Colorado Prostitution and Solicitation Laws

Colorado prohibits many prostitution-related crimes including solicitation (asking someone to engage in an illegal activity, like prostitution), patronizing prostitutes (buying sex), and pimping (someone who solicits customers for prostitutes). In addition, Colorado has an entire subchapter devoted to child prostitution, which is distinct from prostitution of adults.

Overview of Colorado Prostitution and Solicitation Laws

The following table outlines some of the many prostitution-related laws in Colorado.

Statutes

Colorado Revised Statutes Section 18-7-201 (prohibiting prostitution)

Colorado Revised Statutes Section 18-7-202 (soliciting for prostitution)

Colorado Revised Statutes Section 18-7-206 (pimping)

Colorado Revised Statutes Section 18-7-402 (soliciting for child prostitution)

Colorado Revised Statutes Section 18-7-405 (pimping of a child)

Colorado Revised Statutes Section 18-7-406 (patronizing a prostituted child)

Prohibitions and Penalties

Prostitution: Performing, offering, or agreeing to vaginal, oral, or anal sex, or masturbation with a person other than your spouse for money or anything of value.

This is a Class 3 Misdemeanor punishable by up to 6 months in jail and a $50-750 fine. It increases to a Class 5 Felony if you agree to prostitution knowing you are HIV positive. A Class 5 felony is punished by up to 3 years in prison and a $1,000-$100,000 fine.

Patronizing a Prostitute: Having sex or sexual contact with a prostitute (not your spouse) or entering a place of prostitution with the intent to use the services of a prostitute.

This is a Class 1 Petty Offense punished by a $50-750 fine and up to 6 months in jail. It’s a Class 1 Misdemeanor if you have two or more prior offenses, punished by 6-18 months in jail and a $500-$5,000 fine. Patronizing a prostitute with knowledge you’re HIV positive is a Class 6 felony, penalized by 1 year to 18 months in prison and a $1,000 to $100,000 fine.

Prostitute Making Display: Furthering the practice of prostitution in any public place. This is a Class 1 Petty Offense, punished as stated above.

Soliciting for Prostitution: Soliciting another for prostitution, arranging meetings for prostitution, or directing another to a place of prostitution. Also illegal if done for a prostituted child.

This is a Class 3 Misdemeanor, in addition to the regular $50-$750 fine, a fine of up to $5,000 may be ordered, with those monies going to the prostitution enforcement fund. Solicitation of a child is a Class 3 felony punished by 4-12 years and a $3,000-$750,000 fine.

Pandering: Intimidating a person into prostitution or knowingly arranging prostitution. Also intimidating a child into prostitution or arrange for child prostitution is prohibited.

This is a Class 5 Felony, punished as stated above. Arranging a meeting for prostitution is a Class 3 Misdemeanor, but arranging for child prostitution is a Class 3 Felony. In addition, intimidating a child into prostitution is a Class 2 Felony which is the highest prostitution-related penalty punishable by 16-48 years, due to the doubling of the minimum and maximums for the child victims and violence involved.

Inducement of Child Prostitution: Inducing a child into prostitution by words or actions (other than the criminal intimidating of pandering). This is a Class 3 Felony with an increased presumptive sentencing range.

Procurement of a Child for Prostitution: Intentionally transporting or providing a child for purposes of prostitution. This is a Class 3 Felony.

Pimping: Knowingly being supported by the earnings of another person’s prostitution whether an adult or child. Whether pimping of adults or children, it’s still a Class 3 Felony.

Keeping a Place of Prostitution: Exercising control over a place use for prostitution, granting use of a place for prostitution, or permitting continued use of a place for prostitution once aware that’s how it’s being used. Also if done for child prostitution. Typically, this is a Class 2 Misdemeanor punished by 3-12 months in jail and a fine of $250-$1,000. However, if the place of prostitution is for prostituted children, it’s a Class 3 Felony.

AIDS Testing: Persons convicted of prostitution or patronizing a prostitute will be ordered to be tested for HIV/AIDS.

Sex Offender Registry: If convicted of any of the child prostitution laws, you’ll be required to register as a sex offender for life in Colorado.

Possible Defenses

It’s NOT a defense to a child prostitution charge that a defendant didn’t know the child’s age or reasonably believed the child to be 18 years or older.

Being a victim of human trafficking is an affirmative defense to prostitution.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources for Colorado Prostitution and Solicitation Laws

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