Decriminalize Adult Commercial Sexual Activity

Second Regular Session Seventy-fifth General Assembly STATE OF COLORADO INTRODUCED SENATE BILL 26-097 LLS NO. 26-0432.02 Anna Petrini x5497 SENATE SPONSORSHIP Hinrichsen and Cutter, HOUSE SPONSORSHIP Garcia and Stewart R., Senate Committees House Committees Judiciary A BILL FOR AN ACT CONCERNING DECRIMINALIZING COMMERCIAL SEXUAL ACTIVITY AMONG CONSENTING ADULTS.

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 requires the statewide decriminalization of commercial sexual activity among consenting adults. It declares that decriminalizing commercial sexual activity among consenting adults is a matter of statewide concern and expressly preempts statutory or home rule city, town, city and county, or county ordinances, resolutions, regulations, or codes criminalizing commercial sexual activity. 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 repeals the state criminal offenses of prostitution, soliciting for prostitution, keeping a place of prostitution, patronizing a prostitute, and prostitute making display. It also repeals the offense of pandering when it involves knowingly arranging or offering to arrange a situation that permits a person to practice prostitution. The bill maintains current state criminal penalties for pandering that involves menacing or criminal intimidation and for pimping, but it changes terminology in those offenses by replacing "prostitution" with "commercial sexual activity". The bill makes various conforming amendments, including those related to: Reporting requirements, immunity, affirmative defenses, and criminal conviction records in human trafficking cases; public nuisances; certification by the peace officers standards and training board; and the regulation of escort bureaus and massage parlors. The bill eliminates a court program for persons charged with certain prostitution-related offenses.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, repeal and reenact, with amendments, 18-7-201 as follows:

18-7-201. Commercial sexual activity - legislative declaration.

(1) AN ADULT WHO ENGAGES IN CONSENSUAL COMMERCIAL SEXUAL ACTIVITY WITH ANOTHER ADULT DOES NOT VIOLATE STATE LAW OR AN ORDINANCE, RESOLUTION, REGULATION, OR CODE ADOPTED BY A STATUTORY OR HOME RULE CITY, TOWN, CITY AND COUNTY, OR COUNTY.

(2) THE GENERAL ASSEMBLY FINDS AND DECLARES THAT:

(a) CRIMINALIZING PROSTITUTION ENDANGERS ADULTS WHO ENGAGE IN CONSENSUAL SEXUAL ACTIVITY.

PUNISHMENT AMONG CONSENTING ADULTS ENGAGED IN COMMERCIAL SEXUAL ACTIVITY ENCOURAGES PHYSICAL, EMOTIONAL, AND STRUCTURAL VIOLENCE AGAINST SEX WORKERS, SUBJECTS THEM TO ECONOMIC CRIMES, AND INCREASES RESISTANCE TO HARM-REDUCTION PRACTICES. SEX WORKERS ARE LESS LIKELY TO REPORT THESE CRIMES OR SEEK MEDICAL HELP FOLLOWING AN ASSAULT.

FEAR OF CRIMINAL

(b) LIKE WORKERS IN OTHER FIELDS, SEX WORKERS DESERVE THE OPPORTUNITY TO SCREEN THEIR CLIENTS TO ENSURE A SAFE TRANSACTION.

CRIMINALIZING PROSPECTIVE CLIENTS TO SHARE PERSONAL INFORMATION, WHICH INHIBITS SEX WORKERS' ABILITY TO MAINTAIN THEIR SAFETY.

CLIENT CONDUCT CREATES A DISINCENTIVE FOR

(c) CONSENSUAL COMMERCIAL SEXUAL ACTIVITY IS DISTINCT FROM HUMAN TRAFFICKING, WHICH REMOVES THE AGENCY OF TRAFFICKED INDIVIDUALS AND COERCES THEM INTO OFTEN HARMFUL SEXUAL EXCHANGES. DECRIMINALIZING CONSENSUAL SEX WORK FOR ADULTS ENABLES LAW ENFORCEMENT TO FOCUS RESOURCES ON PERPETRATORS WHO INDUCE OTHERS TO PERFORM SEX ACTS BY FORCE, FRAUD, OR COERCION.

(d) DECRIMINALIZING COMMERCIAL SEXUAL ACTIVITY AMONG CONSENTING ADULTS IS A MATTER OF STATEWIDE CONCERN. SEX WORK TRANSACTIONS OFTEN OCCUR ONLINE, SPANNING MULTIPLE LOCAL GOVERNMENT JURISDICTIONS. SEX WORKERS DESERVE CLARITY AND CERTAINTY THAT THEY CAN SAFELY CONDUCT BUSINESS WITHIN THE STATE, REGARDLESS OF THE LOCAL GOVERNING AUTHORITY.

(e) THEREFORE, THIS SECTION PREEMPTS ANY ORDINANCE, RESOLUTION, REGULATION, OR CODE ADOPTED BY A STATUTORY OR HOME RULE CITY, TOWN, CITY AND COUNTY, OR COUNTY CRIMINALIZING CONSENSUAL COMMERCIAL SEXUAL ACTIVITY AMONG ADULTS.

SECTION 2. In Colorado Revised Statutes, add 18-7-200.3 as follows:

18-7-200.3. Definitions.

(1) AS USED IN THIS PART 2, UNLESS THE CONTEXT OTHERWISE REQUIRES:

(a) "ADULT" MEANS A PERSON WHO IS EIGHTEEN YEARS OLD OR OLDER.

(b) "ANAL INTERCOURSE" MEANS CONTACT BETWEEN HUMAN BEINGS OF THE GENITAL ORGANS OF ONE AND THE ANUS OF ANOTHER.

(c) "COMMERCIAL SEXUAL ACTIVITY" MEANS PERFORMING OR OFFERING OR AGREEING TO PERFORM ANY ACT OF SEXUAL INTERCOURSE, FELLATIO, CUNNILINGUS, MASTURBATION, OR ANAL INTERCOURSE WITH ANOTHER WHO IS NOT THE PERSON'S SPOUSE FOR WHICH THE PERSON GIVES, PROMISES, OR RECEIVES ANYTHING OF VALUE.

(d) "CUNNILINGUS" MEANS ANY ACT OF ORAL STIMULATION OF THE VULVA OR CLITORIS.

(e) "FELLATIO" MEANS ANY ACT OF ORAL STIMULATION OF THE PENIS.

(f) "MASTURBATION" MEANS STIMULATION OF THE GENITAL ORGANS BY MANUAL OR OTHER BODILY CONTACT EXCLUSIVE OF SEXUAL INTERCOURSE.

SECTION 3. In Colorado Revised Statutes, repeal 18-7-201.3 as follows: 18-7-201.3.

Affirmative defense - human trafficking - expungement of record protective order - definitions.

(1) A person charged with prostitution, as described in section 18-7-201 or any corresponding municipal code or ordinance, for an offense committed on or after July 1, 2015, which offense was committed as a direct result of being a victim of human trafficking, may assert as an affirmative defense that he or she is a victim of human trafficking as defined in subsection (4) of this section. To assert the affirmative defense pursuant to this subsection (1), the person charged with the offense must demonstrate by a preponderance of the evidence that he or she was a victim of human trafficking at the time of the offense. An official determination or documentation is not required to assert an affirmative defense pursuant to this subsection (1), but official documentation from a federal, state, local, or tribal government agency indicating that the defendant was a victim at the time of the offense creates a presumption that his or her participation in the offense was a direct result of being a victim.

(2) Repealed.

(3) At the request of a person who asserted the affirmative defense pursuant to subsection (1) of this section, the court may at any time issue a protective order concerning protecting the confidentiality of the person asserting the affirmative defense.

(4) As used in this section, unless the context otherwise requires:

(a) "Human trafficking" means an offense described in part 5 of article 3 of this title or any conduct that, if it occurred prior to the enactment of such part 5, would constitute an offense of human trafficking pursuant to part 5 of article 3 of this title.

(b) "Victim of human trafficking" means a "victim" as defined in section 18-3-502 (12). SECTION 4. In Colorado Revised Statutes, amend 18-7-201.4 as follows: 18-7-201.4. Victim of human trafficking of a minor for sexual servitude - provision of services - reporting.

If a law enforcement officer encounters a person who is under eighteen years of age OLD and who is engaging in any conduct that would be a violation of section 18-7-201, 18-7-202, 18-7-204, or 18-7-207, AS THE SECTIONS EXISTED PRIOR TO JULY 1, 2026, or a prostitution-related offense VIOLATION ORDINANCE EXISTED PRIOR TO JULY 1, 2026, and there is probable cause to believe that the minor is a victim of human trafficking of a minor for sexual servitude pursuant to section 18-3-504, the law enforcement officer or agency shall immediately report a suspected violation of human trafficking of a minor for sexual servitude to the appropriate county department of human or social services or the child abuse reporting hotline system created pursuant to section 26-5-111. The county department of human or social services shall subsequently follow the reporting requirements set forth in section 19-3-308 (4)(c).

CORRESPONDING COMMERCIAL-SEXUAL-ACTIVITY-RELATED pursuant to a county or municipal ordinance, AS THE

SECTION 5. In Colorado Revised Statutes, repeal 18-7-202 as follows:

18-7-202. Soliciting for prostitution.

(1) A person commits soliciting for prostitution if he:

(a) Solicits another for the purpose of prostitution; or

(b) Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or (c) Directs another to a place knowing such direction is for the purpose of prostitution.

(2) Soliciting for prostitution is a petty offense. A person who is convicted of soliciting for prostitution may be required to pay a fine of not more than five thousand dollars in addition to any penalty imposed by the court pursuant to section 18-1.3-501, which additional fine shall be transferred to the state treasurer, who shall transfer the same to the prostitution enforcement cash fund created in section 24-33.5-513.

SECTION 6. In Colorado Revised Statutes, amend 18-7-203 as follows:

18-7-203. Pandering.

(1) Any A person who does any of the following for money or other thing of value commits pandering: (a) Inducing a person by menacing or criminal intimidation to commit prostitution; or ENGAGE IN COMMERCIAL SEXUAL ACTIVITY. (b) Knowingly arranging or offering to arrange a situation in which a person may practice prostitution.

(2) (a) Pandering under paragraph (a) of subsection (1) PURSUANT TO SUBSECTION (1)(a) of this section is a class 5 felony. A person who is convicted of pandering under paragraph (a) of subsection (1) PURSUANT TO SUBSECTION (1)(a) of this section shall be required to pay a fine of not less than five thousand dollars and not more than ten thousand dollars in addition to any penalty imposed by the court pursuant to section 18-1.3-401. which additional fine shall be transferred to the state treasurer, who shall transfer the same to the prostitution enforcement cash fund created in section 24-33.5-513, C.R.S.

(b) Pandering pursuant to subsection (1)(b) of this section is a class 2 misdemeanor. A person who is convicted of pandering shall be required to pay a fine of not less than five thousand dollars and not more than ten thousand dollars in addition to any penalty imposed by the court pursuant to section 18-1.3-501, which additional fine shall be transferred to the state treasurer, who shall transfer the same to the prostitution enforcement cash fund created in section 24-33.5-513.

SECTION 7. In Colorado Revised Statutes, repeal 18-7-204 as follows:

18-7-204. Keeping a place of prostitution.

(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 prostitution if he:

(a) Knowingly grants or permits the use of such place for the purpose of prostitution; or

(b) Permits the continued use of such place for the purpose of prostitution after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution.

(2) Keeping a place of prostitution is a class 2 misdemeanor.

SECTION 8. In Colorado Revised Statutes, repeal 18-7-205 as follows:

18-7-205. Patronizing a prostitute.

(1) Any person who performs any of the following with a person not his spouse commits patronizing a prostitute: (a) Engages in an act of sexual intercourse or of deviate sexual conduct with a prostitute; or (b) Enters or remains in a place of prostitution with intent to engage in an act of sexual intercourse or deviate sexual conduct.

(2) Patronizing a prostitute is a petty offense. A person who is convicted of patronizing a prostitute may be required to pay a fine of not more than five thousand dollars in addition to any penalty imposed by the court pursuant to section 18-1.3-401 or 18-1.3-503, which additional fine shall be transferred to the state treasurer, who shall transfer the same to the prostitution enforcement cash fund created in section 24-33.5-513.

SECTION 9. In Colorado Revised Statutes, amend 18-7-206 as follows:

18-7-206. Pimping.

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 any other ANOTHER person through prostitution COMMERCIAL SEXUAL ACTIVITY commits pimping, which is a class 3 felony.

SECTION 10. In Colorado Revised Statutes, repeal 18-7-207 as follows:

18-7-207. Prostitute making display.

Any person who by word, gesture, or action endeavors to further the practice of prostitution in any public place or within public view commits a petty offense.

SECTION 11. In Colorado Revised Statutes, amend 18-7-209 as follows: 18-7-209.

Immunity from prostitution-related offenses - victims - human trafficking of a minor for involuntary servitude - human trafficking of a minor for sexual servitude.

If probable cause exists to believe that a minor charged with a prostitution-related activity pursuant to section 18-7-201, 18-7-202, 18-7-204, or 18-7-207, AS THE SECTIONS EXISTED PRIOR TO JULY 1, 2026, or a prostitution-related ACTIVITY-RELATED offense pursuant to a county or municipal ordinance, AS THE ORDINANCE EXISTED PRIOR TO JULY 1, 2026, was a victim of human trafficking of a minor for involuntary servitude, pursuant to section 18-3-503 (2), or human trafficking of a minor for sexual CORRESPONDING COMMERCIAL-SEXUAL- servitude, pursuant to section 18-3-504 (2), at the time of the offense being charged, the minor is immune from criminal liability or juvenile delinquency proceedings for such charges.

SECTION 12. In Colorado Revised Statutes, 12-235-108, amend (5) as follows:

License - requirements - denial of license application.

(5) Notwithstanding any provision of this section, the director may deny a license if the applicant has committed any act that would be grounds for disciplinary action under section 12-235-111 or if the director determines, subsequent to the criminal history record check, that the applicant was convicted of, pled guilty or nolo contendere to, or received a deferred sentence for a charge of unlawful sexual behavior as defined in human-trafficking-related offense as described in sections 18-3-503 and 18-3-504, whether or not the act was committed in Colorado.

section any prostitution-related offense, or a

SECTION 13. In Colorado Revised Statutes, 12-235-111, amend (1)(m) as follows:

12-235-111. Grounds for discipline - definitions.

(1) The director is authorized to take disciplinary action pursuant to section 12-235-112 against any person who has:

(m) Been convicted of, pled guilty or nolo contendere to, or received a deferred sentence for a charge of unlawful sexual behavior as defined in section 16-22-102, any prostitution-related offense, or any human-trafficking-related offense as described in sections 18-3-503 and 18-3-504, whether or not the act was committed in Colorado;

SECTION 14. In Colorado Revised Statutes, repeal 13-10-126.

SECTION 15. In Colorado Revised Statutes, 16-13-303, amend

(1) introductory portion and (1)(a) 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:

(a) Used as a public or private place of prostitution or used as a place where the commission of soliciting for prostitution, as defined in section 18-7-202, C.R.S.; pandering, as defined in section 18-7-203;

C.R.S.; keeping a place of prostitution, as defined in section 18-7-204, C.R.S.; pimping, as defined in section 18-7-206; C.R.S.; or human trafficking, as described in section 18-3-503 or 18-3-504, C.R.S., occurs;

SECTION 16. In Colorado Revised Statutes, 16-13-304, amend (1)(b) as follows:

16-13-304. Class 2 public nuisance.

(1) The following are deemed to be a class 2 public nuisance:

(b) Any public or private place or premises which THAT encourages professional gambling, unlawful use, sale, or distribution of imitation controlled substances, as defined in section 18-18-420 (3), C.R.S., drugs, controlled substances, as defined in section 18-18-102 (5), C.R.S., or other drugs the possession of which is an offense under the laws of this state, furnishing or selling intoxicating liquor to minors, furnishing or selling fermented malt beverages to persons under the age of twenty-one, solicitation for prostitution, or traffic in stolen property;

or

SECTION 17. In Colorado Revised Statutes, 18-1-410.7, amend (1)(c) as follows:

18-1-410.7. Vacating certain criminal convictions for victims of human trafficking.

(1) (c) This section does not apply to a conviction if the individual raised an affirmative defense described in section 18-7-201.3 or 18-3-504 (2.5) at trial and was still convicted after raising the defense.

SECTION 18. In Colorado Revised Statutes, 18-1-712.5, amend (2) and (4) as follows:

18-1-712.5. Immunity for sex workers and persons who are victims of human trafficking for sexual servitude and who suffer or report an assault - definition.

A person is immune from arrest and prosecution for prostitution as described in section 18-7-201, AS IT EXISTED PRIOR TO JULY 1, 2026, soliciting for prostitution as described in section 18-7-202, AS IT EXISTED PRIOR TO JULY 1, 2026, and a prostitute making display as described in section 18-7-207, AS IT EXISTED PRIOR TO JULY 1, 2026, if the person seeks assistance from a law enforcement officer, the 911 system, or a medical provider and if the evidence for the charge of prostitution, soliciting prostitution, or a prostitute making display was obtained as a result of the person seeking assistance, as a result of the need for assistance, or as a result of the reporting of assistance. This subsection (2) also applies to equivalent municipal charges and arrests, PURSUANT TO MUNICIPAL CODES OR ORDINANCES, AS THEY EXISTED PRIOR TO JULY 1,

(4) The immunity described in subsection (2) of this section for the offense of prostitution is not grounds for suppression of evidence in other criminal charges. Nothing in this section prohibits the prosecution of a person for offenses OR MUNICIPAL CODE OR ORDINANCE VIOLATIONS other than those listed in subsection (2) of this section, or to limit the ability of a district attorney or law enforcement officer to obtain or use evidence from a report, recording, or any other statement provided pursuant to subsection (2) of this section to prosecute an offense other than those listed in subsection (2) of this section. Nothing in this section prohibits the provision of immunity pursuant to other sections of law, as applicable, including section 18-1-711.

SECTION 19. In Colorado Revised Statutes, 24-31-305, amend (1.5)(a)(III) as follows: 24-31-305. Certification - issuance - renewal - revocation rules - definition. (1.5) (a) The P.O.S.T. board shall deny certification to any person who has been convicted of: (III) Any A misdemeanor in violation of sections 18-7-201, 18-7-202, 18-7-203, 18-7-204, 18-7-302 and 18-7-601; C.R.S.; SECTION 20. In Colorado Revised Statutes, 24-72-707, amend (1.5) as follows: 24-72-707. Sealing of criminal conviction records information for offenses committed by victims of human trafficking.

(1.5) A person charged with or convicted of prostitution, as described in section 18-7-201, AS IT EXISTED PRIOR TO JULY 1, 2026, or any corresponding municipal code or ordinance, which offense AS IT EXISTED PRIOR TO JULY 1, 2026, THAT was committed as a direct result of being a victim of human trafficking, as defined in section 18-7-201.3 (4), may file a motion with the court for a sealing of the person's records.

SECTION 21.

amend (2) as follows:

In Colorado Revised Statutes, 29-11.8-109, 29-11.8-109. Persons prohibited as licensees.

(2) For purposes of determining good moral character, the local licensing authority may consider the criminal record of all applicants, including, but not limited to, any conviction or guilty plea to a charge based on acts of dishonesty, fraud, deceit, OR sexual misconduct, or prostitution-related misconduct of any kind, whether or not the acts were committed in this state.

SECTION 22.

amend (2) as follows:

In Colorado Revised Statutes, 29-11.8-112, 29-11.8-112. Duties of escort bureau.

(2) The escort bureau shall provide to each escort patron a written contract for services. The contract shall MUST clearly state the name and address of the escort and customer, the type of services to be performed, the length of time such THE services shall ARE TO be performed, the total amount of money such THE services will cost the escort patron, and any special terms or conditions relating to the services to be performed. The contract shall include a statement in clear and concise language that prostitution is illegal in this state and that both parties to an act of prostitution may be punished by both fine and imprisonment and that no act of prostitution shall be performed in relation to the services for which contracted. Each contract shall MUST be numbered and utilized in numerical sequence by the escort bureau. The contract shall MUST be signed by the escort patron and a copy furnished to him or her THE PATRON. The escort bureau shall also retain copies of all such contracts, and THE ESCORT BUREAU SHALL TRANSMIT one copy of each such contract executed in any A calendar month shall be transmitted by the escort bureau to the local licensing authority no later than ten days after the last day of such THE month. The local licensing authority shall treat such THE contracts transmitted to them as open public records.

SECTION 23.

In Colorado Revised Statutes, 30-15-401.4, amend (4)(a)(IV)(C), (5)(b), and (5)(j) as follows:

30-15-401.4. Statewide policy to prevent the operation of illicit massage businesses - local regulation authorized - background checks required - legislative declaration - definitions.

(4) (a) If a local government adopts a resolution or ordinance to establish business licensure requirements for massage facilities as set forth in subsection (3)(a) of this section, the business licensure requirements may only include:

(IV) Allowing a licensing authority or a licensing authority's designee to deny an application if:

(C) The applicant or an owner, prospective owner, or employee has been convicted of or entered a plea of guilty or nolo contendere that is accepted by the court for a felony or misdemeanor for solicitation of a prostitute, as described in section 18-7-202; a human-trafficking-related offense, as described in section 18-3-503 or 18-3-504; money laundering, as described in section 18-5-309;

(5) A local government may adopt a resolution or ordinance to prohibit activities to prevent the operation of illicit massage businesses that engage in human trafficking-related offenses as described in sections 18-3-503 and 18-3-504. Prohibited activities include:

(b) Advertising to a prospective client that services, including prostitution, sexual acts, escort services, sexual services, or services related to human trafficking disguised as legitimate services are available;

(j) Permitting a person in a massage facility to make an agreement with an employee or contractor to engage in any prostitution-related COMMERCIAL-SEXUAL-ACTIVITY-RELATED offense in the massage facility;

or any other location;

SECTION 24. Effective date - applicability. This act takes effect July 1, 2026, and applies to conduct occurring on or after said date.

SECTION 25.

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.