Part 2. Prostitution

(1) 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.
(2)
(a) “Fellatio”, as used in this section, means any act of oral stimulation of the penis.
(b) “Cunnilingus”, as used in this section, means any act of oral stimulation of the vulva or clitoris.
(c) “Masturbation”, as used in this section, means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.
(d) “Anal intercourse”, as used in this section, means contact between human beings of the genital organs of one and the anus of another.
(3) Prostitution is a class 3 misdemeanor.

(1) A person charged with prostitution, as described in section 18-7-201 or any corresponding municipal code or ordinance, for an offense committed on or after July 1, 2015, which offense was committed as a direct result of being a victim of human trafficking, may assert as an affirmative defense that he or she is a victim of human trafficking as defined in subsection (4) of this section. To assert the affirmative defense pursuant to this subsection (1), the person charged with the offense must demonstrate by a preponderance of the evidence that he or she was a victim of human trafficking at the time of the offense. An official determination or documentation is not required to assert an affirmative defense pursuant to this subsection (1), but official documentation from a federal, state, local, or tribal government agency indicating that the defendant was a victim at the time of the offense creates a presumption that his or her participation in the offense was a direct result of being a victim.
(2)
(a) On or after January 1, 2016, a person charged with or convicted of prostitution, as described in section 18-7-201, or any corresponding municipal code or ordinance, for an offense committed before July 1, 2015, which offense was committed as a direct result of being a victim of human trafficking, as defined in subsection (4) of this section, may apply to the court for a sealing of his or her records pursuant to section 24-72-704 or 24-72-707, as applicable.
(b) Repealed.
(c) An official determination or documentation is not required to grant a motion pursuant to this subsection (2), but official documentation from a federal, state, local, or tribal government agency indicating that the defendant was a victim at the time of the offense creates a presumption that his or her participation in the offense was a direct result of being a victim.
(3) At the request of a person who asserted the affirmative defense pursuant to subsection (1) of this section, the court may at any time issue a protective order concerning protecting the confidentiality of the person asserting the affirmative defense.
(4) As used in this section, unless the context otherwise requires:
(a) “Human trafficking” means an offense described in part 5 of article 3 of this title or any conduct that, if it occurred prior to the enactment of such part 5, would constitute an offense of human trafficking pursuant to part 5 of article 3 of this title.
(b) “Victim of human trafficking” means a “victim” as defined in section 18-3-502 (12).

If a law enforcement officer encounters a person who is under eighteen years of age and who is engaging in any conduct that would be a violation of section 18-7-201, 18-7-202, 18-7-204, or 18-7-207 or a prostitution-related offense pursuant to a county or municipal ordinance and there is probable cause to believe that the minor is a victim of human trafficking of a minor for sexual servitude pursuant to section 18-3-504, the law enforcement officer or agency shall immediately report a suspected violation of human trafficking of a minor for sexual servitude to the appropriate county department of human or social services or the child abuse reporting hotline system created pursuant to section 26-5-111. The county department of human or social services shall subsequently follow the reporting requirements set forth in section 19-3-308 (4)(c).

Source: L. 90: Entire section added, p. 987, § 13, effective April 24. L. 99: Entire section amended, p. 997, § 2, effective May 29. L. 2000: (1) amended, p. 452, § 3, effective April 24. L. 2016: Entire section repealed, (SB 16-146), ch. 230, p. 914, § 3, effective July 1.

Source: L. 90: Entire section added, p. 987, § 13, effective April 24. L. 99: (3) added, p. 998, § 3, effective May 29. L. 2016: Entire section repealed, (SB 16-146), ch. 230, p. 914, § 3, effective July 1.

(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 class 3 misdemeanor. 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.

(1) Any person who does any of the following for money or other thing of value commits pandering:
(a) Inducing a person by menacing or criminal intimidation to commit prostitution; or
(b) Knowingly arranging or offering to arrange a situation in which a person may practice prostitution.
(2)
(a) Pandering under paragraph (a) of subsection (1) of this section is a class 5 felony. A person who is convicted of pandering under paragraph (a) of subsection (1) of this section shall be required to pay a fine of not less than five thousand dollars and not more than ten thousand dollars in addition to any penalty imposed by the court pursuant to section 18-1.3-401, 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.
(b) Pandering under paragraph (b) of subsection (1) of this section is a class 3 misdemeanor. A person who is convicted of pandering under paragraph (b) of subsection (1) of this section shall be required to pay a fine of not less than five thousand dollars and not more than ten 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.

(1) 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.
(2) Keeping a place of prostitution is a class 2 misdemeanor.

(1) Any person who performs any of the following with a person not his spouse commits patronizing a prostitute:
(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.
(2) Patronizing a prostitute is a class 1 misdemeanor. A person who is convicted of patronizing a prostitute 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 18-1.3-401 or 18-1.3-503, 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.

Source: L. 90: Entire section added, p. 987, § 13, effective April 24. L. 99: Entire section amended, p. 999, § 4, effective May 29. L. 2000: (1) amended, p. 452, § 4, effective April 24. L. 2016: Entire section repealed, (SB 16-146), ch. 230, p. 914, § 3, effective July 1.

Source: L. 90: Entire section added, p. 987, § 13, effective April 24. L. 2016: Entire section repealed, (SB 16-146), ch. 230, p. 914, § 3, effective July 1.

Any person who knowingly lives on or is supported or maintained in whole or in part by money or other thing of value earned, received, procured, or realized by any other person through prostitution commits pimping, which is a class 3 felony.

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.

Source: L. 71: R&RE, p. 452, § 1. C.R.S. 1963: § 40-7-208. L. 2013: Entire section repealed, (HB 13-1166), ch. 59, p. 195, § 2, effective August 7.

If probable cause exists to believe that a minor charged with a prostitution-related activity pursuant to section 18-7-201, 18-7-202, 18-7-204, or 18-7-207 or a prostitution-related offense pursuant to a county or municipal ordinance was a victim of human trafficking of a minor for involuntary servitude, pursuant to section 18-3-503 (2), or human trafficking of a minor for sexual servitude, pursuant to section 18-3-504 (2), at the time of the offense being charged, the minor is immune from criminal liability or juvenile delinquency proceedings for such charges.