Part 4. Child Prostitution

As used in this part 4, unless the context otherwise requires:
(1) “Anal intercourse” means contact between human beings of the genital organs of one and the anus of another.
(2) “Child” means a person under the age of eighteen years.
(3) “Cunnilingus” means any act of oral stimulation of the vulva or clitoris.
(4) “Fellatio” means any act of oral stimulation of the penis.
(5) “Masturbation” means stimulation of the genital organs by manual or other bodily contact, or by any object, exclusive of sexual intercourse.
(6) “Prostitution by a child” means either a child performing or offering or agreeing to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not the child’s spouse in exchange for money or other thing of value or any person performing or offering or agreeing to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any child not the person’s spouse in exchange for money or other thing of value.
(7) “Prostitution of a child” means either inducing a child to perform or offer or agree to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not the child’s spouse by coercion or by any threat or intimidation or inducing a child, by coercion or by any threat or intimidation or in exchange for money or other thing of value, to allow any person not the child’s spouse to perform or offer or agree to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with or upon such child. Such coercion, threat, or intimidation need not constitute an independent criminal offense and shall be determined solely through its intended or its actual effect upon the child.

(1) A person commits soliciting for child prostitution if he:
(a) Solicits another for the purpose of prostitution of a child or by a child;
(b) Arranges or offers to arrange a meeting of persons for the purpose of prostitution of a child or by a child; or
(c) Directs another to a place knowing such direction is for the purpose of prostitution of a child or by a child.
(2) Soliciting for child prostitution is a class 3 felony.

(1) Any person who does any of the following for money or other thing of value commits pandering of a child:
(a) Inducing a child by menacing or criminal intimidation to commit prostitution; or
(b) Knowingly arranging or offering to arrange a situation in which a child may practice prostitution.
(2) Pandering under paragraph (a) of subsection (1) of this section is a class 2 felony. Pandering under paragraph (b) of subsection (1) of this section is a class 3 felony.

Any person who intentionally gives, transports, provides, or makes available, or who offers to give, transport, provide, or make available, to another person a child for the purpose of prostitution of the child commits procurement of a child, which is a class 3 felony.

(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 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.
(2) Keeping a place of child prostitution is a class 3 felony.

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 a child through prostitution commits pimping of a child, which is a class 3 felony.

(1) Any person who by word or action, other than conduct specified in section 18-7-403 (1)(a), induces a child to engage in an act which is prostitution by a child, as defined in section 18-7-401 (6), commits inducement of child prostitution.
(2) Inducement of child prostitution is a class 3 felony.

(1) Any person who performs any of the following with a child not his spouse commits patronizing a prostituted child:
(a) Engages in an act which is prostitution of a child or by a child, as defined in section 18-7-401 (6) or (7); or
(b) Enters or remains in a place of prostitution with intent to engage in an act which is prostitution of a child or by a child, as defined in section 18-7-401 (6) or (7).
(2) Patronizing a prostituted child is a class 3 felony.

In any criminal prosecution under sections 18-7-402 to 18-7-407, it shall be no defense that the defendant did not know the child’s age or that he reasonably believed the child to be eighteen years of age or older.

If any provision of this part 4 or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of this part 4 which may be given effect without the invalid provision or application, and, to this end, the provisions of this part 4 are declared to be severable.

When a person is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this part 4 and the court knows the person is a current or former employee of a school district in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education.