2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 9 - OFFENSES AGAINST PUBLIC PEACE, ORDER, AND DECENCY (§§ 18-9-101 — 18-9-314) › Part 3 - OFFENSES INVOLVING COMMUNICATIONS (§§ 18-9-301 — 18-9-314) › Section 18-9-313 - [Effective until 8/7/2024] Personal information on the internet - victims of domestic violence, sexual assault, and stalking - other protected persons - definitions

(1)
As used in this section, unless the context otherwise requires:
(a)
"Child representative" means:
(I)
An employee of or contractor with the office of the child's representative created in section
13-91-104
; or
(II)
The staff of contractors with the office of the child's representative who are members of an attorney's legal team who assist with the attorney's legal representation of children, youth, and juveniles.
(b)
"Code enforcement officer" means a municipal, county, or city and county employee or contractor who is responsible for the administration and enforcement of land use, zoning regulations, building codes, health codes, floodplain regulations, and other similar health and safety codes.
(b.5)
"Educator" means a teacher, principal, administrator, special services provider, and an education support professional, as defined in section
22-2-502
(1.5).
(c)
"Exempt party" means any party to the record, a settlement service, a title insurance company, a title insurance agency, a mortgage servicer or a mortgage servicer's qualified agent, or an attorney licensed and in good standing in the state of Colorado to practice law and who is engaged in a real estate matter.
(d)
"Health-care worker" means a licensed health-care provider, or an employee, contracted health-care provider, or individual serving in a governance capacity of a health-care facility licensed pursuant to section
25-1.5-103
.
(e)
"Human services worker" means:
(I)
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;
(II)
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;
(III)
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;
(IV)
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
(V)
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.
(f)
"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.
(g)
"Judge" has the same meaning as defined by section
18-8-615 (3)
.
(h)
"Mortgage servicer" has the same meaning as set forth in section
5-21-103 (4)
.
(i)
"Office of the respondent parents' counsel staff member or contractor" means:
(I)
An employee of the office of the respondent parents' counsel created in section
13-92-103
;
(II)
An attorney licensed and in good standing in the state of Colorado to practice law who contracts with the office of the respondent parents' counsel to represent indigent parents who are respondents in dependency and neglect cases brought pursuant to title 19; or
(III)
A social worker, family advocate, or peer advocate who contracts with the office of the respondent parents' counsel to assist attorneys in the representation of indigent parents who are respondents in dependency and neglect cases brought pursuant to title 19.
(j)
"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
.
(k)
"Peace officer" has the same meaning as described in section
16-2.5-101
.
(l)
"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.
(m)
"Prosecutor" has the same meaning as defined in section
18-8-616 (3)
.
(n)
"Protected person" means an educator, a code enforcement officer, a human services worker, a public health worker, a child representative, a health-care worker, a reproductive health-care services worker, an officer or agent of the state bureau of animal protection, an animal control officer, an office of the respondent parents' counsel staff member or contractor, a judge, a peace officer, a prosecutor, a public defender, or a public safety worker.
(o)
"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
.
(p)
"Public health worker" means:
(I)
An employee, a contractor, or an 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
;
(II)
An employee, a contractor, or an 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
(III)
A member of a county or district board of health, other than an elected county commissioner.
(q)
"Public safety worker" means:
(I)
An employee, a 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;
(II)
A noncertified deputy sheriff or detention officer, as described in section
16-2.5-103 (2)
, who has contact with inmates; or
(III)
An employee, a 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.
(q.5)
"Reproductive health-care services worker" means a patient who relocated to Colorado, a provider, or an employee of an organization that provides or assists individuals in accessing a legally protected health-care activity, as defined in section
12-30-121 (1)(d)
.
(r)
"Settlement service" has the same meaning as set forth in section
10-11-102
(6.7)(a) to (6.7)(f).
(s)
"Title insurance agency" has the same meaning as set forth in section
10-11-102
(8.5).
(t)
"Title insurance company" has the same meaning as set forth in section
10-11-102 (10)
.
(2)
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)
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.
(b)
A protected person's written request to a state or local government official to remove personal information from records that the official makes available on the internet must include:
(I)
The protected person's full name and home address;
(II)
Evidence that the person submitting the request is a protected person; and
(III)
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.
(c)
An exempt party may access a record that includes information otherwise subject to redaction pursuant to subsection (2.8)(b) of this section, and that is maintained by the county recorder, county assessor, or county treasurer, if the person seeking access to the record provides evidence and an affirmation under penalty of perjury that they are an exempt party.
(d)
Each county recorder, county assessor, or county treasurer shall grant an exempt party access to the record based on its existing processes or shall adopt a process to grant access if one is not already in place. Each county recorder, county assessor, or county treasurer may assess administrative costs related to granting access to the exempt party requesting the record.
(3)
A violation of subsection (2.7) of this section is a class 1 misdemeanor.
Amended by 2023 Ch. 68,§ 15, eff. 4/14/2023.
Amended by 2022 Ch. 240, § 1, eff. 5/26/2022.
Amended by 2022 Ch. 39, § 1, eff. 3/24/2022.
Amended by 2021 Ch. 136, § 55, eff. 10/1/2021.
Amended by 2021 Ch. 311, § 1, eff. 6/24/2021.
Amended by 2021 Ch. 153, § 1, eff. 5/18/2021.
Amended by 2020 Ch. 77, § 1, eff. 9/14/2020.
Amended by 2019 Ch. 95, § 1, eff. 4/11/2019.
Amended by 2015 Ch. 239, § 2, eff. 5/29/2015.
Amended by 2015 Ch. 42, § 1, eff. 3/20/2015.
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. 1696, p. 1696, § 1, effective May 21. L. 2015: (1)(a.9) and (2.5) added and (1)(b) amended, (HB 15 -1174), ch. 103, p. 103, § 1, effective March 20; (1)(a.5) amended, (HB 15-1229), ch. 885, p. 885, § 2, effective May 29. L. 2019: (1) and (3) amended and (2.7) and (2.8) added, (HB 19 -1197), ch. 349, p. 349, § 1, effective April 11. L. 2020: (1)(a), (1)(b), (1)(e), (2.7), and (2.8) amended, (HB 20 -1052), ch. 315, 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. 876, 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.
Amendments to subsections (1)(b), (1)(e), and (1)(f) by HB 21-1107 and HB 21-1015 were harmonized.
This section is set out more than once due to postponed, multiple, or conflicting amendments.