HB 19-1334 Summary

• Creates "Lil' Von Mercado's Law" prohibiting intentional posting or distribution of images depicting a minor attempting, dying by, or having died by suicide through social media, websites, or other means with intent to harass, intimidate, or coerce, when such posting causes serious emotional distress.

• Establishes posting such images as a civil infraction punishable by $100 per violation, or a Class 3 misdemeanor if the person was the first or original person to post, distribute, or disseminate the image.

• Defines "image" as a photograph, film, videotape, recording, digital file, or other reproduction, and "social media" as any electronic medium allowing users to create and share user-generated content.

• Carves out exceptions for fictional works, documentaries, matters of public interest or concern, reporting of unlawful conduct, and lawful practices of law enforcement, criminal reporting, legal proceedings, or medical treatment.

• Takes effect August 2, 2019, unless a referendum petition is filed, in which case it takes effect only if approved by voters at the November 2020 general election.