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18-7-901. Unlawful distribution of a suicide recording - definitions - Lil Von Mercados law


(1) A person commits the offense of posting an image of suicide of a minor if the person intentionally posts or distributes through the use of social media or any website, or disseminates through other means, an image of a minor attempting suicide, dying by suicide, or having died by suicide, with the intent to harass, intimidate, or coerce any person, and the posting or distribution results in serious emotional distress to any person.

(2) Posting an image of suicide as described in subsection (1) of this section of a minor is a civil infraction and is punishable by a penalty of one hundred dollars per violation; except that posting an image of suicide of a minor is a class 3 misdemeanor if the person was the first or original person to post, distribute, or disseminate the image.

(3) For purposes of this section, unless the context otherwise requires:

(a) Image means a photograph, film, videotape, recording, digital file, or other reproduction.

(b) Social media means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content, including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.

(4) It is not an offense under this section if the posting or distribution of the image is a fictional work or a documentary; or is related to a matter of public interest or public concern; or related to the reporting of unlawful conduct; or the lawful and common practices of law enforcement, criminal reporting, legal proceedings, or medical treatment.

(5) This section is known as and may be cited as Lil Von Mercados Law.


Source: L. 2019: Entire part added, (HB 19-1334), ch. 388, p. 3455, 1, effective August 2.


Editors note: This title was numbered as chapter 40, C.R.S. 1963. The substantive provisions of this title were repealed and reenacted in 1971, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this title prior to 1971, consult the Colorado statutory research explanatory note beginning on page vii in the front of this volume. For a detailed comparison of this title, see the comparative tables located in the back of the index.

Editors note: This title was repealed and reenacted in 1971. For historical information concerning the repeal and reenactment, see the editors note following the title heading.


Article 8. Offenses - Governmental Operations

Part 1. Obstruction of Public Justice

Part 2. Escape and Offenses Relating to Custody

Part 3. Bribery and Corrupt Influences

Part 4. Abuse of Public Office

Part 5. Perjury and Related Offenses

Part 6. Offenses Relating to Judicial and Other Proceedings

Part 7. Victims and Witnesses Protection

Part 8. Offenses Relating to Use of Force by Peace Officers

Part 1. Obstruction of Public Justice

18-8-101. Definitions

18-8-102. Obstructing government operations

18-8-103. Resisting arrest

18-8-104. Obstructing a peace officer, firefighter, emergency medical service provider, rescue specialist, or volunteer

18-8-105. Accessory to crime

18-8-106. Refusal to permit inspections

18-8-107. Refusing to aid a peace officer

18-8-108. Compounding

18-8-109. Concealing death

18-8-110. False report of explosives, weapons, or harmful substances

18-8-111. False reporting to authorities - false reporting of emergency - definition

18-8-112. Impersonating a peace officer

18-8-113. Impersonating a public servant

18-8-114. Abuse of public records

18-8-115. Duty to report a crime - liability for disclosure

18-8-116. Disarming a peace officer

18-8-117. Unlawful sale of publicly provided services or appointments - definitions