CRS 18-7-201 is the Colorado law that defines the crime of prostitution as performing sexual acts in exchange for payment from anyone other than your spouse. These sexual acts include vaginal intercourse, fellatio, cunnilingus, anal intercourse, and masturbation.

Prostitution is generally a petty offense, carrying

• up to $300 in fines and/or
• up to 10 days in jail.

Merely offering or agreeing to perform sex acts for money constitutes prostitution, even if the sex never takes place.

In this article, our Denver, Colorado criminal defense attorneys will answer the following key questions about Colorado prostitution laws:

• 1. How does Colorado law define prostitution?
• 2. What are common defenses?
• 3. What are the penalties?
• 4. Is it possible to get a diversionary sentence?
• 5. Can a prostitution record be sealed?
• 6. Are there any licensed brothels in Colorado?
• 7. Have there been efforts to legalize prostitution in Colorado?
• 8. Related Offenses
  • 8.1 What is the offense of solicitation?
  • 8.2 What is the offense of patronizing a prostitute?
  • 8.3 What is the offense of keeping a place of prostitution?
  • 8.4 What is the offense of pimping?
  • 8.5 What is the offense of pandering?
  • 8.6 What is the offense of prostitutes making display?
• Additional resources

1. How does Colorado law define prostitution?

Under Colorado Revised Statute (CRS) 18-7-201, prostitution is when you:

• perform,
• offer, or
• agree to perform

any of the following acts with another person who is not your spouse in exchange for money or another item of value:

• sexual intercourse – inserting the penis into the vagina.¹
• fellatio – “any act of oral stimulation of the penis.”²
• cunnilingus – “any act of oral stimulation of the vulva or clitoris.”³
• masturbation – “stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.”⁴
• anal intercourse – “contact between human beings of the genital organs of one and the anus of another.”⁵

1.1 Prostitution is a crime of moral turpitude

Prostitution is not only a sex crime but also a crime involving moral turpitude (CIMT).⁶ According to Black’s Law Dictionary, moral turpitude is an:

act of baseness, vileness, or the depravity in private and social duties which man owes to his fellow man, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.⁷

If you are a non-citizen, being convicted of a CIMT can cause you to be deported from the United States. Even if you are a U.S. citizen, having a CIMT conviction can keep you from getting a professional license for medicine, nursing, real estate, etc.⁸

2. What are common defenses?

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with sex crimes such as prostitution. In our experience, the following five defenses have proven very effective with prosecutors, judges, and juries:

1. You did not offer sex in the form of any of the acts listed above.
2. You did not ask for anything of value in exchange for sex.
3. You did not offer anything of value in exchange for sex.
4. There was a misunderstanding.
5. You were entrapped by the police and would not have broken the law but for the influence of law enforcement. (Often entrapment is the result of a sting operation set up by the police online or at a location known for prostitution.)

3. What are the penalties?

Prostitution in Colorado is a petty offense, carrying:

• A fine of up to $300; and/or
• Possible jail time of up to 10 days.

Note that individual counties and cities (municipalities) may have their own prostitution ordinances and punishments.

Also, note that it is no longer a separate crime to engage in prostitution if you know you have HIV (human immunodeficiency virus). Plus, if you are convicted of prostitution, you are no longer required to get tested for HIV.

4. Is it possible to get a diversionary sentence?

Judges may grant diversion in first-offense prostitution cases that did not involve children or weapons.

Diversion allows you to complete certain terms and conditions before criminal prosecution ensues. If you complete it successfully, the case will be dismissed and you can petition the court to seal the arrest record. If you do not complete diversion, then you will be prosecuted.

Diversion is not available if your case involves any of the following crimes:

• Sexual assault⁹
• Sexual assault on a child¹⁰
• Any sexual offense committed against an at-risk adult or at-risk minor
• Any sexual offense committed with the use of a deadly weapon
• Enticement of a child¹¹
• Sexual exploitation of a child¹²
• Procurement of a child for exploitation¹³
• Sexual assault on a child by one in a position of trust,¹⁴ or
• Any child prostitution offense.

5. Can a prostitution record be sealed?

As a petty offense, prostitution convictions can be sealed one year after the case ends. However, you can petition the court for a seal immediately if the charge gets dismissed. Learn how to seal Colorado criminal records.

6. Are there any licensed brothels in Colorado?

Prostitution is not legal anywhere in Colorado, and there are no licensed brothels in Colorado. Prostitution that occurs in massage parlors is illegal. The only state currently home to licensed brothels is Nevada.

KRDO out of Colorado Springs once reported that prostitution was practically legal in the Pikes Peak region.¹⁵ That assertion, however, is misleading and refers to a claim that the police do not actively investigate and crack down on prostitution in the region. Rather, they act only when there is a complaint of prostitution.

7. Have there been efforts to legalize prostitution in Colorado?

Yes, there have been efforts to legalize prostitution in Colorado. One reason is that no one should be able to legislate what you do with your own body. Another reason is that legalization would promote safety:

• A Colorado Springs study recently reported that prostitutes in Colorado Springs were 18 times more likely to be murdered than non-prostitutes of their like age and race.¹⁶

• Decriminalizing prostitution and regulating would mean regular testing for sexually transmitted diseases, like HIV, syphilis, gonorrhea, and chlamydia, like those regulations carried out in Nevada.¹⁷

• The Chicago Policy Review discusses important studies identifying the link between decriminalization and its impact on public health and safety as well as the alternative: criminalization and its impact on public health and safety. The results of the review indicate decriminalization is better for society as much as it is better for those involved in prostitution.¹⁸

There is a live petition on thepetitionsite.com website calling upon Colorado to decriminalize prostitution, noting that the Ninth Circuit in the 2018 decision ESPLERP v GASCON 16-15927 said it was the state legislators’ responsibility to repeal bad laws. ¹⁹

Though society is having this discussion on decriminalizing sex work, it has only been discussed by lawmakers in a handful of states, like New Hampshire, Hawaii, and Massachusetts.²⁰ In Colorado, the Libertarian Party has advocated for the decriminalization of prostitution,²¹ but to date, there have been no efforts by lawmakers to decriminalize prostitution in Colorado.

8. Related Offenses

8.1 What is the offense of solicitation?

Soliciting a prostitute is:

• Soliciting another person for prostitution; or
• Arranging or offering to arrange a meeting for prostitution purposes; or
• Directing another person to a place knowing that this instruction is for prostitution purposes.²²

Soliciting a prostitute in Colorado is a petty offense, carrying:

• a fine of up to $300; and/or
• jail of up to 10 days.

In addition, if you are convicted of soliciting a prostitute, you will also be ordered to pay a fine of up to $5,000 to be contributed to the State’s prostitution enforcement cash fund.²³

Also see our article on soliciting a child for prostitution (CRS 18-7-402), which is a felony.

8.2 What is the offense of patronizing a prostitute?

Patronizing a prostitute is performing any of the following with a person who is not your spouse:

• engaging in an act of sexual intercourse or of deviate sexual conduct with a prostitute; or
• entering and/or remaining in a place of prostitution with the intent to engage in sexual intercourse or deviate sexual conduct.²⁴

Patronizing a prostitute is a petty offense, carrying:

• a fine of up to $300; and/or
• jail time of up to 10 days

In addition, if you are convicted of patronizing a prostitute, you may also be ordered to pay a fine of up to $5,000 to be contributed to the State’s prostitution enforcement cash fund.

Also see our article on patronizing a prostituted child (CRS 18-7-406). This offense is a class 3 felony, punishable by:

• 4 to 12 years in prison (mandatory), and
• A fine of $3,000 to $750,000, and
• Sex offender registration

If you are a teacher convicted of child prostitution, you will likely have your license revoked.²⁴

8.3 What is the offense of keeping a place of prostitution?

Keeping a place of prostitution is when you:

1. have or exercise control over a place that offers seclusion or shelter for the practice of prostitution; and
2. do any one of the following:
   1. knowingly grant or permit the use of the place for prostitution purposes; or
   2. permit the place to be continually used for prostitution purposes even after you are aware of the fact or should reasonably know the same.²⁵

Keeping a place of prostitution is a Class 2 misdemeanor that carries:

• a fine of up to $750; and/or
• jail of up to 120 days

8.4 What is the offense of pimping?

Pimping is knowingly:

• living on,
• being supported by, or
• being maintained in whole or in part by

money or another thing of value

• earned,
• received,
• procured, or
• realized

by another person through prostitution.²⁶

Being a pimp is a Class 3 felony and can result in the following penalties:

• a fine between $3,000 and $750,000; and/or
• state prison between 4 and 12 years.

Pimping a child (CRS 18-7-405) will result in tougher penalties and a requirement to register as a Colorado sex offender.

8.5 What is the offense of pandering?

Pandering is taking money to arrange for someone to hire a prostitute.²⁷ Depending on the circumstances, the crime can be charged as either a Class 5 felony or a Class 2 misdemeanor.

A Class 2 misdemeanor is punishable by

• a fine of up to $750; and/or
• jail of up to 120 days; and
• an additional fine to be paid to the prostitution enforcement cash fund of no less than $5,000 and not more than $10,000.

A Class 5 felony is punishable by:

• state prison of up to 3 years; and/or
• a fine of up to $100,000; and
• an additional fine to be paid to the prostitution enforcement cash fund of no less than $5,000 and not more than $10,000.

Also see our article on pandering a child (CRS 18-7-403).

8.6 What is the offense of prostitutes making display?

The crime of prostitute making display is committing an act that encourages or attempts to further the practice of prostitution in any public place. An example is waving at a car passing by to get the driver’s attention.

The charge of prostitute making display is a petty offense carrying:

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

Additional resources

If you are a sex worker or are escaping sex trafficking, you can find help here:

• GenerateHope Colorado – Faith-based organization offering long-term programs to women who have been sexually trafficked.
• TESSA – Provides a safehouse for women, children, and other victims escaping abuse.
• Sex Workers Anonymous – Hotline and meetings for survivors.
• Covered Colorado – Provides housing, counseling, and education for sex trafficking survivors.
• Sex Workers Outreach Project-USA – National social justice network focused on ending violence and stigma through education and advocacy.

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Legal References