Colorado’s Prostitution & Solicitation Laws – A Legal Guide
Colorado Revised Statute § 18-7-201 makes it a crime to commit prostitution, which is exchanging sexual acts for payment. Merely offering or agreeing to commit prostitution is illegal even if no sex took place and no payment changed hands.
Prostitution is generally a petty offense, carrying
up to $300 in fines and/or
up to 10 days in jail.
In some cases, the judge lets you complete a diversion program, in which your charge is dismissed once you complete treatment.
In this article, our Denver criminal defense attorneys focus on the charges that alleged sex workers face. If you are accused of being a customer (“john”), refer to our articles on soliciting prostitution and patronizing prostitution, which are also petty offenses. However, alleged pimps and panderers face far more serious charges.
Click on a topic to jump directly to that section:
CRS 18-7-201 is the law that makes prostitution illegal in the state of Colorado
1. Elements
For you to be convicted of prostitution under Colorado Revised Statutes 18-7-201, prosecutors must prove beyond a reasonable doubt the following three elements:
You performed – or offered or agreed to perform – certain sex acts in exchange for money or something else of value; and
Your customer was anyone other than your spouse; and
The sex acts included either:
sexual intercourse,
fellatio,
cunnilingus,
masturbation, or
anal intercourse.1
2. 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 and judges:
You did not offer sex acts listed in CRS 18-7-201.
You did not ask for anything of value in exchange for sex.
There was a misunderstanding where the “john” wrongly thought you were soliciting prostitution.
The payment you received was for something other than the sex.
You were entrapped by the police, such as during a sting operation.
3. 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.
Individual counties and cities (municipalities) may have their own prostitution ordinances and penalties, although they are typically similar to state law.
Note that prostitution is considered a crime involving moral turpitude (CIMT). This means that a conviction can prevent you from obtaining a professional license. Additionally, if you are a non-citizen, a conviction could result in deportation.2A violation of CRS 18-7-201 can result in a fine and/or jail time.
4. Diversion
If your Colorado prostitution case did not involve children or weapons, judges may grant you diversion for a first-time offense.
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.3
5. Record Seals
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.4 Learn how to seal Colorado criminal records.
6. Brothels
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.5 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. Related Offenses
The following table summarizes the elements and penalties of Colorado’s main prostitution crimes.
Prostitution Offense
Colorado Punishments
Prostitution (CRS 18-7-201)
Performing – or offering or agreeing to perform – sex acts for something of value.
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.
Taking money to arrange for someone to hire a prostitute.
Class 2 misdemeanor: up to $750 and/or 120 days in jail and an additional $5,000 to $10,000 fine.
or
Class 5 felony: 1 to 3 years in Prison and/or $1,00o to $100,000 and an additional $5,000 to $10,000 fine.
Committing an act that encourages or attempts to further the practice of prostitution in any public place (such as waving at a car passing by to get the driver’s attention).
Petty Offense:
a fine of up to $300 and/or
jail of up to 10 days.
Also see our related articles on soliciting a child for prostitution, patronizing a prostituted child, or pimping a child.
Note that it is no longer a 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.
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.
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.
Legal References
CRS 18-7-201. Prostitution prohibited. See also People v. Mason (Colo. 1982) 642 P.2d 8. Prior to March 1, 2022, prostitution was a class 3 misdemeanor carrying fines between $50 and $750 and/or jail up to 6 months for a first offense. SB21-271. See also People v. Price (Cal.App, 2023) 2023 COA 96; People v. Ross (2021) 479 P.3d 910.
