In 2025, Colorado enacted a law prohibiting the creation of sexually explicit digital depictions of real children using artificial intelligence. This legislation passed with broad bipartisan backing.
While the law successfully banned the creation of such content, a claim circulating on social media suggests that 17 Republicans voted against its passage. This assertion is inaccurate. Thirteen Republicans, not 17, voted against the bill, which was sponsored by two Democrats and one Republican. The bill was passed in 2025, not 2026.
Concerns raised by lawmakers who opposed the bill included a perceived rush to pass complex legislation without adequate review, potential implications for internet censorship, and provisions that shielded AI technology companies from civil liability.
It is possible that the claim of 17 Republican votes against the law stemmed from confusion with the voting records of a different 2024 Colorado bill that addressed deepfakes and online safety regulations. This earlier bill, while having some Republican opposition, did not specifically target AI-generated child exploitation content. Another 2026 Colorado law limited AI chatbot interactions with children, including safeguards against explicit content, but did not directly address AI-generated child pornography.
The Colorado law, identified as SB25-288, specifically criminalizes the creation of AI-generated explicit content depicting an “identifiable” child. This means the depiction must include recognizable features like a face, likeness, or distinguishing marks that allow for the identification of a real child. The law does not criminalize the creation of AI-generated explicit content of children who are entirely fictional and not identifiable as real individuals.
The opposition to the initial version of SB25-288, which would have banned all AI-generated explicit child content, included arguments from civil liberties organizations and public defenders. They raised concerns about the practicality and ethical implications of criminalizing content not linked to real individuals and the difficulty of defining age parameters in such cases. Ultimately, the bill was amended to focus on identifiable children.
Debates surrounding the bill also highlighted concerns from some Democrats regarding the lack of accountability for AI software developers, as the legislation included language exempting technology providers from civil liability when their tools were used to create prohibited content. Both Democrats and Republicans expressed a desire for more time to thoroughly review and refine the bill.
The misinformation about the vote count and the year of passage distorts the legislative process and the specific details of Colorado’s efforts to combat AI-generated child exploitation. It is important to note that opposition to a particular bill does not necessarily signify opposition to its overarching goals. The lawmakers who voted against these bills did not publicly state opposition to the general concept of banning AI-generated child exploitation, but rather raised objections to specific elements or the legislative process itself.
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