DOES NOT SUBMIT SUFFICIENT , ACCURATE23
INFORMATION IN THE REQUEST TO REMOVE THE CONTENT; OR24
(B) T HE ONLINE HOSTING PLATFORM FINDS THAT THE POST25
FEATURING ONLINE CONTENT IS SUFFICIENTLY NEWSWORTHY OR OF OTHER26
PUBLIC INTEREST TO OUTWEIGH THE PRIVACY INTERESTS OF THE27
1058-11-
INDIVIDUAL WHO WAS FEATURED IN THE ONLINE CONTENT AS A MINOR .1
FOR THE PURPOSES OF THIS SUBSECTION (3)(b)(II), CONTENT PUBLISHED2
BY A NEWS ORGANIZATION IS PRESUMED TO BE NEWSWORTHY OR OF3
OTHER PUBLIC INTEREST.4
(II) AN ONLINE HOSTING PLATFORM IS NOT LIABLE FOR A GOOD5
FAITH DETERMINATION MADE IN RESPONSE TO THIS SUBSECTION (3)(b).6
(III) AN ONLINE HOSTING PLATFORM IS NOT LIABLE FOR ACTIONS7
TAKEN IN RESPONSE TO THIS SUBSECTION (3)(b) BASED ON THE ONLINE8
HOSTING PLATFORM'S GOOD FAITH RELIANCE ON THE INFORMATION9
SUBMITTED AND REMOVAL OF CONTENT IDENTIFIED BY THE REQUESTING10
INDIVIDUAL, REGARDLESS OF WHETHER THE INDIVIDUAL MADE THE11
REQUEST IN ERROR OR BAD FAITH.12
(4) (a) T HIS SECTION DOES NOT AFFECT A RIGHT OR REMEDY13
AVAILABLE UNDER ANY OTHER LAW OF THE STATE.14
(b) THIS SECTION SHALL NOT BE CONSTRUED TO IMPOSE LIABILITY15
IN A MANNER THAT IS INCONSISTENT WITH THE FEDERAL16
"COMMUNICATIONS DECENCY ACT OF 1996", 47 U.S.C. SEC. 230.17
8-12.5-104. Intentional sexualization of minors featured in18
content creation - exceptions - private right of action - risk-based19
strategy.20
(1) EXCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, A21
PERSON SHALL NOT FINANCIALLY BENEFIT FROM KNOWINGLY PRODUCING22
OR DISTRIBUTING PUBLICLY, INCLUDING BY COMPUTER, ONLINE CONTENT23
OF A MINOR WITH THE INTENT TO SEXUALLY GRATIFY OR ELICIT A SEXUAL24
RESPONSE IN THE VIEWER OR ANOTHER PERSON.25
(2) (a) THIS SECTION DOES NOT APPLY TO:26
(I) L AWFULLY AUTHORIZED INVESTIGATIVE , PROTECTIVE , OR27
1058-12-
INTELLIGENCE ACTIVITY OF A LAW ENFORCEMENT AGENCY OF THE UNITED1
STATES, A STATE , OR A POLITICAL SUBDIVISION OF A STATE OR OF AN2
INTELLIGENCE AGENCY OF THE UNITED STATES;3
(II) AN INDIVIDUAL WHO, ACTING IN GOOD FAITH:4
(A) REPORTS UNLAWFUL ACTIVITY; OR5
(B) ACTS IN PURSUANCE OF A LEGAL OR PROFESSIONAL OR OTHER6
LAWFUL OBLIGATION;7
(III) A DOCUMENT PRODUCTION OR FILING ASSOCIATED WITH A8
LEGAL PROCEEDING; OR9
(IV) A N ONLINE HOSTING PLATFORM WITH REGARD TO ONLINE10
CONTENT PROVIDED BY CONTENT CREATORS UNLESS THE ONLINE HOSTING11
PLATFORM INTENTIONALLY SOLICITS , OR KNOWINGLY AND12
PREDOMINANTLY DISTRIBUTES, SUCH CONTENT.13
(b) THIS SECTION SHALL NOT BE CONSTRUED TO IMPOSE LIABILITY14
IN A MANNER THAT IS INCONSISTENT WITH THE FEDERAL15
"COMMUNICATIONS DECENCY ACT OF 1996", 47 U.S.C. SEC. 230.16
(c) T HIS SECTION DOES NOT IMPOSE LIABILITY ON AN ONLINE17
HOSTING PLATFORM FOR CONTENT CREATED BY A THIRD PARTY AND DOES18
NOT REQUIRE PROACTIVE MONITORING OF USER-GENERATED CONTENT.19
(3) (a) I F A PERSON VIOLATES OR ATTEMPTS OR CONSPIRES TO20
VIOLATE SUBSECTION (1) OF THIS SECTION , A CIVIL ACTION IN DISTRICT21
COURT MAY BE FILED ON BEHALF OF THE MINOR AGGRIEVED BY THE22
VIOLATION TO ENFORCE THIS SECTION. THE COURT MAY AWARD A MINOR23
WHO PREVAILS IN AN ACTION BROUGHT IN ACCORDANCE WITH THIS24
SECTION THE FOLLOWING:25
(I) ACTUAL DAMAGES;26
(II) PUNITIVE DAMAGES; AND27
1058-13-
(III) THE COSTS OF THE ACTION, INCLUDING ATTORNEY FEES AND1
COURT COSTS.2
(b) T HIS SECTION DOES NOT AFFECT A RIGHT OR REMEDY3
AVAILABLE UNDER ANY OTHER LAW OF THE STATE.4
(4) (a) A N ONLINE HOSTING PLATFORM SHALL DEVELOP AND5
IMPLEMENT A RISK-BASED STRATEGY TO HELP MITIGATE RISKS RELATED6
TO MONETIZATION OF THE INTENTIONAL SEXUALIZATION OF KNOWN7
MINORS ENGAGED IN CONTENT CREATION. AN ONLINE HOSTING PLATFORM8
MAY LEVERAGE EXISTING TRUST AND SAFETY SYSTEMS AND POLICIES TO9
SATISFY THE REQUIREMENTS OF THIS SUBSECTION (4)(a).10
(b) A N ONLINE HOSTING PLATFORM SHALL DOCUMENT AND11
REASSESS THE RISK -BASED STRATEGY DEVELOPED PURSUANT TO12
SUBSECTION (4)(a) OF THIS SECTION ON A REASONABLE RECURRING BASIS13
AND MAY INCLUDE AT THE SOLE DISCRETION OF THE ONLINE HOSTING14
PLATFORM COMMERCIALLY REASONABLE:15
(I) P OLICIES THAT GOVERN CONTENT AND RELATED16
MONETIZATION;17
(II) RESTRICTIONS OF FEATURES ON ONLINE CONTENT FEATURING18
MINORS;19
(III) AUTOMATED SYSTEMS TO IDENTIFY AND ENFORCE AGAINST20
POTENTIALLY PROBLEMATIC ONLINE CONTENT AND ACCOUNTS;21
(IV) G UARDRAILS TO MITIGATE AGAINST A RECOMMENDATION22
SYSTEM UTILIZED BY AN ONLINE HOSTING PLATFORM RECOMMENDING23
ONLINE CONTENT CONTAINING SEXUALIZATION OF KNOWN MINORS; AND24
(V) QUALITY ASSURANCE PROCESSES RECURRING AT REASONABLE25
INTERVALS TO ENSURE THAT THE RISK -BASED STRATEGY DEVELOPED26
PURSUANT TO SUBSECTION (4)(a) OF THIS SECTION IS WORKING AS27
1058-14-
INTENDED.1
(c) A N ONLINE HOSTING PLATFORM SHALL ENSURE THAT2
INFORMATION ABOUT ITS ONLINE CONTENT POLICIES, SETTINGS, AND BEST3
PRACTICES FOR ONLINE CONTENT FEATURING MINORS IS PUBLICLY4
AVAILABLE, UNDERSTANDABLE TO BOTH ADULTS AND MINORS , AND5
INFORMED BY RESEARCH AND OUTSIDE EXPERTISE . THE INFORMATION6
MUST INFORM CONTENT CREATORS THAT THEY MAY BE SUBJECT TO7
VARIOUS LEGAL REQUIREMENTS AND EXPLAIN RISKS AND STEPS TO8
PROTECT MINORS APPEARING IN POSTS FEATURING ONLINE CONTENT FROM9
EXPLOITATION.10
SECTION 2. Act subject to petition - effective date -11
applicability. (1) This act takes effect June 1, 2027; except that, if a12
referendum petition is filed pursuant to section 1 (3) of article V of the13
state constitution against this act or an item, section, or part of this act14
within the ninety-day period after final adjournment of the general15
assembly, then the act, item, section, or part will not take effect unless16
approved by the people at the general election to be held in November17
2026 and, in such case, will take effect June 1, 2027.18
(2) This act applies to conduct occurring on or after the applicable19
effective date of this act.20
1058-15-