CRS 18-7-207 – Prostitutes Making Display – Colorado Law

CRS 18-7-207 is the Colorado statute that defines the crime of prostitute making display. The law says that “Any person who by word, gesture, or action endeavors to further the practice of prostitution in any public place or within public view commits a class 1 petty offense.”

Below, our Colorado criminal defense lawyers discuss the following frequently asked questions:

• 1. What is the crime of prostitute making display in Colorado?
• 2. What does it mean to “make a display”?
• 3. What are the penalties?
• 4. How can I defend my case?
• 5. Related Offenses

1. What is the crime of prostitute making display in Colorado?

Under C.R.S. 18-7-207, a person commits the crime of prostitute making display when that person commits an act that encourages or attempts to further the practice of prostitution in any public place. ¹ The law states:

Any person who by word, gesture, or action endeavors to further the practice of prostitution in any public place or within public view commits a petty offense.

The actual conduct that may be included under this law is broad, meaning many types of actions may be considered criminal conduct.

What is prostitution?

A person commits the crime of prostitution when he or she:

• performs, offers, or agrees to perform;
• any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse;
• with any person not his or her spouse;
• in exchange for money or other thing of value. ²

Any act that encourages prostitution is not permitted under the law.

2. What does it mean to “make a display”?

An act that constitutes “making a display” that endeavors to further the practice of prostitution ranges widely. Colorado law states that a person may not promote prostitution by:

• word,
• gesture, or
• action. ³

With this wording, the type of conduct which may be included in this law is extremely broad. It may include the following conduct but is not limited to it:

• offering prostitution services by speaking an offer to engage in any sexual practice for money;
• waving at a car or potential “client” in order to encourage prostitution;
• publicly advertising sexual services for money;
• using lewd gestures to imitate offered sexual acts; or
• displaying nudity or partial nudity in a manner which was intended to promote prostitution.

Because the conduct varies so widely, there may be conduct that is charged under this law that does not properly apply. If that is the case, an experienced Colorado criminal defense lawyer can defend the case.

3. What are the penalties?

The charge of prostitute making display is a petty offense. It carries the potential for up to:

• a maximum of 10 days in jail; and/or
• a maximum of $300 in fines. ⁴

Not only does a person convicted of the offense face these penalties, but he or she also faces:

• a prostitution crime on his or her record;
• possible difficulty gaining or maintaining employment; or
• inability to get certain licenses that require a criminal background check (e.g. teachers).

4. How can I defend my case?

Prostitute making display crimes are often improperly charged, or may be in addition to a separate prostitution charge. A criminal defense attorney can:

• argue that the nature of the conduct that occurred does not fit the law;
• present reasonable doubt to the jury;
• negotiate a plea agreement that reduces the charges; or
• exclude any evidence improperly obtained.

A good defense may result in a reduction or dismissal of the charges against you. Never assume you are guilty simply because you are charged with a crime.

5. Related Offenses

Prostitute making display is an offense that is often related to other prostitution and solicitation offense. These offenses can include but are not limited to prostitution, soliciting, patronizing a prostitute, keeping a place of prostitution, and keeping a place of child prostitution.

Prostitution 18-7-201 C.R.S.

Prostitution is a petty offense.⁵ It is illegal according to section 18-7-201 C.R.S., which explains:

Any person who performs or offers or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not his spouse in exchange for money or other thing of value commits prostitution.

Acts of prostitution can include:

• fellatio
• cunnilingus
• masturbation, and
• anal intercourse.

Soliciting for Prostitution 18-7-202 C.R.S.

Soliciting for prostitution is a petty offense.⁶ It is illegal according to section 18-7-202 C.R.S., and is committed when a person:

(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.

Patronizing a Prostitute 18-7-205 C.R.S.

Patronizing a prostitute is a petty offense.⁷ According to section 18-7-205 C.R.S., a person patronizes a prostitute when he or she performs any of the following acts with a person who is no this or her spouse:

(a) Engages in an act of sexual intercourse or of deviate sexual conduct with a prostitute; or

(b) Enters or remains in a place of prostitution with intent to engage in an act of sexual intercourse or deviate sexual conduct.

Keeping a Place of Prostitution 18-7-204 C.R.S.

Keeping a place of prostitution, also known as operating a whorehouse, is a Class 2 Misdemeanor.⁸ The offense refers to:

Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who performs any one or more of the following commits keeping a place of prostitution if he:

(a) Knowingly grants or permits the use of such place for the purpose of prostitution; or

(b) Permits the continued use of such place for the purpose of prostitution after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution.

Keeping a Place of Child Prostitution 18-7-404 C.R.S.

Keeping a place of child prostitution is a class 3 felony. Section 18-7-404 C.R.S. states that:

Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who performs any one or more of the following commits keeping a place of child prostitution if he:

(a) Knowingly grants or permits the use of such place for the purpose of prostitution of a child or by a child; or

(b) Permits the continued use of such place for the purpose of prostitution of a child or by a child after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of such prostitution.

For purposes of 18-7-404 C.R.S., a child is anyone under the age of 18.⁹

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