Is prostitution legal anywhere in Colorado? Many people have misconceptions about the legality of prostitution, especially when it comes to larger cities like Denver. The truth is really simple and not so complicated: prostitution is illegal throughout Colorado, and that includes Denver too. This blog will break down the prostitution laws in Colorado, discuss various offenses tied to prostitution, the penalties involved, and important considerations such as legal defenses and long-term consequences.
The Core Law: Colorado Revised Statute § 18-7-201 (Prostitution Prohibited)
Definition of Prostitution
Under Colorado law, prostitution involves exchanging sexual acts for something of value, which could include money, goods, or services. Specific acts mentioned in the law include:
- Sexual intercourse
- Fellatio and cunnilingus
- Masturbation
- Anal intercourse
Importantly, even offering or agreeing to engage in a sexual act in exchange for value—whether or not the act takes place—is enough to be considered a violation of the law.
Classification and Penalties for Prostitution
Prostitution itself is usually considered as an obscene thing in Colorado. Penalties may include:
- A fine up to $300
- Jail time up to 10 days
Some jurisdictions may also allow diversion programs for first-time offenders, which, if completed successfully, can prevent a conviction from appearing on one’s record.
Related Prostitution Offenses and Penalties
Several related offenses exist under Colorado law, each carrying its own penalties.
Soliciting for Prostitution – CRS 18-7-202
Solicitation involves encouraging or attempting to arrange a meeting for prostitution purposes. Like prostitution itself, it is a petty offense but may also include:
- Additional fines up to $5,000 directed toward law enforcement funds.
Patronizing a Prostitute – CRS 18-7-205
This offense applies to individuals who engage in sexual activity with a prostitute or even enter a location with the intent to do so. Penalties are typically the same as solicitation.
Keeping a Place of Prostitution (CRS 18-7-20)
Managing a prostitution-related establishment may result in more criminal charges. If someone knowingly permits such use, they may face:
- A Class 2 misdemeanor
- Up to $750 fine and/or 120 days in jail
Pimping – CRS 18-7-206
Pimping refers to someone who lives off the revenues of prostitution, sometimes by manipulating or profiting from the actions of others. This is a serious charge:
- Class 3 felony
- Potential prison time and significant fines
Pandering – CRS 18-7-203
Pandering involves inducing or arranging someone to engage in prostitution. Depending on whether force or threats were involved, this can range from:
- Class 2 misdemeanor to
- Class 5 felony
Prostitutes Making Display – CRS 18-7-207
This covers situations where someone publicly promotes or displays themselves to further prostitution.
Special Considerations and Aggravating Factors
Involvement of Minors
If a minor is involved in any prostitution-related offense:
- Charges become felonies with mandatory prison sentences
- Defendants may be obliged to register as sexual offenders.
HIV/AIDS Testing
Anyone convicted of prostitution or patronizing is legally required to undergo HIV testing.
Human Trafficking and Affirmative Defense
Victims of human trafficking who are forced into prostitution may have a valid affirmative defense against charges. Courts are becoming more alert to indicators of coercion and abuse.
Denver-Specific Ordinances
Although state laws take the lead, municipalities like Denver may have similar or slightly stricter ordinances. These often mirror state laws in wording and penalty, but it’s possible to be charged under city codes depending on how and where the offense occurred.
Potential Consequences Beyond Fines and Jail
Criminal Record
Even a petty offense can result in a permanent criminal record, which may affect:
- Employment opportunities
- Housing applications
- Ability to obtain or keep professional licenses
Immigration Consequences
For non-citizens, prostitution-related offenses may be considered crimes involving moral turpitude (CIMT) and could lead to:
- Deportation or removal proceedings
- Ineligibility for visas or permanent residency
Sex Offender Registry
While not common for petty offenses, offenses involving minors will generally result in mandatory registration as a sex offender.
Legal Defense Considerations
Common Defenses
Some of the defenses that may be raised in prostitution-related cases include:
- No actual exchange of sex for value occurred
- False accusation or fabricated evidence
- Misidentification by law enforcement or witness
- Entrapment, where law enforcement improperly induced the offense
- Human trafficking, where the person charged is actually a victim
Importance of Legal Representation
Facing charges under prostitution laws in Colorado can lead to significant consequences. It’s important to seek legal representation to understand your rights and build a strong defense.
Conclusion
Understanding prostitution laws in Colorado is important for anyone living in or visiting the state. While some may think these laws only apply to certain people or situations, the truth is that Colorado treats all prostitution-related offenses seriously. Whether it’s solicitation, patronizing, or pimping, the legal system has specific penalties that can impact a person’s future in many ways. For those facing such charges, knowing the law is only the first step—getting help to navigate the legal process is just as important. Contact the Dawson Law Office to learn more!