You might think that hiring a prostitute should be like contracting any other professional in a fee-for-service transaction, but the truth is that being on either side of the transaction can carry serious legal consequences. You can face jail time, fines, or even registration as a sex offender. Under the Colorado Revised Statutes (C.R.S.), prostitution, solicitation, and many related acts are defined as crimes with serious penalties. Sometimes, it’s hard to understand the charges you are facing and their long-term consequences. If you are being charged with prostitution or solicitation of prostitution, talking to a lawyer can help clarify the possible outcomes and the best course of action.
M. Colin Bresee is an experienced Denver criminal defense attorney who has helped many people deal with charges of prostitution or solicitation, including beating the charges whenever possible. To learn how he can help with your case, please request a free consultation today.
Prostitution is illegal under Colorado state law. Prostitution is defined in C.R.S. § 18-7-201 as performing, agreeing to perform, or offering to perform any sexual act in exchange for anything of value—not just money. This does not apply if the participants are married, but it might be applied to people who are dating, living together, or simply “friends with benefits.”
Sexual acts that can be considered prostitution include:
- Sexual intercourse: contact between the genital organs of two people
- Fellatio: oral stimulation of the penis
- Cunnilingus: oral stimulation of the clitoris or vulva
- Masturbation: stimulation of genital organs with the hand or another body part (other than sexual intercourse)
- Anal intercourse: contact between the genital organs of one person and the anus of another
Prostitution is a petty offense. In addition to being the person who performs prostitution, many related acts are considered crimes under Colorado law.
Prostitution-Related Offenses Under Colorado Law
As we mentioned above, many offenses related to prostitution are also considered crimes. These include:
- Soliciting for Prostitution (C.R.S. § 18-7-202): This is when a person is a “john” in the casual sense. Soliciting or solicitation of prostitution includes not just asking a person for sexual acts in exchange for something of value, but also arranging for people to meet at a certain place for the purposes of prostitution. Solicitation is a petty offense. Soliciting for a prostitute online is also a crime.
- Pandering (C.R.S. § 18-7-203): Means either inducing someone to practice prostitution through menace or intimidation or setting up a situation where someone can practice prostitution. When menacing or intimidation is involved, it is a class 5 felony. In other situations, it is a class 2 misdemeanor.
- Keeping a Place of Prostitution (C.R.S. § 18-7-204): Means having a secluded place where people can practice prostitution. It is a crime if you do this knowingly, if you permit it after being made aware of the circumstances, or if you “should reasonably know” that the place is being used for prostitution. It is a class 2 misdemeanor.
- Patronizing a Prostitute (C.R.S. § 18-7-205): Means either performing “an act of sexual intercourse or of deviate sexual conduct” with a prostitute or going to a place or loitering there with the intent of the same. It’s a petty offense.
- Pimping (C.R.S. § 18-7-206): Means living on or being supported by money or other things of value gained through prostitution. It is a class 3 felony.
- Prostitute making display (C.R.S. § 18-7-207): Means making a word, gesture, or action in order to “further the practice of prostitution in any public place or within public view.” This is a petty offense.
These laws apply to all acts within the borders of Colorado, even if you are from out of state.
The Zone of Immunity
The zone of immunity is a relatively new law designed to allow safe reporting of crimes by prostitutes and johns. It means that they can safely get help when they are victims of a crime by contacting police officers, using the 9-1-1 system, or seeing a medical provider. The law says that information gained when a person is reporting a crime against them cannot be used to then arrest them for prostitution, solicitation, or making a display. Note that this immunity does not extend to pandering, pimping, or keeping a place of prostitution.
Child Prostitution and Human Trafficking
Child prostitution is defined and dealt with under completely different laws than prostitution involving an adult. Although most of the offenses exist in parallel with adult prostitution laws, the penalties are far more severe, and the law doesn’t treat prostituted children as criminals—they are treated as victims.
Crimes defined that are related to child prostitution are the same as crimes related to prostitution, except as noted, and include:
- Soliciting for Child Prostitution (C.R.S. § 18-7-402): Is a class 3 felony.
- Pandering of a Child (C.R.S. § 18-7-403): Is a class 2 felony when it involves menacing, but a class 3 felony when it involves arranging a prostitution situation.
- Procurement of a Child (C.R.S. § 18-7-403.5): Means transporting or making available a child for prostitution. Either the act or the offer to do so is a class 3 felony.
- Keeping a Place of Child Prostitution (C.R.S. § 18-7-404): Is a class 3 felony.
- Pimping of a Child (C.R.S. § 18-7-405): Is a class 3 felony.
- Inducement of Child Prostitution (C.R.S. § 18-7-405.5): Means encouraging a child to engage in prostitution by word or action, other than what is considered pandering. It is a class 3 felony.
- Patronizing a prostituted child (C.R.S. § 18-7-406): Is a class 3 felony.
When accused of charges related to child prostitution, people cannot use the defense that they believed the child was age 18 or older.
All victims of human trafficking, whether adults or children, can seek help if they were victims of human trafficking. Minors are always immune to prosecution for prostitution charges.
Victims of trafficking are encouraged to call 9-1-1 if they are facing an emergency. Persons who are seeking assistance, such as protection, relocation, and shelter, should call Colorado’s Human Trafficking Hotline at (970) 614-0913. If you observe suspicious behavior and suspect child trafficking, call 844-CO-4-KIDS.
Penalties for Prostitution and Solicitation
The penalties for prostitution and solicitation charges relate to the classification of the offense.
- Petty offenses: Up to 10 days imprisonment, a fine of up to $300, or both.
- Class 2 misdemeanors: Up to three months imprisonment, a $250 fine, or both.
- Class 5 felonies: One to three years of imprisonment, a fine of $1000 to $100,000, or both.
- Class 3 felonies: Four to 12 years of imprisonment, a fine of $3000 to $750,000, or both.
- Class 2 felonies: Eight to 24 years of imprisonment, a fine of $5000 to $1,000,000, or both.
In addition to fines, those convicted of crimes are typically required to pay court costs. For solicitation charges, a person may be asked to pay an additional fine of up to $5000 to the prostitution enforcement fund.
In addition to these penalties, prostitution-related charges can impact your employment, housing, and professional licenses. They can show up on background checks and become an issue if you are facing charges for other alleged crimes.
Some prostitution charges (especially those involving children) may cause you to be considered a sex offender, with additional penalties that can follow you for life.
Defenses Against Prostitution and Solicitation Charges
If you are accused of prostitution or solicitation, a defense attorney can help you arrange a strong criminal defense to avoid these charges. Some of the most common defenses include:
- Lack of intent: You didn’t mean to solicit a prostitute or offer prostitution services. The interaction was a misunderstanding.
- Mistaken identity: You are not the person who was seen offering or soliciting prostitution.
- Entrapment: If law enforcement officers encouraged you to commit a crime that you might not otherwise commit, you can allege that they entrapped you.
- False accusation: The alleged situation did not happen as described by a witness.
- Affirmative defenses: These might include that you are a sex trafficking victim or that the payments involved were for something other than sex.
Which one will work best for you depends on the specific facts of your situation. An experienced criminal defense attorney will understand the strengths and weaknesses of each defense and how to apply them in your prostitution case.
How a Colorado Criminal Defense Attorney Can Help
M. Colin Bresee is an experienced criminal defense attorney. He has worked in DAs’ offices prosecuting crimes, so he knows the criminal justice system inside and out. He can investigate your situation to turn up additional evidence to help your defense. He can also challenge evidence used by prosecutors, including getting it dismissed if it was obtained illegally. When a good defense is not available, he can negotiate a more favorable outcome for your charge, which can help you avoid the worst long-term outcomes.
When you’re charged with a prostitution-related crime in Denver or along the Front Range, don’t wait to seek help. Your words and actions can make the situation worse. Talking to a criminal defense attorney early can help you make smart moves that will improve your situation and lessen negative outcomes.
If you are facing a criminal charge, including those for prostitution, request a free consultation with the Law Offices of M. Colin Bresee today.
Disclaimer: Past results do not predict future performance. Neither this page nor any other on the website constitutes legal advice and does not establish a client-attorney relationship.
