Is there legal prostitution anywhere in Colorado?

Legal definition of prostitution

Colorado law defines prostitution (C.R.S. 18-7-201) as any exchange of money (or thing of value) for either:

• sexual intercourse,
• fellatio,
• cunnilingus,
• masturbation, or
• anal intercourse. ¹

(Arguably, Colorado’s definition of prostitution does not prohibit the trading of money or things of value for other sexual acts such as touching one’s breasts or behind, analingus, or using an object to arouse.)

Note that merely soliciting or agreeing to prostitution is also a crime. In many of the cases I handle, no sex occurs and no money ever changes hands.

How to fight charges

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with sex crimes such as prostitution. In our experience, the following four defenses are very effective with prosecutors, judges, and juries.

1. There was no trade of money for sex. Perhaps money changed hands, but it was not in exchange for any sex acts.
2. You were falsely accused. Perhaps someone was trying to get you into trouble out of anger, revenge, or a misunderstanding.
3. You were falsely identified as the actual culprit. Misidentification is not unusual in criminal cases, especially when the alleged solicitation happens outside at night.
4. The police entrapped you. To catch solicitation in the act, police routinely set up stings where an officer goes undercover as a “john” or “hooker.” However, they are not allowed to unduly pressure you into committing an act of prostitution or solicitation when you were not predisposed to it.

All forms of prostitution are illegal in Colorado.

Prostitution Penalties

The criminal sentence for prostitution depends on the specific charge you are facing:

Note that prostitution becomes a felony carrying Colorado Prison time when children are involved.

Where has prostitution been decriminalized?

Licensed brothel prostitution is lawful in these ten rural Nevada counties:

1. Churchill County
2. Elko County (just in the incorporated communities of Carlin, Elko, Wells, and Wendover)
3. Esmeralda County
4. Humboldt County (just in the incorporated community of Winnemucca)
5. Lander County
6. Lyon County (just in Mound House, where Dennis Hof’s BunnyRanch is)
7. Mineral County
8. Nye County
9. Storey County (home of the Mustang Ranch)
10. White Pine County (only in the incorporated city of Ely)

Currently, no licensed brothels exist in Churchill, Esmeralda, or Humboldt.

Note that prostitution remains illegal in Clark County (including Las Vegas), Douglas County, Eureka County, Lincoln, Pershing County, Washoe County (including Reno), and Carson City.

See more in our article, Counties where prostitution is legal in Nevada.

Additional resources

If you are a sex worker or are escaping sex trafficking, you can find help here:

• GenerateHope Colorado – Faith-based organization offering long-term programs to women who have been sexually trafficked.
• TESSA – Provides a safehouse for women, children, and other victims escaping abuse.
• Sex Workers Anonymous – Hotline and meetings for survivors.
• Covered Colorado – Provides housing, counseling, and education for sex trafficking survivors.
• Sex Workers Outreach Project-USA – National social justice network focused on ending violence and stigma through education and advocacy.