CRS 18-7-206 is the Colorado law that defines pimping as knowingly living on a prostitute’s earnings. Pimping is a class 3 felony punishable by four to 12 years in prison and/or $3,000 to $750,000 in fines.
The language of CRS 18-7-206 states:
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.
In this article, our Colorado criminal defense attorneys discuss:
- 1. What is the legal definition of pimping under CRS 18-7-206?
- 2. What is the difference between pimping and pandering?
- 3. Can I go to jail for pimping in Colorado?
- 4. What are the best defenses?
- 5. Are there immigration consequences?
- 6. Can the criminal record get sealed?
- 7. Related sex offenses
1. What is the legal definition of pimping under CRS 18-7-206?
Colorado prostitution law defines pimping as knowingly living off another person’s sex work earnings.1
Example: Jenny makes money on the side by selling sexual acts for cash. Every month she gives half of her sex work earnings to her unemployed brother. Her brother knows that the money comes from Jenny’s sex acts. Here, the brother could be convicted of pimping because he knowingly took Jenny’s sex work earnings. It does not matter that no one forced Jenny to give the money to her brother.
Note that a person can face pimping charges even if the money is a small amount, or if the prostitution was a one-time event.
CRS 18-7-206 makes pimping a class 3 felony punishable by four to 12 years in prison and/or $3,000 to $750,000 in fines.
2. What is the difference between pimping and pandering?
In Colorado, what people often think of pimping is actually the crime of pandering (CRS 18-7-203). Pandering is when someone – in exchange for money or something else of value – either:
- induces another person by menacing (CRS 18-3-206) or criminal intimidation to commit prostitution; or
- knowingly arranges – or offers to arrange – a situation in which a person may practice prostitution.
Therefore, panderers are people who actively manage sex workers or threaten people into doing sex work. In contrast, pimps receive the proceeds of prostitution whether or not they had any part in inducing or managing the sex workers. In many cases, defendants face sex crime charges for both pimping and pandering.2
3. Can I go to jail for pimping in Colorado?
As a class 3 felony, pimping carries:
- 4 to 12 years in Colorado State Prison, and/or
- A fine of $3,000 to $750,000.3
Note that if the prostitute was a child under 18 years old, prison is mandatory. Plus the court will order sex offender registration. Learn more about Colorado sex offender sentencing.4
Also note that pimping is a more serious offense than pandering, which is usually a class 2 misdemeanor punishable by up to 120 days in jail and/or up to $750. But pandering with intimidation or menace is a class 5 felony punishable by one to three years in prison and/or $1,000 to $100,000.5
4. What are the best defenses?
Eight potential defenses to Colorado pimping charges include:
- The defendant was falsely accused.
- The defendant genuinely did not know the money came from a prostitute.
- The prostitute did not give the defendant money or anything of value.
- Any money the defendant received was not from a prostitute.
- The money the prostitute gave the defendant was for a legitimate business transaction (such as buying merchandise).6
- The police coerced the defendant’s confession.
- The police lacked probable cause to arrest the defendant.
- The evidence that law enforcement found was from an unlawful search and seizure.
5. Are there immigration consequences?
Pimping arguably qualifies as an aggravated felony and is therefore a deportable offense.
Non-citizens charged with this crime are strongly encouraged to hire an experienced attorney. It may be possible to persuade prosecutors to dismiss the case or have it reduced to a non-deportable crime.7 Learn about the criminal defense of immigrants.
Colorado state law requires pimping sentences to be served in state prison, not county jail.
6. Can the criminal record get sealed?
Pimping convictions can never be sealed in Colorado. But if the case gets dismissed, then the defendant can petition the court for a record seal immediately.8
Learn how to seal criminal records in Colorado.
7. Related sex offenses
- Soliciting for the purpose of prostitution (CRS 18-7-202)
- Soliciting child prostitution (CRS 18-7-402)
- Patronizing a prostitute (CRS 18-7-205)
- Patronizing a prostituted child (CRS 18-7-406)
- Pimping of a child (CRS 18-7-405)
- Keeping a place of prostitution (CRS 18-7-204)
- 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)
- Indecent exposure (CRS 18-7-302)
- Human trafficking (CRS 18-3-503)
- Sexual assault (CRS 18-3-402)
Legal References
- Colorado Revised Statute 18-7-206. Note that a prostitute is defined under CRS 18-7-201 as “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.” See People v. Barron, (1978) 195 Colo. 390, 578 P.2d 649. See People v. Franklin, (Colo. 1982) 645 P.2d 1.
- CRS 18-7-203. People v. Johnson, (1978) 195 Colo. 350, 578 P.2d 226. See People v. Stage, (1978) 195 Colo. 110, 575 P.2d 423.
- CRS 18-7-206.
- CRS 18-7-405. CRS 16-22-102. CRS 18-3-411.
- CRS 18-7-405. CRS 18-7-203.
- See People v. Ganatta, (Colo. 1981) 638 P.2d 268. See People v. Cerrone, (Colo. App. 1993) 867 P.2d 143.
- 8 USC 1101(a)(43)(K).
- CRS 24-72-701-708.