Procurement of a Child – Colorado Law – CRS 18-7-403.5

Colorado Revised Statute 18-7-403.5 CRS prohibits “procurement of a child.” This is intentionally providing – or offering to provide – a child under 18 years old for the purpose of prostitution. Procurement of a child is a class 3 felony carrying four to 12 years in prison, $3,000 to $750,000 in fines, and sex offender registration. In this article, our Colorado criminal defense attorneys discuss:

• 1. Elements of the Crime
• 2. Penalties
• 3. Defenses
• 4. Related Offenses
• Additional Reading

1. Elements of the Crime

For you to be convicted in Colorado of “procurement of a child,” prosecutors have to prove beyond a reasonable doubt these six elements of the jury instructions:

1. In Colorado,
2. you intentionally
3. gave, transported, provided, or made available – or offered to give, transport, provide, or make available –
4. a child under 18 years old,
5. to another person,
6. for the purpose of prostitution of the child.

An example would be taking a child to a pimp, knowing that the pimp would use them as a prostitute. This is still a crime even if the child consents to be “procured.”¹

2. Penalties

Procurement of a child for prostitution is a class 3 felony in California, carrying:

• 4 to 12 years in prison, and/or
• A fine of $3,000 to $750,000.

Judges cannot grant probation in lieu of a prison sentence. You would also have to register as a sex offender for 20 years. Plus, you lose your gun rights for life.²

3. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with sex crimes such as procuring a child for prostitution. In our experience, the following three defenses have proven very effective with judges, juries, and prosecutors at getting these charges reduced or dismissed.

1. You had no intent to offer a child for prostitution. Perhaps you believed you were bringing the child to a shelter or a camp, and you honestly did not know what the child was going to be used for.
2. The “child” was 18 or older. However, even if the victim was of age, you could still face related charges for facilitating prostitution.
3. You were entrapped. If you never would have committed procurement but for the police’s pressure or threats, then criminal charges should be dropped.

4. Related Offenses

• Child abuse — 18-6-401, C.R.S.
• Human trafficking for sexual servitude — 18-3-504 C.R.S.
• Kidnapping –18-3-301 and 18-3-302 C.R.S.
• Pimping of a child — 18-7-405 C.R.S.
• Procurement of a Child for Sexual Exploitation — 18–6–404 C.R.S.
• Sexual Exploitation of a Child — 18–6–403 C.R.S.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Child Abuse by Another Name: Why the Child Welfare System Is the Best Mechanism in Place to Address the Problem of Juvenile Prostitution – Hofstra Law Review.
• Child Prostitute or Victim of Trafficking – University of St. Thomas Law Journal.
• Criminalizing Buyers under Child Sex-Trafficking Laws as a Critical Protection for Child Victims – Wake Forest Law Review.
• An Essay on the Production of Youth Prostitution – Maine Law Review.
• Victimized Children Who Are Prostituted Are Not Criminals: A Call For Reform – Government Law Review.

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Legal References