Children Are Not for Sale Act

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED HOUSE BILL 26-1082 LLS NO. 26-0548.01 Shelby Ross x4510 HOUSE SPONSORSHIP Bottoms, SENATE SPONSORSHIP (None), House Committees Senate Committees Judiciary A BILL FOR AN ACT CONCERNING THE OFFENSE OF HUMAN TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE, AND, CHANGING THE PENALTY FOR HUMAN TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE FROM A CLASS 2 FELONY TO A CLASS 1 FELONY.

IN CONNECTION THEREWITH, Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) The bill adds trading anything of monetary value to buy or sell sexual activity with a minor who the person knows is being trafficked for Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.

Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law.

sexual servitude as an act of human trafficking of a minor for sexual servitude. The bill changes the penalty of human trafficking of a minor for sexual servitude from a class 2 felony to a class 1 felony and requires the court to sentence a person convicted of the felony to life imprisonment without the possibility of parole.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Short title. The short title of this act is the "Children Are Not for Sale Act".

SECTION 2. Legislative declaration. (1) The general assembly finds and declares that:

(a) Residents of Colorado and other states and territories throughout the United States have seen an alarming increase in human trafficking, especially human trafficking involving minor children;

(b) Current penalties in Colorado law, with parole eligibility in as little as 8 years, have failed to adequately deter the human trafficking of minor children; and

(c) It is the measure of a fair and compassionate society to ensure that children are not for sale.

SECTION 3. In Colorado Revised Statutes, 18-3-504, amend (2)(a) and (2)(b); and add (5) as follows:

18-3-504. Human trafficking for sexual servitude - human trafficking of a minor for sexual servitude.

(2) (a) A person commits human trafficking of a minor for sexual servitude if the person:

(I) Knowingly sells, recruits, harbors, transports, transfers, isolates, entices, provides, receives, obtains by any means, maintains, or makes available a minor for the purpose of commercial sexual activity;

or

(II) Knowingly advertises, offers to sell, or sells travel services that facilitate an activity prohibited pursuant to subsection (2)(a)(I) of this section; OR

(III) TRADES ANYTHING OF MONETARY VALUE TO BUY OR SELL SEXUAL ACTIVITY WITH A MINOR WHO THE PERSON KNOWS IS BEING TRAFFICKED FOR SEXUAL SERVITUDE. IN A CRIMINAL PROSECUTION BROUGHT PURSUANT TO THIS SUBSECTION (2)(a)(III), IT IS NOT A DEFENSE THAT THE DEFENDANT DID NOT KNOW THE MINOR'S AGE OR THAT THE DEFENDANT REASONABLY BELIEVED THE MINOR TO BE EIGHTEEN YEARS OLD OR OLDER.

(b) Human trafficking of a minor for sexual servitude is a class 2 CLASS 1 felony. The court shall sentence a person convicted of such a class 2 felony to the department of corrections for a term of at least the minimum of the presumptive range for a class 2 felony, as set forth in section 18-1.3-401 HUMAN TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE TO LIFE IMPRISONMENT WITHOUT THE POSSIBILITY OF PAROLE.

(5) THIS SECTION DOES NOT PROHIBIT THE GOVERNOR FROM ISSUING A PARDON OR CLEMENCY OR FROM COMMUTING A SENTENCE.

SECTION 4. Act subject to petition - effective date. This act takes effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 12, 2026, if adjournment sine die is on May 13, 2026); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part will not take effect unless approved by the people at the general election to be held in November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.