Colorado Sexting Laws (2026 Guide)


Colorado takes a unique and progressive approach to teen sexting, distinct from many other states. Recognizing that labeling teenagers as sex offenders for consensual image sharing is counterproductive, the state enacted C.R.S. § 18-7-109. This statute creates a specific legal framework for minors, often treating “sexting” as a civil infraction or petty offense rather than a felony sex crime. However, serious penalties remain for non-consensual sharing, adult involvement, and child exploitation.

Key Points

  • Specific Teen Sexting Law: Yes (C.R.S. § 18-7-109)
  • Age of Majority: 18 years old
  • Minor-to-Minor (Consensual): Often a civil citation/fine
  • Adult-to-Minor: Class 3 Felony (Sexual Exploitation)
  • Revenge Porn Law: Yes (C.R.S. § 18-7-107)
  • AI/Deepfake Laws: Updated 2025 (SB 25-288)

Penalties at a Glance

  • Teen First Offense (Consensual): Civil citation, education, fine
  • Teen Subsequent Offense: Misdemeanor penalties
  • Revenge Porn (Harassment): Misdemeanor (up to $5,000 fine)
  • Child Exploitation (Adult): 4-12 years prison (Felony)

Table of Contents

Colorado Teen Sexting Law (§ 18-7-109)

Before 2017, Colorado teens caught sexting faced potential felony charges under the state’s child exploitation statutes. The legislature recognized this was disproportionate and enacted C.R.S. § 18-7-109, titled “Posting, possession, or exchange of a private image by a juvenile.”

This law applies exclusively to juveniles (under 18) and covers three specific actions:

  1. Possession: Having a private sexual image of oneself or another minor.
  2. Exchange: Sharing such an image with another minor.
  3. Posting: Distributing the image to a wider audience (which carries harsher penalties).

What Counts as a “Private Image”?

The statute defines a private image as one depicting a person’s intimate parts (genitals, pubic area, or female breast below the top of the areola) or a person engaged in sexual acts. Crucially, the law distinguishes between images shared consensually and those shared to harass.

Penalties for Teen Sexting

Colorado uses a tiered system for teen sexting, prioritizing education over incarceration. The goal is to correct behavior without permanently ruining a young person’s future.

Tier 1: Consensual Possession or Exchange

If a minor possesses or exchanges a private image with another minor, and the act is consensual (e.g., between dating partners), it is typically treated as a petty offense or a civil infraction.

  • Penalty: Assessment of a fine (often around $100-$300).
  • Requirement: Completion of an educational class on the dangers of sexting.
  • Record: This does not result in a sex offender registration requirement.

Tier 2: Aggravating Factors

Penalties increase if the minor:

  • Posts the image online to a wider audience.
  • Shares the image without the consent of the depicted person.
  • Uses the image to harass, intimidate, or coerce the victim.

In these cases, the offense may be elevated to a misdemeanor. The court can order:

  • Higher fines.
  • Probation.
  • Community service.
  • More intensive counseling or treatment.

AI-Generated Imagery & Deepfakes (2025 Update)

Colorado modernized its laws in 2025 to address the rise of Artificial Intelligence (AI) and “deepfake” pornography. With the passage of SB 25-288, the state expanded the definition of “private image” and “intimate representation” in C.R.S. § 18-7-107 and related statutes.

Key Changes

  • Digital Depictions: The law now explicitly includes images created, adapted, or modified by computer software (AI) that appear to be realistic depictions of a person.
  • No “Real” Image Required: You can be charged for distributing a deepfake of a classmate or ex-partner, even if the nude body in the image is completely computer-generated.
  • Same Penalties: Distributing non-consensual deepfake pornography carries the same penalties as distributing real revenge porn.

Sexual Exploitation of a Child (§ 18-6-403)

While § 18-7-109 provides a “safe harbor” for teens, the state’s primary child pornography statute, C.R.S. § 18-6-403 (Sexual Exploitation of a Child), remains in full effect for adults and serious juvenile cases.

This statute makes it a felony to:

  • Possess, control, or view sexually exploitative material of a child.
  • Produce, distribute, or promote such material.

Penalties for Adults

Offense Classification Presumptive Prison Range
Possession Class 4 Felony 2 to 6 years
Distribution/Production Class 3 Felony 4 to 12 years

Note: Convictions under this statute require mandatory sex offender registration and indeterminate sentencing in some cases, meaning a person could effectively remain under state supervision for life.

Adults Sexting With Minors

An adult (18+) who requests, receives, or sends sexually explicit images to a minor (under 18) faces severe felony charges. There is no “Romeo and Juliet” exception for adults in this context regarding the possession of the images themselves.

  • Solicitation: If an adult attempts to persuade a minor to send a nude photo, they can be charged with Solicitation for Child Prostitution (C.R.S. § 18-7-402) or Enticement of a Child (C.R.S. § 18-3-305).
  • Possession: Once the adult receives the image, they are in possession of child exploitation material (Class 4 Felony).

Revenge Porn Laws (§ 18-7-107)

Colorado’s “Revenge Porn” law, officially titled Posting a private image for harassment (C.R.S. § 18-7-107), makes it a crime to share intimate images without consent.

A person commits this offense if they:

  1. Post or distribute a private image of another person.
  2. Do so without that person’s consent.
  3. Act with the intent to harass, intimidate, or coerce the depicted person.
  4. Inflict serious emotional distress on the victim.

Penalties

  • Misdemeanor: Generally a Class 1 Misdemeanor.
  • Fines: Up to $5,000 (standard) or significantly higher in civil damages.
  • Civil Liability: The statute explicitly allows victims to sue the offender for damages (money) in civil court, separate from the criminal case.

Pecuniary Gain (§ 18-7-108): If a person posts the image for profit (e.g., selling it to a website), it is a separate offense, Posting a private image for pecuniary gain, which can carry stiffer financial penalties.

Sex Offender Registration

One of the most critical aspects of Colorado’s sexting laws is the registration requirement.

  • Juveniles (§ 18-7-109): Convictions for “posting, possession, or exchange” under the specific juvenile statute typically do not require sex offender registration. This is designed to prevent a teenage mistake from branding a child for life.
  • Adults (§ 18-6-403): Convictions for Sexual Exploitation of a Child (child pornography) always require registration as a sex offender. This involves being listed on a public database, restrictions on where you can live, and regular check-ins with law enforcement.

Long-Term Consequences

Even if a teen avoids jail time and registration, a sexting incident can have lasting ripples:

School Discipline

Schools often have their own “zero tolerance” policies. If the sexting occurred on school grounds, during school hours, or using school devices (WiFi/iPads), the student may face:

  • Suspension or expulsion.
  • Removal from sports teams or extracurricular activities.
  • Notes on their permanent disciplinary record.

Digital Footprint

Once an image is sent, control is lost. It can be:

  • Screenshotted and shared locally.
  • Uploaded to “revenge porn” sites.
  • Recovered by data scraping bots.

This can impact future college admissions, scholarship opportunities, and employment background checks.

Frequently Asked Questions

Is it a crime if I took the photo of myself?

No, taking a nude photo of yourself is not a crime. However, sending it to someone else (if you are a minor) technically constitutes “exchange” under § 18-7-109. If you are an adult sending it to a minor, you are committing a felony.

What if my boyfriend/girlfriend asked for the photo?

Consent is not a defense to the charge of possession/distribution of child exploitation material for adults. For minors, mutual consent moves the offense into the lower “Tier 1” category of § 18-7-109 (civil citation), but it is still technically a violation of the statute.

Can parents be charged if they find the photos on their kid’s phone?

Generally, no. Parents who discover images and take steps to discipline their child or report it to authorities are not prosecuted. However, parents should never forward or “save” the images as evidence by emailing them to themselves, as this constitutes distribution. Hand the phone directly to law enforcement if reporting is necessary.

Does Colorado have a “Romeo and Juliet” law?

Colorado does not have a single “Romeo and Juliet” statute. Instead, it has “close in age” exceptions for certain sexual acts and the specific framework of § 18-7-109 for sexting, which essentially acts as a Romeo and Juliet provision by reducing penalties for consensual teen conduct.

Can I be charged for a deepfake?

Yes. Under the 2025 updates (SB 25-288), creating or distributing a realistic AI-generated nude image of someone without their consent is a crime under the revenge porn statutes (§ 18-7-107), punishable by jail time and fines.

What if I just looked at the photo but didn’t save it?

Technically, “viewing” with intent can be a crime under the child exploitation statute § 18-6-403. However, under the juvenile statute § 18-7-109, the focus is on “possession, exchange, or posting.” Merely receiving an unsolicited image and immediately deleting it is generally a defense.

What to Do If Charged

If you or your child is contacted by police regarding sexting:

Do:

  • Remain Silent: Politely decline to answer questions until you have a lawyer.
  • Hire an Attorney: Find a criminal defense lawyer experienced in Colorado juvenile law.
  • Preserve Evidence: Do not delete everything immediately if an investigation has started (this can be “Tampering with Physical Evidence”), but do not share it further. Ask your lawyer for guidance on how to handle the device.

Do Not:

  • Do Not Talk to Police: “Just clearing things up” often leads to a confession.
  • Do Not Contact the Other Party: This can be seen as witness tampering or harassment.
  • Do Not Post About It: Keep the matter off social media completely.

Resources

Legal & State Resources

Support & Education

This article provides general legal information about Colorado sexting laws as of February 2026. Laws change frequently, and this information should not be considered legal advice. If you are facing charges, consult with a qualified Colorado criminal defense attorney immediately.

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