C.R.S. § 8-12.5-104: Intentional sexualization of minors featured in content creation - exceptions - private right of action - risk-based strategy.

(1) Except as provided in subsection (2) of this section, a person shall not financially benefit from knowingly producing or distributing publicly, including by computer, online content of a minor with the intent to sexually gratify or elicit a sexual response in the viewer or another person.

(2) (a) This section does not apply to:

(I) Lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a state, or a political subdivision of a state or of an intelligence agency of the United States;

(II) An individual who, acting in good faith:

(A) Reports unlawful activity; or

(B) Acts in pursuance of a legal or professional or other lawful obligation;

(III) A document production or filing associated with a legal proceeding; or

(IV) An online hosting platform with regard to online content provided by content creators unless the online hosting platform intentionally solicits, or knowingly and predominantly distributes, such content.

(b) This section shall not be construed to impose liability in a manner that is inconsistent with the federal "Communications Decency Act of 1996", 47 U.S.C. sec. 230.

(c) This section does not impose liability on an online hosting platform for content created by a third party and does not require proactive monitoring of user-generated content.

(3) (a) If a person violates or attempts or conspires to violate subsection (1) of this section, a civil action in district court may be filed on behalf of the minor aggrieved by the violation to enforce this section. The court may award a minor who prevails in an action brought in accordance with this section the following:

(I) Actual damages;

(II) Punitive damages; and

(III) The costs of the action, including attorney fees and court costs.

(b) This section does not affect a right or remedy available under any other law of the state.

(4) (a) An online hosting platform shall develop and implement a risk-based strategy to help mitigate risks related to monetization of the intentional sexualization of known minors engaged in content creation. An online hosting platform may leverage existing trust and safety systems and policies to satisfy the requirements of this subsection (4)(a).

(b) An online hosting platform shall document and reassess the risk-based strategy developed pursuant to subsection (4)(a) of this section on a reasonable recurring basis and may include at the sole discretion of the online hosting platform commercially reasonable:

(I) Policies that govern content and related monetization;

(II) Restrictions of features on online content featuring minors;

(III) Automated systems to identify and enforce against potentially problematic online content and accounts;

(IV) Guardrails to mitigate against a recommendation system utilized by an online hosting platform recommending online content containing sexualization of known minors; and

(V) Quality assurance processes recurring at reasonable intervals to ensure that the risk-based strategy developed pursuant to subsection (4)(a) of this section is working as intended.

(c) An online hosting platform shall ensure that information about its online content policies, settings, and best practices for online content featuring minors is publicly available, understandable to both adults and minors, and informed by research and outside expertise. The information must inform content creators that they may be subject to various legal requirements and explain risks and steps to protect minors appearing in posts featuring online content from exploitation.