Protecting Yourself From AI-Generated Intimate Images

AI tools can now readily change photos, such as in the one above, and can even create intimate images that, if shared with 3rd parties, can result in civil liability

The wonders of AI are endlessly touted, with benefits few can deny already reaching the market place. One such capability is that of rapidly creating images, an example of which is Google Gemini converting the photo of me in a suit to me wearing a t-shirt that says "Oops!" on it.

Gemini, and other tools, such as the X (formerly Twitter) AI platform, Grok, can also remove all of the clothing of a subject from a photograph. Gemini had no problem doing so with the example photograph, but I've spared you the result.

What if, however, someone else took a photo of mine, undressed me, and sent it to third parties? Or, what if an X user asks Grok to remove the clothing of a subject and that photo is then immediately published and left up on the social media platform?

Federally, beginning on May 19, 2026, the Federal Take It Down Act will go into effect. The law will provide victims some limited recourse. See https://en.wikipedia.org/wiki/TAKE_IT_DOWN_Act.

For those who live in Colorado, the Legislature recently created the Preventing Unauthorized Disclosure of Intimate Digital Depictions Act (C.R.S § 13–21–1501 to § 13–21–1507), with protections very similar to the Unauthorized Disclosure of Intimate Images Act (C.R.S. § 13–21–1401 to § 13–21–1409). Under the new law, victims of AI generated image disclosures may sue the distributor of intimate digital depictions if they were created and shared without the subject's consent.

In the law, “Intimate digital depiction” means a digital depiction that depicts:

(a) The intimate parts of a depicted individual;

(b) Sexual contact involving a depicted individual; or

(c) A depicted individual engaging in explicit sexual conduct.

§ 13-21-1502(10), C.R.S.

The rapid increase of AI capability to produce such images is already resulting in the appropriate shock and dismay of users on X, with many posting that they are seeking legal advice to protect themselves from these harmful activities.

If the distributor of such images lives in Colorado, the Unauthorized Disclosure of Intimate Digital Depictions Act has got victims covered. Victims may seek damages for emotional distress, attorney and legal expenses, with limits exceeding $150,000. Furthermore, a victim may seek punitive damages on top of the damages mentioned, meaning that defendants in such cases could be subject to hundreds of thousands of dollars in damages awarded to the victim-plaintiff.

If you are the victim of the disclosure of intimate images of yourself, whether from a photo of you exposing yourself that you did not consent to the distribution of, or from a digitally produced intimate image, Darren O'Connor Law can help you get justice. Not that long ago, I won a jury trial in which my client was awarded $100,000 in damages based on Colorado law protecting against such disclosures. Let me put my experience to work for you..