From In the Interest of Juvenile: S.G.H., decided yesterday by the Colorado Supreme Court, written by Justice Carlos A. Samour, Jr.:
S.G.H., a young teenager, … is accused of using a generative-AI tool to blend authentic images of three classmates’ actual faces and clothed bodies with computer-generated images portraying naked intimate body parts to make it appear as though the classmates are nude….
Every state has laws prohibiting the nonconsensual distribution of authentic intimate images, and the federal government recently enacted a similar measure. But “few laws in the United States” specifically protect minors from exploitation through the use of generative AI tools, and many current statutes do not cover computer-generated explicit images that use real people’s faces. [The court doesn’t mention the federal TAKE IT DOWN Act, enacted in May 2025, which broadly bans nonconsensual deepfake porn. -EV] …
Colorado is among those states that have been slow off the mark to address the use of explicit images created with generative AI. To our legislature’s credit, it recently stepped up and bridged the generative-AI gap that existed in the relevant statutes. But that was after S.G.H. had been charged in this case with six counts of sexual exploitation of a child (two counts for each victim), so any recent legislative amendments cannot serve as a lifeline for the People here.
The People nevertheless contend that they need no rescuing by the recent amendments because the law in effect on the dates of the charged offenses prohibited S.G.H.’s alleged conduct. According to the People, the amendments merely clarified that such conduct is prohibited. We disagree….
All six charges of sexual exploitation of a child (three charged pursuant to subsection (3)(b) and three charged pursuant to subsection (3)(b.5)) require proof of “sexually exploitative material.” … As of December 2023, when the offenses charged allegedly occurred, our legislature defined “sexually exploitative material” as…