CRS § 18-7-202 – Soliciting a Prostitute – Colorado Law

CRS § 18-7-202 is the Colorado law that prohibits soliciting for prostitution, which is arranging a meeting for the purpose of trading sex acts for money. Soliciting for prostitution is a petty offense carrying up to 10 days jail and/or up to $300 in fines plus a possible extra fine of up to $5,000.

CRS 18-7-202 states:

(1) A person commits soliciting for prostitution if he:
(a) Solicits another for the purpose of prostitution; or
(b) Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or
(c) Directs another to a place knowing such direction is for the purpose of prostitution.

(2) Soliciting for prostitution is a petty offense. A person who is convicted of soliciting for prostitution may be required to pay a fine of not more than five thousand dollars in addition to any penalty imposed by the court pursuant to section 18-1.3-501, which additional fine shall be transferred to the state treasurer, who shall transfer the same to the prostitution enforcement cash fund created in section 24-33.5-513, C.R.S.

In this article, our Colorado criminal defense attorneys discuss:

• 1. What is soliciting prostitution under CRS 18-7-202?
• 2. How is solicitation different from patronizing prostitution?
• 3. What are the Colorado penalties for soliciting prostitution?
• 4. How can I fight the charges?
• 5. Can immigrants be deported?
• 6. Can the record be sealed?
• 7. Related sex crimes

1. What is soliciting prostitution under CRS 18-7-202?

Colorado defines soliciting for prostitution as arranging – or offering to arrange – a meeting of people for the purpose of trading sex acts for a fee. Soliciting also comprises directing another person to a location for the purpose of engaging in prostitution.¹ 

Soliciting prostitution is a petty offense in Colorado.

2. How is solicitation different from patronizing prostitution?

Patronizing prostitution (CRS 18-7-205) is defined as either:

• engaging in an act of sexual intercourse or of deviate sexual conduct with a prostitute; or
• entering or remaining in a place of prostitution intending to engage in an act of sexual intercourse or deviate sexual conduct.²

Therefore, soliciting is about planning for prostitution to happen. Patronizing is more about engaging in prostitution itself.

3. What are the Colorado penalties for soliciting prostitution?

As a Colorado petty offense, soliciting for prostitution is punishable by:

• Up to 10 days in jail and/or
• Up to $300 in fines.

In addition, the judge may impose a second fine of up to $5,000.³

Though solicitation of a child for prostitution (CRS 18-7-402) is a class 3 felony. It carries:

•  A mandatory Colorado State Prison sentence of 4 to 12 years,
• $3,000 to $750,000 in fines (at the court’s discretion), and
• Sex offender registration.⁴

Note that patronizing prostitution is prosecuted as a petty offense carrying up to 10 days in jail and/or up to $300 in fines.⁵

4. How can I fight the charges?

There are many possible defense strategies to charges of solicitation of prostitution. Depending on the case, our criminal defense lawyers may be able to argue either:

1. The police lacked probable cause to arrest you.
2. You were falsely accused.
3. You never arranged a meeting for the purpose of prostitution, and your words or actions were misunderstood.
4. You were the victim of misidentification (such as being wrongly chosen from a lineup).
5. You were not predisposed to soliciting prostitution, and the police entrapped you.

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

Violating CRS 18-7-202 carries up to 10 days in jail and/or up to $300 in fines. Though soliciting a child carries mandatory prison.

5. Can immigrants be deported?

Prostitution is a crime of moral turpitude, so non-citizens could face deportation upon conviction.⁶ Learn more about the criminal defense of immigrants.

6. Can the record be sealed?

Yes. Colorado convictions for soliciting prostitution can be sealed two years after the case ends. If the case gets dismissed, there is no waiting period to petition for a record seal.⁷

Learn how to seal criminal records in Colorado.

7. Related sex crimes

• Sexual assault (CRS 18-3-402)
• Indecent exposure (CRS 18-7-302)
• Soliciting child prostitution (CRS 18-7-402)
• Patronizing a prostituted child (CRS 18-7-406)
• Pimping of a child (CRS 18-7-405)
• Prostitutes making display in a public place (CRS 18-7-207)
• Unlawful sexual contact (CRS 18-3-404)
• Sexual exploitation of a child (CRS 18-6-403)
• Human trafficking (CRS 18-3-503)
• Keeping a place of prostitution (CRS 18-7-204)

Legal References