Trafficking & Commercial Sexual Activity Offenses

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED SENATE BILL 26-075 LLS NO. 26-0287.01 Anna Petrini x5497 SENATE SPONSORSHIP Pelton B. and Roberts, Carson HOUSE SPONSORSHIP Duran and Winter T., Senate Committees House Committees Judiciary A BILL FOR AN ACT CONCERNING MODIFYING CERTAIN CRIMINAL LAW PROVISIONS, AND, IN REQUIREMENTS FOR HUMAN TRAFFICKING AND CERTAIN PIMPING OFFENSES, PERMITTING A COURT TO CONSIDER THE SOURCE OF FUNDS WHEN MAKING BOND DETERMINATIONS, AND UPDATING REFERENCES TO OFFENSES INVOLVING COMMERCIAL SEXUAL ACTIVITY WITH A CHILD.

CONNECTION THEREWITH , CHANGING SENTENCING 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.) 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.

The bill removes human trafficking for involuntary servitude and human trafficking for sexual servitude (human trafficking offenses) from the list of crimes of violence that are subject to enhanced sentencing if they involve the use, or possession and threatened use of, a deadly weapon or the infliction of serious bodily injury or death. Instead, the bill requires a court to sentence a person convicted of a human trafficking offense or a related attempt or conspiracy to the department of corrections for a term of at least the midpoint, but not more than twice the maximum, of the presumptive range authorized for the applicable offense. It clarifies that a class 3 felony human trafficking offense is also subject to sentencing modifications that are permitted under current law for crimes that present an extraordinary risk of harm to society. The bill subjects a person convicted of the following to enhanced sentencing: ! Pimping, if the victim is an at-risk person; and ! Human trafficking for involuntary servitude, or human trafficking for sexual servitude, if the victim is an at-risk adult. The bill adds the source of money posted to satisfy a monetary condition of release, including the likelihood that the money is derived from criminal activity, to the list of criteria a court may consider in making a determination of the type of bond and conditions of release. The bill changes terminology related to child prostitution to commercial sexual activity in the crimes of soliciting for child prostitution, pandering of a child, keeping a place of child prostitution, pimping a child, inducement of child prostitution, and patronizing a prostituted child, including changing the name of the offenses for soliciting for child prostitution, keeping a place of child prostitution, inducement of child prostitution, and patronizing a prostituted child. In the crime of soliciting for commercial sexual activity with a child, the bill adds soliciting a child for commercial sexual activity as a means of committing the offense and requires that when arranging or offering to arrange a meeting, the offender must know that the meeting will facilitate commercial sexual activity with a child.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 16-1-104, amend (8.5)(a)(I) as follows:

16-1-104. Definitions.

(8.5) (a) (I) "Crime of violence" means a crime in which the defendant used, or possessed and threatened the use of, a deadly weapon during the commission or attempted commission of any crime committed against an elderly person or a person with a disability or a crime of murder, first or second degree assault, kidnapping, sexual assault, robbery, first degree arson, first or second degree burglary, escape, OR criminal extortion, human trafficking for involuntary servitude of an adult or a minor, or human trafficking for sexual servitude of an adult or a minor, or during the immediate flight therefrom, or the defendant caused serious bodily injury or death to any person, other than to the defendant or another participant, during the commission or attempted commission of the felony or during the immediate flight therefrom.

SECTION 2. In Colorado Revised Statutes, 18-1.3-401, add (15) as follows:

18-1.3-401. Felonies classified - presumptive penalties.

(15) (a) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE COURT SHALL SENTENCE A PERSON CONVICTED OF THE CLASS 3 FELONY OF HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE PURSUANT TO SECTION 18-3-503 OR THE CLASS 3 FELONY OF HUMAN TRAFFICKING FOR SEXUAL SERVITUDE PURSUANT TO SECTION 18-3-504 TO A TERM OF AT LEAST THE MIDPOINT, BUT NOT MORE THAN TWICE THE MAXIMUM, OF THE PRESUMPTIVE RANGE AUTHORIZED FOR THE PUNISHMENT OF THE OFFENSE IN SUBSECTION (1)(a) OF THIS SECTION, AS MODIFIED FOR AN EXTRAORDINARY RISK CRIME PURSUANT TO SUBSECTION

(10) OF THIS SECTION.

(b) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE COURT SHALL SENTENCE A PERSON CONVICTED OF THE CLASS 2 FELONY OF HUMAN TRAFFICKING OF A MINOR FOR INVOLUNTARY SERVITUDE PURSUANT TO SECTION 18-3-503 OR THE CLASS 2 FELONY OF HUMAN TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE PURSUANT TO

SECTION 18-3-504 TO A TERM OF AT LEAST THE MIDPOINT, BUT NOT MORE THAN TWICE THE MAXIMUM, OF THE PRESUMPTIVE RANGE AUTHORIZED FOR THE PUNISHMENT OF THE OFFENSE IN SUBSECTION (1)(a) OF THIS SECTION.

SECTION 3. In Colorado Revised Statutes, 18-1.3-406, amend (2)(a)(II)(J); and repeal (2)(a)(II)(L) and (2)(a)(II)(M) as follows: 18-1.3-406.

Mandatory sentences for violent crimes - definitions. (2) (a) (II) Subsection (2)(a)(I) of this section applies to the following crimes:

(J) Criminal extortion; OR

(L) Human trafficking for involuntary servitude of an adult or a minor in violation of section 18-3-503; or (M) Human trafficking for sexual servitude of an adult or a minor in violation of section 18-3-504. SECTION 4. In Colorado Revised Statutes, 18-3-503, add (2.5) as follows: 18-3-503.

Human trafficking for involuntary servitude - human trafficking of a minor for involuntary servitude.

(2.5) (a) THE COURT SHALL SENTENCE A PERSON CONVICTED OF HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE OR HUMAN TRAFFICKING OF A MINOR FOR INVOLUNTARY SERVITUDE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 18-1.3-401 (15).

(b) (I) IF A PERSON IS CONVICTED OF COMMITTING, CONSPIRING TO COMMIT, OR ATTEMPTING TO COMMIT HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE PURSUANT TO SUBSECTION (1) OF THIS SECTION, THE COURT SHALL SENTENCE THE PERSON TO THE DEPARTMENT OF CORRECTIONS FOR A TERM OF INCARCERATION OF AT LEAST THE MIDPOINT IN, BUT NOT MORE THAN TWICE THE MAXIMUM OF, THE PRESUMPTIVE RANGE PROVIDED FOR THE OFFENSE IN SECTION 18-1.3-401 (1)(a), AS MODIFIED FOR AN EXTRAORDINARY RISK CRIME PURSUANT TO SECTION

(II) NOTWITHSTANDING SUBSECTION (2.5)(b)(I) OF THIS SECTION, IF A PERSON IS CONVICTED OF COMMITTING, CONSPIRING TO COMMIT, OR ATTEMPTING TO COMMIT HUMAN TRAFFICKING OF A MINOR FOR INVOLUNTARY SERVITUDE PURSUANT TO THIS SECTION, THE COURT SHALL SENTENCE THE PERSON TO THE DEPARTMENT OF CORRECTIONS FOR A TERM OF INCARCERATION OF AT LEAST THE MIDPOINT IN, BUT NOT MORE THAN TWICE THE MAXIMUM OF, THE PRESUMPTIVE RANGE PROVIDED FOR THE OFFENSE IN SECTION 18-1.3-401 (1)(a).

SECTION 5. In Colorado Revised Statutes, 18-3-504, amend (1)(b) and (2)(b); and add (1)(c) and (2)(d) as follows: 18-3-504. Human trafficking for sexual servitude - human trafficking of a minor for sexual servitude.

(1) (b) Human trafficking for sexual servitude is a class 3 felony.

THE COURT SHALL SENTENCE A PERSON CONVICTED OF HUMAN TRAFFICKING FOR SEXUAL SERVITUDE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 18-1.3-401 (15).

(c) IF A PERSON IS CONVICTED OF COMMITTING, CONSPIRING TO COMMIT, OR ATTEMPTING TO COMMIT HUMAN TRAFFICKING FOR SEXUAL SERVITUDE PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION, THE COURT SHALL SENTENCE THE PERSON TO THE DEPARTMENT OF CORRECTIONS FOR A TERM OF INCARCERATION OF AT LEAST THE MIDPOINT IN, BUT NOT MORE THAN TWICE THE MAXIMUM OF, THE PRESUMPTIVE RANGE PROVIDED FOR THE OFFENSE IN SECTION 18-1.3-401 EXTRAORDINARY RISK CRIME PURSUANT TO SECTION 18-1.3-401 (10).

(1)(a), AS MODIFIED FOR AN

(2) (b) Human trafficking of a minor for sexual servitude is a class 2 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. THE COURT SHALL SENTENCE A PERSON CONVICTED OF HUMAN TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE IN ACCORDANCE WITH THE PROVISIONS OF SECTION 18-1.3-401 (15).

(d) IF A PERSON IS CONVICTED OF COMMITTING, CONSPIRING TO COMMIT, OR ATTEMPTING TO COMMIT HUMAN TRAFFICKING OF A MINOR FOR SEXUAL SERVITUDE PURSUANT TO SUBSECTION SECTION, THE COURT SHALL SENTENCE THE PERSON TO THE DEPARTMENT OF CORRECTIONS FOR A TERM OF INCARCERATION OF AT LEAST THE MIDPOINT IN, BUT NOT MORE THAN TWICE THE MAXIMUM OF, THE PRESUMPTIVE RANGE PROVIDED FOR THE OFFENSE IN SECTION 18-1.3-401 (1)(a).

(2)(a) OF THIS

SECTION 6. In Colorado Revised Statutes, 18-6.5-103, add (10) and (11) as follows:

18-6.5-103. Crimes against at-risk persons - classifications.

(10) (a) A PERSON WHO COMMITS HUMAN TRAFFICKING FOR INVOLUNTARY SERVITUDE, AS THE CRIME IS DESCRIBED IN SECTION 18-3-503, AND THE VICTIM IS AN AT-RISK ADULT, COMMITS A CLASS 2 FELONY.

(b) A PERSON WHO COMMITS HUMAN TRAFFICKING FOR SEXUAL SERVITUDE, AS THE CRIME IS DESCRIBED IN SECTION 18-3-504 (1)(a), AND THE VICTIM IS AN AT-RISK ADULT, COMMITS A CLASS 2 FELONY.

(11) (a) (I) A PERSON COMMITS PIMPING OF AN AT-RISK ADULT WHEN THE PERSON 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 AN AT-RISK ADULT THROUGH PROSTITUTION.

(II) PIMPING OF AN AT-RISK ADULT IS A CLASS 2 FELONY.

(b) (I) A PERSON COMMITS PIMPING OF AN AT-RISK JUVENILE WHEN THE PERSON 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 AN AT-RISK JUVENILE THROUGH COMMERCIAL SEXUAL ACTIVITY.

(II) PIMPING OF AN AT-RISK JUVENILE IS A CLASS 2 FELONY.

SECTION 7. In Colorado Revised Statutes, 16-4-103, amend (5)(i) and (5)(j); and add (5)(k) as follows:

16-4-103. Setting and selection type of bond - criteria.

The court may also consider the following criteria as appropriate and relevant in making a determination of the type of bond and conditions of release:

(i) Any facts indicating that the defendant is likely to intimidate or harass possible witnesses; and

(j) Any other facts tending to indicate that the person in custody has strong ties to the community and is not likely to flee the jurisdiction;

AND

(k) THE SOURCE OF MONEY THE DEFENDANT MAY POST WITH THE COURT TO SATISFY A MONETARY CONDITION OF RELEASE, INCLUDING THE LIKELIHOOD THAT THE MONEY IS DIRECTLY OR INDIRECTLY DERIVED FROM CRIMINAL ACTIVITY.

SECTION 8. In Colorado Revised Statutes, repeal and reenact, with amendments, 18-7-401 as follows:

18-7-401. Definitions.

AS USED IN THIS PART 4, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(1) "CHILD" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS OLD.

(2) "COMMERCIAL SEXUAL ACTIVITY" MEANS PERFORMING OR OFFERING OR AGREEING TO PERFORM A SEXUAL ACTIVITY FOR WHICH A PERSON GIVES, PROMISES, OR RECEIVES ANYTHING OF VALUE.

"SEXUAL ACTIVITY" MEANS SEXUAL CONTACT, SEXUAL INTRUSION, OR SEXUAL PENETRATION, AS EACH TERM IS DEFINED IN

SECTION 18-3-401.

SECTION 9. In Colorado Revised Statutes, amend 18-7-402 as follows:

18-7-402. Soliciting for commercial sexual activity with a child. (1) A person commits soliciting for child prostitution if he COMMERCIAL SEXUAL ACTIVITY WITH A CHILD IF THE PERSON:

(a) KNOWINGLY SOLICITS A CHILD FOR COMMERCIAL SEXUAL ACTIVITY;

(a) (b) KNOWINGLY solicits another for the purpose of prostitution of a child or by a child COMMERCIAL SEXUAL ACTIVITY WITH A CHILD;

(b) (c) Arranges or offers to arrange a meeting of persons for the purpose of prostitution of a child or by a child KNOWING THE MEETING WILL FACILITATE COMMERCIAL SEXUAL ACTIVITY WITH A CHILD; or

(c) (d) Directs another to a place knowing such THE direction is for the purpose of prostitution of a child or by a child WILL FACILITATE COMMERCIAL SEXUAL ACTIVITY WITH A CHILD.

Soliciting for child prostitution COMMERCIAL SEXUAL ACTIVITY WITH A CHILD is a class 3 felony.

SECTION 10. In Colorado Revised Statutes, amend 18-7-403 as follows:

18-7-403. Pandering of a child.

(1) Any A 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 ENGAGE IN COMMERCIAL SEXUAL ACTIVITY; or

(b) Knowingly arranging or offering to arrange a situation in which a child may practice prostitution ENGAGE IN COMMERCIAL SEXUAL ACTIVITY.

(2) (a) Pandering under paragraph (a) of subsection (1) OF A CHILD PURSUANT TO SUBSECTION (1)(a) of this section is a class 2 felony.

(b) Pandering under paragraph (b) of subsection (1) OF A CHILD PURSUANT TO SUBSECTION (1)(b) of this section is a class 3 felony.

SECTION 11. In Colorado Revised Statutes, amend 18-7-403.5 as follows:

18-7-403.5. Procurement of a child.

(1) Any A 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 COMMERCIAL SEXUAL ACTIVITY commits procurement of a child.

which is a class 3 felony.

(2) PROCUREMENT OF A CHILD IS A CLASS 3 FELONY.

SECTION 12. In Colorado Revised Statutes, amend 18-7-404 as follows:

18-7-404. Keeping a place for commercial sexual activity with a child.

(1) Any A person who has or exercises control over the use of any A place which THAT offers seclusion or shelter for the practice of prostitution and who performs any one or more of the following COMMERCIAL SEXUAL ACTIVITY WITH A CHILD commits keeping a place of child prostitution COMMERCIAL SEXUAL ACTIVITY WITH A CHILD if he THE PERSON:

(a) Knowingly grants or permits the use of such THE place for the purpose of prostitution of a child or by a child COMMERCIAL SEXUAL ACTIVITY WITH A CHILD; or

(b) Permits the continued use of such THE place for the purpose of prostitution of a child or by a child COMMERCIAL SEXUAL ACTIVITY WITH A CHILD after becoming aware of facts or circumstances from which he THE PERSON should reasonably know that the place is being used for purposes of such prostitution COMMERCIAL SEXUAL ACTIVITY WITH A CHILD.

(2) Keeping a place of child prostitution COMMERCIAL SEXUAL ACTIVITY WITH A CHILD is a class 3 felony.

SECTION 13. In Colorado Revised Statutes, amend 18-7-405 as follows:

18-7-405. Pimping of a child.

(1) Any A 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 COMMERCIAL SEXUAL ACTIVITY commits pimping of a child. which is a class 3 felony.

(2) PIMPING OF A CHILD IS A CLASS 3 FELONY.

SECTION 14. In Colorado Revised Statutes, amend 18-7-405.5 as follows:

18-7-405.5. Inducement of commercial sexual activity with a child.

(1) Any A 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), COMMERCIAL SEXUAL ACTIVITY commits inducement of child prostitution COMMERCIAL SEXUAL ACTIVITY WITH A CHILD.

Inducement of child prostitution COMMERCIAL SEXUAL ACTIVITY WITH A CHILD is a class 3 felony.

SECTION 15. In Colorado Revised Statutes, amend 18-7-406 as follows:

18-7-406. Engaging in commercial sexual activity with a child.

(1) Any A person who performs any of the following with a child WHO IS not his THEIR spouse commits patronizing a prostituted child ENGAGING IN COMMERCIAL SEXUAL ACTIVITY WITH A 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) COMMERCIAL SEXUAL ACTIVITY WITH A CHILD; or

(b) Enters or remains in a place of prostitution FOR COMMERCIAL SEXUAL ACTIVITY WITH A CHILD 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) COMMERCIAL SEXUAL ACTIVITY WITH A CHILD.

(2) Patronizing a prostituted child ENGAGING IN COMMERCIAL SEXUAL ACTIVITY WITH A CHILD is a class 3 felony.

SECTION 16. In Colorado Revised Statutes, 14-10-129, amend (3)(b) introductory portion, (3)(b)(XIV), (3)(b)(XVII), (3)(b)(XIX), (3)(b)(XX), and (3)(c); and add (3)(b)(XXI), (3)(b)(XXII), (3)(b)(XXIII), and (3)(b)(XXIV) as follows:

14-10-129. Modification of parenting time.

(3) (b) The provisions of paragraph (a) of this subsection (3) shall apply SUBSECTION (3)(a) OF THIS SECTION APPLIES to the following crimes:

(XIV) Soliciting for child prostitution, as defined in section 18-7-402, C.R.S. AS IT EXISTED PRIOR TO JULY 1, 2026; (XVII) Keeping a place of child prostitution, as defined in section 18-7-404, C.R.S. AS IT EXISTED PRIOR TO JULY 1, 2026; (XIX) Inducement of child prostitution, as defined in section 18-7-405.5, C.R.S. AS IT EXISTED PRIOR TO JULY 1, 2026; (XX) Patronizing a prostituted child, as defined in section 18-7-406, C.R.S. AS IT EXISTED PRIOR TO JULY 1, 2026; (XXI) SOLICITING FOR COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, AS DEFINED IN SECTION 18-7-402;

(XXII) KEEPING A PLACE OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, AS DEFINED IN SECTION 18-7-404;

(XXIII) INDUCEMENT OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, AS DEFINED IN SECTION 18-7-405.5;

(XXIV) ENGAGING IN COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, AS DEFINED IN SECTION 18-7-406.

(c) If the party was convicted in another state or jurisdiction of an offense that, if committed in Colorado, would constitute an offense listed in subparagraphs (III) to (XX) of paragraph (b) of this subsection (3) SUBSECTIONS (3)(b)(III) TO (3)(b)(XXIV) OF THIS SECTION, the court shall order that party to submit to a sex-offense-specific evaluation and a parental risk assessment in Colorado, and the court shall consider the recommendations of the evaluation and the assessment in any order the court makes relating to parenting time or parental contact. The convicted party shall pay for the costs of the evaluation and the assessment.

SECTION 17. In Colorado Revised Statutes, 16-8-115, amend (4)(g)(XIV), (4)(g)(XVII), (4)(g)(XIX), and (4)(g)(XX); and add (4)(g)(XX.5) as follows:

16-8-115. Release from commitment after verdict of not guilty by reason of insanity or not guilty by reason of impaired mental condition - definitions.

(4) (g) As used in this subsection (4), "an offense involving unlawful sexual behavior" means any of the following offenses: (XIV) Soliciting for child prostitution SOLICITING FOR COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-402; C.R.S.;

(XVII) Keeping a place of child prostitution KEEPING A PLACE OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-404; C.R.S.;

(XIX) Inducement of child prostitution INDUCEMENT OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-405.5; C.R.S.;

(XX) Patronizing a prostituted child ENGAGING IN COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-406; C.R.S.;

or (XX.5) AS EACH OF THE FOLLOWING OFFENSES EXISTED PRIOR TO JULY 1, 2026: SOLICITING FOR CHILD PROSTITUTION, IN VIOLATION OF SECTION VIOLATION OF SECTION 18-7-404; INDUCEMENT OF CHILD PROSTITUTION, IN VIOLATION OF SECTION 18-7-405.5; OR PATRONIZING A PROSTITUTED CHILD, IN VIOLATION OF SECTION 18-7-406; OR 18-7-402; KEEPING A PLACE OF CHILD PROSTITUTION, IN

SECTION 18.

In Colorado Revised Statutes, 16-11.7-102, amend (3) introductory portion, (3)(n), (3)(q), (3)(s), and (3)(t); and add (3)(t.5) as follows:

16-11.7-102. Definitions.

As used in this article 11.7, unless the context otherwise requires:

(3) "Sex offense" means any OF THE FOLLOWING felony or misdemeanor offense described in this subsection (3) as follows OFFENSES:

(n) Soliciting for child prostitution SOLICITING FOR COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-402; C.R.S.;

(q) Keeping a place of child prostitution KEEPING A PLACE OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-404; C.R.S.;

(s) Inducement of child prostitution INDUCEMENT OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-405.5;

C.R.S.;

(t) Patronizing a prostituted child ENGAGING IN COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-406; C.R.S.;

(t.5) AS EACH OF THE FOLLOWING OFFENSES EXISTED PRIOR TO JULY 1, 2026: SOLICITING FOR CHILD PROSTITUTION, IN VIOLATION OF SECTION VIOLATION OF SECTION 18-7-404; INDUCEMENT OF CHILD PROSTITUTION, IN VIOLATION OF SECTION 18-7-405.5; OR PATRONIZING A PROSTITUTED CHILD, IN VIOLATION OF SECTION 18-7-406;

18-7-402; KEEPING A PLACE OF CHILD PROSTITUTION, IN

SECTION 19. In Colorado Revised Statutes, 16-13-303, amend (1) introductory portion and (1)(g); and add (1)(g.1) as follows:

16-13-303. Class 1 public nuisance.

(1) Every building or part of a building, including the ground upon which it is situate and all fixtures and contents thereof, every vehicle, and any real property shall be IS deemed a class 1 public nuisance when:

(g) Used for prostitution of a child, as defined in section 18-7-401, C.R.S. AS IT EXISTED PRIOR TO JULY 1, 2026, or used as a place where the commission of ANY OF THE FOLLOWING, AS THEY EXISTED PRIOR TO JULY 1, 2026, OCCURRED: Soliciting for child prostitution, as defined in section 18-7-402; C.R.S., pandering of a child, as defined in section 18-7-403, C.R.S., keeping a place of child prostitution, as defined in section 18-7-404; C.R.S., pimping of a child, as defined in section 18-7-405, C.R.S., or inducement of child prostitution, as defined in section 18-7-405.5; C.R.S., occurs;

(g.1) USED AS A PLACE WHERE THE COMMISSION OF ANY OF THE FOLLOWING OCCURS: SOLICITING FOR COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, AS DEFINED IN SECTION 18-7-402; PANDERING OF A CHILD, AS DEFINED IN SECTION 18-7-403; KEEPING A PLACE OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, AS DEFINED IN SECTION 18-7-404;

PIMPING OF A CHILD, AS DEFINED IN SECTION 18-7-405; OR INDUCEMENT OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, AS DEFINED IN SECTION

SECTION 20. In Colorado Revised Statutes, 16-22-102, amend (9)(n), (9)(q), (9)(s), and (9)(t); and add (9)(t.5) as follows:

16-22-102. Definitions.

As used in this article 22, unless the context otherwise requires:

(9) "Unlawful sexual behavior" means any of the following offenses or criminal attempt, conspiracy, or solicitation to commit any of the following offenses:

(n) Soliciting for child prostitution SOLICITING FOR COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-402; C.R.S.;

(q) Keeping a place of child prostitution KEEPING A PLACE OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-404; C.R.S.;

(s) Inducement of child prostitution INDUCEMENT OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-405.5;

C.R.S.;

(t) Patronizing a prostituted child ENGAGING IN COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-406; C.R.S.;

(t.5) AS EACH OF THE FOLLOWING OFFENSES EXISTED PRIOR TO JULY 1, 2026: SOLICITING FOR CHILD PROSTITUTION, IN VIOLATION OF SECTION VIOLATION OF SECTION 18-7-404; INDUCEMENT OF CHILD PROSTITUTION, IN VIOLATION OF SECTION 18-7-405.5; OR PATRONIZING A PROSTITUTED CHILD, IN VIOLATION OF SECTION 18-7-406;

18-7-402; KEEPING A PLACE OF CHILD PROSTITUTION, IN

SECTION 21. In Colorado Revised Statutes, 16-22-108, amend (2.5)(c) as follows: 16-22-108. Registration - procedure - frequency - place change of address - fee.

(2.5) (c) For purposes of this section, "child sex crime" means:

(I) Sexual assault on a child, as described in section 18-3-405;

C.R.S.; sexual assault on a child by one in a position of trust, as described in section 18-3-405.3; C.R.S.; unlawful sexual contact, as described in section 18-3-404 (1.5); C.R.S.; enticement of a child, as described in section 18-3-305; C.R.S.; aggravated incest, as described in section 18-6-302 (1)(b); C.R.S.; human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2); C.R.S.; sexual exploitation of children A CHILD, as described in section 18-6-403; C.R.S.;

procurement of a child for sexual exploitation, as described in section 18-6-404; C.R.S.; soliciting for child prostitution SOLICITING FOR COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, as described in section 18-7-402; C.R.S.; pandering of a child, as described in section 18-7-403;

C.R.S.; procurement of a child, as described in section 18-7-403.5;

C.R.S.; keeping a place of child prostitution KEEPING A PLACE OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, as described in section 18-7-404; C.R.S.; pimping of a child, as described in section 18-7-405;

C.R.S.; inducement of child prostitution INDUCEMENT OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, as described in section 18-7-405.5;

C.R.S.; patronizing a prostituted child ENGAGING IN COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, as described in section 18-7-406; C.R.S.; internet luring of a child, as described in section 18-3-306; C.R.S.; internet sexual exploitation of a child, as described in section 18-3-405.4; C.R.S.;

wholesale promotion of obscenity to a minor, as described in section 18-7-102 (1.5); C.R.S.; promotion of obscenity to a minor, as described in section 18-7-102 (2.5); C.R.S.; sexual assault, as described in section 18-3-402 (1)(d) and (1)(e); C.R.S.; OR sexual assault in the second degree as it existed prior to July 1, 2000, as described in section 18-3-403 (1)(e) and (1)(e.5); C.R.S.;

(II) EACH OF THE FOLLOWING OFFENSES, AS THEY EXISTED PRIOR TO JULY 1, 2026: SOLICITING FOR CHILD PROSTITUTION, IN VIOLATION OF SECTION VIOLATION OF SECTION 18-7-404; INDUCEMENT OF CHILD PROSTITUTION, IN VIOLATION OF SECTION 18-7-405.5; OR PATRONIZING A PROSTITUTED CHILD, IN VIOLATION OF SECTION 18-7-406; or 18-7-402; KEEPING A PLACE OF CHILD PROSTITUTION, IN

(III) Criminal attempt, conspiracy, or solicitation to commit any of the acts specified in this paragraph (c) SUBSECTION (2.5)(c). SECTION 22. In Colorado Revised Statutes, 18-1.3-101, amend (7) introductory portion and (7)(i) as follows:

18-1.3-101. Pretrial diversion - appropriation - repeal.

(7) Notwithstanding any other provision of this section, an individual accused of any of the following sexual offenses is not eligible for participation in a diversion program established in a jurisdiction that receives state moneys MONEY for the creation or operation of diversion programs pursuant to this section:

(i) Any child prostitution AN offense in part 4 of article 7 of this title TITLE 18.

SECTION 23.

In Colorado Revised Statutes, 18-1.3-1003, amend (5)(a)(X) as follows:

18-1.3-1003. Definitions.

As used in this part 10, unless the context otherwise requires:

(5) (a) "Sex offense" means any of the following offenses:

(X) ENGAGING IN COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, AS DESCRIBED IN SECTION 18-7-406, OR patronizing a prostituted child, as described in section 18-7-406, AS IT EXISTED PRIOR TO JULY 1, 2026;

SECTION 24. In Colorado Revised Statutes, 18-3-411, amend (1) as follows: 18-3-411.

Sex offenses against children - limitation for commencing proceedings - evidence - statutory privilege - definition.

(1) As used in this section, "unlawful sexual offense" means:

(a) Enticement of a child, as described in section 18-3-305; sexual assault, as described in section 18-3-402, when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault in the first degree, as described in section 18-3-402, as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault in the second degree, as described in section 18-3-403 (1)(a), (1)(b), (1)(c), (1)(d), (1)(g), or (1)(h), as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age, or as described in section 18-3-403 (1)(e), as it existed prior to July 1, 2000, when the victim is less than fifteen years of age and the actor is at least four years older than the victim; unlawful sexual contact, as described in section 18-3-404 (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), or (1)(g), when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault in the third degree, as described in section 18-3-404 (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), or (1)(g), as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault on a child, as described in section 18-3-405; sexual assault on a child by one in a position of trust, as described in section 18-3-405.3;

aggravated incest, as described in section 18-6-302; human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2); sexual exploitation of a child, as described in section 18-6-403; procurement of a child for sexual exploitation, as described in section 18-6-404; indecent exposure, as described in section 18-7-302; soliciting for child prostitution SOLICITING FOR COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, as described in section 18-7-402; pandering of a child, as described in section 18-7-403; procurement of a child, as described in section 18-7-403.5; keeping a place of child prostitution KEEPING A PLACE OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, as described in section 18-7-404; pimping of a child, as described in section 18-7-405;

inducement of child prostitution INDUCEMENT OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, as described in section 18-7-405.5; patronizing a prostituted child ENGAGING IN COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, as described in section 18-7-406; class 4 felony internet luring of a child, as described in section 18-3-306 (3); internet sexual exploitation of a child, as described in section 18-3-405.4; OR unlawful electronic sexual communication, as described in section 18-3-418;

(b) EACH OF THE FOLLOWING OFFENSES, AS THEY EXISTED PRIOR TO JULY 1, 2026: SOLICITING FOR CHILD PROSTITUTION, IN VIOLATION OF SECTION VIOLATION OF SECTION 18-7-404; INDUCEMENT OF CHILD PROSTITUTION, IN VIOLATION OF SECTION 18-7-405.5; OR PATRONIZING A PROSTITUTED CHILD, IN VIOLATION OF SECTION 18-7-406; or 18-7-402; KEEPING A PLACE OF CHILD PROSTITUTION, IN

(c) Criminal attempt, conspiracy, or solicitation to commit any of the acts specified in this subsection (1). SECTION 25. In Colorado Revised Statutes, 18-3-412, amend (1) as follows: 18-3-412. Habitual sex offenders against children - indictment or information - verdict of the jury. (1) For the purpose of this section, "unlawful sexual offense" means:

(a) Sexual assault, as described in section 18-3-402, when the victim at the time of the commission of the act is a child less than fifteen years of age, sexual assault in the first degree, as described in section 18-3-402, as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age;

sexual assault in the second degree, as described in section 18-3-403 (1)(a), (1)(b), (1)(c), (1)(d), (1)(g), or (1)(h), as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age, or as described in section 18-3-403 (1)(e), as it existed prior to July 1, 2000, when the victim is less than fifteen years of age and the actor is at least four years older than the victim;

unlawful sexual contact, as described in section 18-3-404 (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), or (1)(g), when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault in the third degree, as described in section 18-3-404 (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), or (1)(g), as it existed prior to July 1, 2000, when the victim at the time of the commission of the act is a child less than fifteen years of age; sexual assault on a child, as described in section 18-3-405;

sexual assault on a child by one in a position of trust, as described in section 18-3-405.3; aggravated incest, as described in section 18-6-302;

human trafficking of a minor for sexual servitude, as described in section 18-3-504 (2); sexual exploitation of a child, as described in section 18-6-403; procurement of a child for sexual exploitation, as described in section 18-6-404; soliciting for child prostitution SOLICITING FOR COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, as described in section 18-7-402; pandering of a child, as described in section 18-7-403;

procurement of a child, as described in section 18-7-403.5; keeping a place of child prostitution KEEPING A PLACE OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, as described in section 18-7-404; pimping of a child, as described in section 18-7-405; inducement of child prostitution INDUCEMENT OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, as described in section 18-7-405.5; patronizing a prostituted child OR ENGAGING IN COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, as described in section 18-7-406;

(b) EACH OF THE FOLLOWING OFFENSES, AS THEY EXISTED PRIOR TO JULY 1, 2026: SOLICITING FOR CHILD PROSTITUTION, IN VIOLATION OF SECTION VIOLATION OF SECTION 18-7-404; INDUCEMENT OF CHILD PROSTITUTION, IN VIOLATION OF SECTION 18-7-405.5; OR PATRONIZING A PROSTITUTED CHILD, IN VIOLATION OF SECTION 18-7-406; or 18-7-402; KEEPING A PLACE OF CHILD PROSTITUTION, IN

(c) Criminal attempt, conspiracy, or solicitation to commit any of the acts specified in this subsection (1). SECTION 26. In Colorado Revised Statutes, 18-12-108, amend (7)(u) as follows:

18-12-108. Possession of weapons by previous offenders.

(7) In addition to a conviction for felony crime as defined in section 24-4.1-302 (1), a felony conviction or adjudication for one of the following felonies prohibits a person from possessing, using, or carrying upon the person a firearm as defined in section 18-1-901 (3)(h) or any other weapon that is subject to this article 12 pursuant to subsection (1) or (3) of this section:

(u) KEEPING A PLACE OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, IN VIOLATION OF SECTION 18-7-404, AND keeping a place of child prostitution in violation of section 18-7-404, AS IT EXISTED PRIOR TO JULY

SECTION 27. In Colorado Revised Statutes, 18-17-103, amend (5)(b) introductory portion and (5)(b)(VI) as follows:

18-17-103. Definitions.

As used in this article 17, unless the context otherwise requires:

(5) "Racketeering activity" means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce, or intimidate another person to commit:

(b) Any violation of the following provisions of the Colorado statutes or any criminal act committed in any jurisdiction of the United States that, if committed in this state, would be a crime under the following provisions of the Colorado statutes:

(VI) Offenses relating to morals, as defined in sections 18-7-102 (wholesale promotion of obscenity or promotion of obscenity), 18-7-203 (pandering), 18-7-206 (pimping), 18-7-402 (soliciting for child prostitution COMMERCIAL SEXUAL ACTIVITY WITH A CHILD), 18-7-403 (pandering of a child), 18-7-404 (keeping a place of child prostitution COMMERCIAL SEXUAL ACTIVITY WITH A CHILD), and 18-7-405 (pimping of a child), AND THE OFFENSES IN SECTIONS 18-7-402, 18-7-404, AND 18-7-405, AS THOSE SECTIONS EXISTED PRIOR TO JULY 1, 2026;

SECTION 28. In Colorado Revised Statutes, 24-4.1-302, amend (1)(ll) as follows:

24-4.1-302. Definitions.

As used in this part 3, and for no other purpose, including the expansion of the rights of any defendant:

(1) "Crime" means any of the following offenses, acts, and violations as defined by the statutes of the state of Colorado, whether committed by an adult or a juvenile:

(ll) Child prostitution, in violation of section 18-7-401, C.R.S.;

soliciting for child prostitution SOLICITING FOR COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-402; C.R.S.;

procurement of a child for sexual exploitation, in violation of section 18-6-404; C.R.S.; pimping of a child, in violation of section 18-7-405;

C.R.S.; inducement of child prostitution INDUCEMENT OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-405.5;

C.R.S.; or patronizing a prostituted child ENGAGING IN COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-406; C.R.S.

SOLICITING FOR CHILD PROSTITUTION, IN VIOLATION OF SECTION 18-7-402, AS IT EXISTED PRIOR TO PROSTITUTION, IN VIOLATION OF SECTION 18-7-405.5, AS IT EXISTED PRIOR TO JULY 1, 2026; OR PATRONIZING A PROSTITUTED CHILD, IN VIOLATION OF

SECTION 18-7-406, AS IT EXISTED PRIOR TO JULY 1, 2026;

JULY 1, 2026; INDUCEMENT OF CHILD

SECTION 29. Effective date - applicability. This act takes effect July 1, 2026, and applies to offenses committed on or after said date.

SECTION 30.

Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.