CO Code § 18-9-313 (2021)
2021 Colorado Code|Title 18 - Criminal Code|Article 9 - Offenses Against Public Peace, Order, and Decency|Part 3 - Offenses Involving Communications|§ 18-9-313. Personal Information on the Internet - Victims of Domestic Violence, Sexual Assault, and Stalking - Other Protected Persons - Definitions

  As used in this section, unless the context otherwise requires:   “Human services worker” means:   A state or county employee, or an attorney representing the state or county, who is engaged in investigating or taking legal action regarding allegations of child abuse or neglect pursuant to article 3 of title 19, and a state or county support staff person who has contact with the public relating to these allegations;    A state or county employee, or an attorney representing the state or county, who is engaged in investigating or taking legal action regarding allegations of mistreatment of an at-risk adult pursuant to article 3.1 of title 26, and a state or county support staff person who has contact with the public relating to these allegations;    A state or county employee, including a county attorney or an employee of a person under contract with a state or county, who is engaged in establishing, modifying, and enforcing child support orders pursuant to article 13 of title 26, and a state or county support staff person who has contact with the public relating to these duties;    A state or county employee, including a county attorney, who is engaged in determining eligibility for or investigating fraud in public programs established in article 2 of title 26, and who has contact with the public relating to these duties; or    An employee of a juvenile detention facility established and operated pursuant to section 19-2.5-1502 or an employee of the division of youth services within the department of human services, including an employee under contract with the division of youth services, who has contact with juveniles involved with youth services.       “Immediate family” means a protected person's spouse, child, or parent or any other blood relative who lives in the same residence as the protected person.  (b.5) “Judge” has the same meaning as defined by section 18-8-615 (3) .     Repealed.    “Participant in the address confidentiality program” means an individual accepted into the address confidentiality program in accordance with part 21 of article 30 of title 24.  (d.5) “Peace officer” has the same meaning as described in section 16-2.5-101 .     “Personal information” means the home address, home telephone number, personal mobile telephone number, pager number, personal e-mail address, or a personal photograph of a participant in the address confidentiality program or protected person; directions to the home of a participant in the address confidentiality program or protected person; or photographs of the home or vehicle of a participant in the address confidentiality program or protected person.  (e.5) “Prosecutor” has the same meaning as defined in section 18-8-616 (3) .     “Protected person” means a human services worker, a public health worker, a judge, a peace officer, a prosecutor, a public defender, or a public safety worker.  (f.6) “Public defender” means an attorney employed by the office of the state public defender created in section 21-1-101 , or an attorney employed by the office of alternate defense counsel created in section 21-2-101 .     “Public health worker” means:   An employee, contractor, or employee of a contractor of the department of public health and environment, created in section 25-1-102, who is engaged in public health duties, as described in section 25-1.5-101;    An employee, contractor, or employee of a contractor of a county or district public health agency, as defined in section 25-1-502, who is engaged in public health duties, as described in section 25-1-506; or    A member of a county or district board of health, other than an elected county commissioner.       “Public safety worker” means:   An employee, contractor, or an employee of a contractor of the department of corrections who has contact with persons in the custody of the department of corrections or with the family or associates of such persons;    A noncertified deputy sheriff or detention officer, as described in section 16-2.5-103 (2), who has contact with inmates; or    An employee, contractor, or an employee of a contractor of a community corrections program, as defined in section 17-27-102, who has contact with offenders in a community corrections program.          Repealed. (2.5) An address confidentiality program participant may submit a written request to a state or local government official and follow the process in section 24-30-2108 , C.R.S., including the presentation of a valid address confidentiality program authorization card. If a state or local government official has received the above information, then the state or local government official shall not knowingly make available on the internet personal information about such participant in the address confidentiality program or the actual address, as defined in section 24-30-2103 (1) , C.R.S., of such participant in the address confidentiality program. (2.7) It is unlawful for a person to knowingly make available on the internet personal information about a protected person or the protected person's immediate family if the dissemination of personal information poses an imminent and serious threat to the protected person's safety or the safety of the protected person's immediate family and the person making the information available on the internet knows or reasonably should know of the imminent and serious threat. (2.8)   A protected person may submit a written request pursuant to subsection (2.8)(b) of this section to a state or local government official to remove personal information from records that are available on the internet. If a state or local government official receives the written request, then the state or local government official shall not knowingly make available on the internet personal information about the protected person or the protected person's immediate family.    A protected person's written request to a state or local government official to remove records that the official makes available on the internet must include:   Evidence that the person submitting the request is a protected person, as defined in subsection (1) of this section; and    An affirmation stating under penalty of perjury that the person submitting the request has reason to believe that the dissemination of the personal information contained in the records that the official makes available on the internet poses an imminent and serious threat to the person's safety or the safety of the person's immediate family.          A violation of subsection (2.7) of this section is a class 1 misdemeanor.      History. Source: L. 2002: Entire section added, p. 1139, § 1, effective July 1. L. 2003: (2) amended, p. 1616, § 14, effective August 6. L. 2009: (1) and (2) amended,(HB 09-1316), ch. 313, p. 1696, § 1, effective May 21. L. 2015: (1)(a.9) and (2.5) added and (1)(b) amended,(HB 15-1174), ch. 42, p. 103, § 1, effective March 20; (1)(a.5) amended,(HB 15-1229), ch. 239, p. 885, § 2, effective May 29. L. 2019: (1) and (3) amended and (2.7) and (2.8) added,(HB 19-1197), ch. 95, p. 349, § 1, effective April 11. L. 2020: (1)(a), (1)(b), (1)(e), (2.7), and (2.8) amended,(HB 20-1052), ch. 77, p. 315, § 1, effective September 14. L. 2021: IP(1), (1)(b) (1)(e), (2.7), and (2.8) amended and (1)(f) and (1)(g) added,(HB 21-1107), ch. 153, p. 876, § 1, effective May 18; IP(1), (1)(b), (1)(e), (2.7), (2.8), and (3) amended, (1)(b.5), (1)(d.5), (1)(e.5), (1)(f), (1)(f.6), and (1)(h) added, and (1)(c) and (2) repealed,(HB 21-1015), ch. 311, p. 1899, § 1, effective June 24; (1)(a)(V) amended,(SB21-059), ch. 136, p. 724, § 55, effective October 1.    Editor's note:   Amendments to subsections (1)(b), (1)(e), and (1)(f) by HB 21-1107 and HB 21-1015 were harmonized.