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Bill > HB1049


CO HB1049

CO HB1049
Prohibit Use of Personally Identifying Feature


summary

Introduced
01/14/2026
In Committee
01/14/2026
Crossed Over
Passed
Dead
02/12/2026

Introduced Session

Potential new amendment
2026 Regular Session

Bill Summary

The bill criminalizes the use of an individual's fingerprint, voiceprint, retina, iris, or facial map (personally identifying feature) in an advertisement, deepfake, image, video, voice recording, or other digital depiction, without the individual's permission (unlawful use of a personally identifying feature). Unlawful use of a personally identifying feature is a class 5 felony, and unlawful use of a personally identifying feature with the intent to harm the individual or another individual is a class 4 felony. An individual harmed by an unlawful use of a personally identifying feature may bring a civil cause of action and collect damages and reasonable attorney fees.

AI Summary

This bill prohibits the unauthorized use of an individual's unique biological characteristics, such as fingerprints, voiceprints, or facial maps, in advertisements, deepfakes (digitally manipulated media that falsely depict someone saying or doing something), images, videos, voice recordings, or any other digital depiction, making such "unlawful use of a personally identifying feature" a felony. Specifically, using these features without permission is a class 5 felony, and doing so with the intent to harm the individual is a more serious class 4 felony. Individuals harmed by this unauthorized use can sue for damages and attorney fees, with any amount of damages being recoverable. The bill includes exceptions for certain public safety activities like criminal investigations, reporting criminal conduct, official government actions, and uses related to news, public affairs, sports, commentary, criticism, scholarship, satire, parody, fleeting or incidental uses, advertisements for protected works, and any other activity protected by the First Amendment of the U.S. Constitution.

Committee Categories

Military Affairs and Security

Sponsors (2)

Last Action

House Committee on State, Civic, Military, & Veterans Affairs Postpone Indefinitely (on 02/12/2026)

bill text


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