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Colorado State - Prostitution

Prostitution is engaging in sexual activity for any form of compensation. While it is a crime throughout the United States the legal status of prostitution varies worldwide from legal to punishable by death. Prostitution which is commonly referred to as the sale of sex is usually considered a misdemeanor and is punishable usually with no more than a few days in jail.

The Colorado criminal statutes address the crime of prostitution in 18-7-201 as follows :

  1. Any person who performs or offers or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not his spouse in exchange for money or other thing of value commits prostitution.
    1. "Fellatio", as used in this section, means any act of oral stimulation of the penis.
    2. "Cunnilingus", as used in this section, means any act of oral stimulation of the vulva or clitoris.
    3. "Masturbation", as used in this section, means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.
    4. "Anal intercourse", as used in this section, means contact between human beings of the genital organs of one and the anus of another.
  3. Prostitution is a class 3 misdemeanor.

To convict a person of prostitution the State of Colorado must prove beyond a reasonable doubt the following:

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly,
  4. performed, offered to perform, or agreed to perform,
  5. any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse,
  6. with a person not the defendant's spouse,
  7. for money or anything of value.

To convict a person of solicitation of prostitution the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly,
  4. solicited another, arranged a meeting of persons, or offered to arrange a meeting of persons,
  5. for the purpose of prostitution. Or
  6. directed another to a place,
  7. knowing that such direction was for the purpose of prostitution.

To convict a person of solicitation of child prostitution the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly,
  4. solicited another, arranged a meeting of persons, or offered to arrange a meeting of persons,
  5. for the purpose of prostitution of a child under the age of 18 years or by a child under the age of 18 years. Or
  6. directed another to a place,
  7. knowing that such direction was
  8. for the purpose of prostitution of a child under the age of 18 years or by a child under the age of 18 years.

To convict a person of pandering the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. for money or anything of value,
  4. knowingly,
  5. arranged or offered to arrange a situation,
  6. in which a person may practice prostitution.

To convict a person of pandering by menacing the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. for money or anything of value,
  4. induced a person
  5. by menacing or criminal intimidation,
  6. to commit prostitution.

To convict a person of keeping a place of prostitution the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. had and/or exercised control over the use of any place,
  4. which offered seclusion or shelter for the practice of prostitution, and
  5. knowingly,
  6. granted or permitted the use of such place,
  7. for purposes of prostitution. Or
  8. knowingly permitted the continued use of such place for the purposes of prostitution,
  9. after becoming aware of facts or circumstances from which he should reasonably have known that the place was being used,
  10. for purposes of such prostitution.

To convict a person of patronizing a prostitute the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. engaged in an act of sexual intercourse or of deviate sexual conduct,
  4. with a prostitute,
  5. who was not the defendant's spouse. Or
  6. entered and/or remained in a place of prostitution,
  7. with intent to engage in an act of sexual intercourse or, deviate sexual conduct,
  8. with a person not the defendant's spouse.

To convict a person of pimping the State of Colorado must prove beyond a reasonable doubt the following :

  1. That the defendant,
  2. in the State of Colorado, at or about the date and place charged,
  3. knowingly,
  4. lived on, or was supported or maintained in whole or in part by money or anything of value,
  5. earned, received, procured, or realized by any other person,
  6. through prostitution.