HB 21-1069 Summary

• Expands the definition of "sexually exploitative material" to include livestreams and adds "sexual intrusion" as a form of explicit sexual conduct.

• Makes possession, access, or viewing of sexually exploitative material a Class 5 felony for each item (Class 4 if a second offense, video, or possession of more than 20 items).

• Designates sexual exploitation of a child as an extraordinary risk crime with enhanced sentencing when the material depicts children under 12, involving physical force/violence, or involving sexual intercourse or intrusion.

• Establishes a sexual exploitation of children surcharge fund through court fines ($2,000 for Class 3, $1,000 for Class 4, $500 for Class 5, $250 for Class 6 felonies) to fund the Colorado Bureau of Investigation's investigation and prosecution efforts.

• Allows adults with multiple convictions under section 18-6-403(3)(b.5) in a single case to petition for removal from the sex offender registry, with a three-year post-enactment review required.