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    A Guide to Colorado’s Prostitution & Solicitation Laws

    Colorado Revised Statute § 18-7-201 makes it a crime to commit prostitution, which is exchanging sexual acts for payment. Merely offering or agreeing to commit prostitution is illegal even if no sex took place and no payment changed hands.

    Prostitution is generally a petty offense, carrying up to $300 in fines and/or up to 10 days in jail. In some cases, the judge lets you complete a diversion program where your charge gets dismissed once you complete treatment.

    In this article, our Denver criminal defense attorneys focus on the charges that alleged sex workers face. If you are accused of being a customer (“john”), refer to our articles on soliciting prostitution and patronizing prostitution, which are also petty offenses. However, alleged pimps and panderers face far more serious charges.

    Click on a topic to jump directly to that section:

    prostitute on the street

    CRS 18-7-201 is the law that makes prostitution illegal in the state of Colorado

    1. Elements

    For you to be convicted of prostitution under Colorado Revised Statute 18-7-201, prosecutors must prove beyond a reasonable doubt the following three elements:

    1. You performed – or offered or agreed to perform – certain sex acts in exchange for money or something else of value; and
    2. Your customer was anyone other than your spouse; and
    3. The sex acts included either:
      • sexual intercourse,
      • fellatio,
      • cunnilingus,
      • masturbation, or
      • anal intercourse.1

    2. Defenses

    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 five defenses have proven very effective with prosecutors and judges:

    1. You did not offer sex acts listed in CRS 18-7-201.
    2. You did not ask for anything of value in exchange for sex.
    3. There was a misunderstanding where the “john” wrongly thought you were soliciting prostitution.
    4. The payment you received was for something other than the sex.
    5. You were entrapped by the police, such as during a sting operation.

    3. Penalties

    Prostitution in Colorado is a petty offense, carrying:

    • A fine of up to $300 and/or
    • Possible jail time of up to 10 days.

    Individual counties and cities (municipalities) may have their own prostitution ordinances and punishments, though they are usually similar to state law.

    Note that prostitution is considered a crime involving moral turpitude (CIMT). This means a conviction can keep you from getting a professional license. Plus, if you are a non-citizen, a conviction could lead to deportation.2

    young woman in jail

    A violation of CRS 18-7-201 can result in a fine and/or jail time.

    4. Diversion

    If your Colorado prostitution case did not involve children or weapons, judges may grant you diversion for a first-time offense.

    Diversion allows you to complete certain terms and conditions before criminal prosecution ensues. If you complete it successfully, the case will be dismissed, and you can petition the court to seal the arrest record. If you do not complete diversion, then you will be prosecuted.3

    5. Record Seals

    As a petty offense, prostitution convictions can be sealed one year after the case ends. However, you can petition the court for a seal immediately if the charge gets dismissed.4 Learn how to seal Colorado criminal records.

    6. Brothels

    Prostitution is not legal anywhere in Colorado, and there are no licensed brothels in Colorado. Prostitution that occurs in massage parlors is illegal. The only state currently home to licensed brothels is Nevada.

    KRDO out of Colorado Springs once reported that prostitution was practically legal in the Pikes Peak region.5 That assertion, however, is misleading and refers to a claim that the police do not actively investigate and crack down on prostitution in the region. Rather, they act only when there is a complaint of prostitution.

    7. Related Offenses

    The following table summarizes the elements and penalties of Colorado’s main prostitution crimes.

    Prostitution Offense
    		 Colorado Punishments
    Prostitution (CRS 18-7-201)

    • Performing – or offering or agreeing to perform – sex acts for something of value.
    		 Petty Offense:

    • a fine of up to $300 and/or
    • jail of up to 10 days.
    Solicitation (CRS 18-7-202)

    • Soliciting another person for prostitution; or
    • Arranging or offering to arrange a meeting for prostitution purposes; or
    • Directing another person to a place knowing that this instruction is for prostitution purposes.
    		 Petty Offense:

    • a fine of up to $300 and/or jail of up to 10 days and
    • a fine of up to $5,000 to be contributed to the State’s prostitution enforcement cash fund.
    Patronizing a Prostitute (CRS 18-7-205)

    • Engaging in an act of sexual intercourse or of deviate sexual conduct with a prostitute; or
    • Entering and/or remaining in a place of prostitution with the intent to engage in sexual intercourse or deviate sexual conduct.
    		 Petty Offense:

    • a fine of up to $300 and/or jail of up to 10 days and
    • a fine of up to $5,000 to be contributed to the State’s prostitution enforcement cash fund.
    Keeping a Place of Prostitution (CRS 18-7-204)

    1. Having or exercising control over a place that offers seclusion or shelter for the practice of prostitution; and
    2. Doing any one of the following:
      • knowingly granting or permitting the use of the place for prostitution purposes; or
      • permitting the place to be continually used for prostitution purposes even after you are aware of the fact or should reasonably know the same.
    		 Class 2 misdemeanor:

    • a fine of up to $750 and/or
    • jail of up to 120 days.
    Pimping (CRS 18-7-206)

    • Knowingly living on, being supported by, or being maintained in whole or in part by money or another thing of value earned, received, procured, or realized by another person through prostitution.
    		 Class 3 felony:

    • a fine between $3,000 and $750,000 and/or
    • state prison between 4 and 12 years.
    Pandering (CRS 18-7-203)

    • Taking money to arrange for someone to hire a prostitute.
    		 Class 2 misdemeanor:  up to $750 and/or 120 days in jail and an additional $5,000 to $10,000 fine.

    or

    Class 5 felony:  1 to 3 years in Prison and/or $1,00o to $100,000 and an additional $5,000 to $10,000 fine.
    Prostitutes Making Display (CRS 18-7-207)

    • Committing an act that encourages or attempts to further the practice of prostitution in any public place (such as waving at a car passing by to get the driver’s attention).
    		 Petty Offense:

    • a fine of up to $300 and/or
    • jail of up to 10 days.

    Also see our related articles on soliciting a child for prostitution, patronizing a prostituted child, or pimping a child.

    Note that it is no longer a crime to engage in prostitution if you know you have HIV (human immunodeficiency virus). Plus, if you are convicted of prostitution, you are no longer required to get tested for HIV.

    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.

    Legal References

    1. CRS 18-7-201. Prostitution prohibited. See also People v. Mason (Colo. 1982) 642 P.2d 8. Prior to March 1, 2022, prostitution was a class 3 misdemeanor carrying fines between $50 and $750 and/or jail up to 6 months for a first offense. SB21-271. See also People v. Price (Cal.App, 2023) 2023 COA 96; People v. Ross (2021) 479 P.3d 910.
    2. R & F Enters., Inc. v. Bd. of County Comm’rs, 199 Colo. 137, 606 P.2d 64 (1980). Brian C. Harms, Redefining “Crimes of Moral Turpitude”: A Proposal to Congress, 15 GEO. IMMIGR. L.J. 259, 264 (2001)(quoting BLACK’S LAW DICTIONARY 1008-09 (6th ed. 1990)); see also Smith, 420 F.2d at 431 (utilizing Black’s Law Dictionary to define moral turpitude). See for example, Department of Regulatory Agencies, Colorado Medical Board, Rule 380 – Reporting Requirements for Criminal Conviction.
    3. CRS 18-1.3-101.
    4. CRS 24-72.
    5. James Jarman. “Prostitution Practically Legal in Pikes Peak Region.” KRDO. Target 13. Last updated July 14, 2016.

     

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