Misconception Debunked: Prostitution is Not Legal in Colorado

Colorado Prostitution Laws: Understanding CRS 18-7-201

According to SCLG, under the Colorado Revised Statute (CRS) 18-7-201, prostitution involves performing, offering, or agreeing to perform specific acts with another person (not your spouse) in exchange for money or another item of value [1].

These acts include:

• Sexual intercourse: Inserting the penis into the vagina.
• Fellatio: Any act of oral stimulation of the penis.
• Cunnilingus: Any act of oral stimulation of the vulva or clitoris.
• Masturbation: Stimulation of the genital organs by manual or other bodily contact, exclusive of sexual intercourse.
• Anal intercourse: Contact between the genital organs of one person and the anus of another.

Consensual Sexual Activity Laws in Colorado

According to FindLaw, Colorado, like most states, prohibits prostitution, public indecency, and indecent exposure. Certain consensual sexual activities may also be prosecuted under the state’s disorderly conduct statutes [2].

These laws outlaw everything from flashing and public sex to even non-public nudity if the person intends to be seen by other people who have not consented. There are also extensive statutes covering scenarios for HIV testing as well as harsh penalties for knowingly exposing others to the virus

Key Points of Colorado’s Sexual Activity Laws

• Sodomy Laws: Not applicable.
• HIV Exposure and Compelled Testing: Under Colorado Revised Statutes Section 18-3-415, defendants arraigned for any sexual offense involving penetration must undergo STI/STD testing if ordered by the court.

Indecent Exposure & Related Offenses

• Public Indecency and Lewdness: Under Colorado Revised Statutes Section 18-7-301, these are classified as petty offenses.
• Indecent Exposure: As per Colorado Revised Statutes Section 18-7-302, this is treated as a class 1 misdemeanor, escalating to a class 6 felony after two prior convictions.
• Disorderly Conduct: Colorado Revised Statutes Section 18-9-106 categorizes disorderly conduct, including offensive gestures and displays in public, as petty offenses. During a funeral, it becomes a class 2 misdemeanor.

Prostitution & Related Offenses

• Prostitution: Engaging in prostitution is a crime under Colorado Revised Statutes Section 18-7-201 and is treated as a petty offense.
• Solicitation of Prostitutes: According to Colorado Revised Statutes Section 18-7-202, this offense is a class 3 misdemeanor.
• Age of Consent: The age of consent in Colorado is 17. Engaging in sexual activity with someone below this age is referred to as statutory rape.

These statutes aim to regulate and penalize inappropriate sexual behavior, ensuring public decency and safety.

Penalties for Prostitution in Colorado

Prostitution: Engaging in vaginal, oral, or anal sex, or masturbation with someone other than your spouse in exchange for money or valuables is illegal.

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 sexual contact with a prostitute or entering a place of prostitution with intent is illegal. This offense is a Class 1 Petty Offense, punishable by a $50-$750 fine and up to 6 months in jail.

With two or more prior offenses, it becomes a Class 1 Misdemeanor, with penalties including 6-18 months in jail and a $500-$5,000 fine. Patronizing a prostitute while knowing you are HIV positive is a Class 6 Felony, with penalties ranging from 1 year to 18 months in prison and a $1,000-$100,000 fine.

Prostitute Making Display: Promoting prostitution in any public place is a Class 1 Petty Offense, carrying the same penalties as other petty offenses.

Soliciting for Prostitution: Soliciting or arranging meetings for prostitution, or directing someone to a place of prostitution, is a Class 3 Misdemeanor. Fines can reach up to $5,000, in addition to the regular penalties, with funds allocated to the prostitution enforcement fund. Solicitation involving a child is a Class 3 Felony, with penalties of 4-12 years in prison and a $3,000-$750,000 fine.

Pandering: Coercing someone into prostitution or arranging prostitution is a Class 5 Felony. Forcing a child into prostitution or arranging child prostitution is a Class 2 Felony, punishable by 16-48 years in prison.

Inducement of Child Prostitution: Inducing a child into prostitution is a Class 3 Felony with an increased sentencing range.

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

Pimping: Profiting from another person’s prostitution is a Class 3 Felony, regardless of the person’s age.

Keeping a Place of Prostitution: Managing a location used for prostitution is a Class 2 Misdemeanor, with penalties of 3-12 months in jail and a $250-$1,000 fine. If the location is used for child prostitution, it is a Class 3 Felony.

AIDS Testing: Individuals convicted of prostitution or patronizing a prostitute must undergo HIV/AIDS testing.

Sex Offender Registry: Convictions involving child prostitution require lifetime registration as a sex offender in Colorado.

Defense Strategies for Colorado Prostitution Charges

There are several potential defense strategies against charges of solicitation of prostitution.

Our criminal defense lawyers might argue:

• Lack of Probable Cause: The police did not have sufficient probable cause to arrest you.
• False Accusation: You were falsely accused of the crime.
• Misunderstanding: Your words or actions were misunderstood, and you never intended to arrange a meeting for prostitution.
• Misidentification: You were wrongly identified, such as being incorrectly chosen from a lineup.
• Entrapment: You were not predisposed to soliciting prostitution, and the police enticed you into committing the offense.

Typical evidence in solicitation cases includes eyewitness accounts, surveillance video, undercover audio recordings, motel/hotel reservation records, text messages, voicemails, and GPS records.

Related Articles:

• What are the 3 Elements of Prostitution?
• Is It Illegal to Have Sex in a Car?
• Statute of Limitations on Sexual Assault

See all related sexual abuse lawsuits our attorneys covered so far.

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References:
1. https://www.findlaw.com/state/colorado-law/colorado-prostitution-and-solicitation-laws.html
2. https://www.shouselaw.com/co/defense/laws/prostitution/