During a recent House Judiciary meeting on May 3, 2025, Colorado lawmakers engaged in a critical discussion regarding amendments to legislation aimed at addressing the use of identifiable images of children in AI-generated content and deep fakes. The proposed changes focus on defining what constitutes an "identifiable child" in the context of these technologies, which has significant implications for child protection laws.

The key amendment discussed clarifies that an identifiable child is defined as anyone under the age of 18 at the time a realistic visual depiction of them is created or altered. This definition is crucial as it determines the legal framework for prosecuting cases involving AI-generated images or deep fakes that may exploit children's likenesses. Lawmakers emphasized the importance of ensuring that any image used in such contexts must allow for the identification of the child, whether through facial features or unique characteristics.

Representative Bacon raised concerns about distinguishing between AI-generated images and deep fakes, seeking clarity on whether the legislation applies to both scenarios. The committee confirmed that the amendments would focus solely on images that can be identified as belonging to a child, thus excluding completely fabricated images that lack identifiable features.

The discussion also touched on the implications of age progression in images. Lawmakers debated whether an image of a child that has been altered to appear older would still fall under the definition of an identifiable child. The consensus was that if the original image could be traced back to a child under 18, it could still be subject to prosecution, regardless of any manipulations made thereafter.

This legislative effort reflects a growing recognition of the challenges posed by emerging technologies in protecting children from exploitation. As the committee continues to refine the language of the bill, the focus remains on safeguarding minors while navigating the complexities of digital imagery and artificial intelligence. The next steps will involve further discussions and potential revisions to ensure the law effectively addresses these pressing issues.