Is Prostitution a Felony in Colorado?

A prostitution charge in Colorado can destroy your career, relationships, and freedom in an instant. While basic prostitution starts as a petty offense, related charges like pimping, pandering, or trafficking are serious felonies carrying years in prison.

Before you talk to police or accept a plea deal, understand exactly what you’re up against.

Prostitution is Typically a Misdemeanor Offense in Colorado

To answer the main question: prostitution itself is not typically a felony in Colorado. However, certain related activities can be charged as felonies. Let’s break this down further to get a clearer picture.

In Colorado, the act of prostitution – defined as performing or offering or agreeing to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not their spouse in exchange for money or other things of value – is classified as a Class 3 misdemeanor under Colorado Revised Statutes § 18-7-201.

As a misdemeanor, the penalties for prostitution can include:

• Up to 6 months in jail
• A fine of up to $750
• Or both jail time and a fine

While these penalties are serious, they fall short of felony-level consequences. However, it’s crucial to understand that repeated offenses can lead to more severe punishments.

Related Offenses That Can Be Felonies

While prostitution itself is a misdemeanor, several related offenses can be charged as felonies in Colorado. These include:

Pimping

Knowingly living on or being supported or maintained by money or other thing of value earned, received, procured, or realized by any other person through prostitution is a Class 3 felony (C.R.S. § 18-7-206). This can result in:

• 4 to 12 years in prison
• A fine of $3,000 to $750,000
• Or both

Pandering

Inducing a person by menacing or criminal intimidation to commit prostitution or arranging or offering to arrange a situation in which a person may practice prostitution is a Class 5 felony (C.R.S. § 18-7-203). Penalties can include:

• 1 to 3 years in prison
• A fine of $1,000 to $100,000
• Or both

Keeping a Place of Prostitution

Maintaining a place where prostitution is regularly carried on is a Class 2 misdemeanor for a first offense, but subsequent offenses can be charged as a Class 1 misdemeanor (C.R.S. § 18-7-204).

Human Trafficking for Sexual Servitude

This is perhaps the most serious related offense. Knowingly selling, recruiting, harboring, transporting, transferring, isolating, enticing, providing, receiving, or obtaining by any means another person for the purpose of coercing that person to engage in commercial sexual activity is a Class 3 felony (C.R.S. § 18-3-504). If the victim is a minor, it becomes a Class 2 felony. Penalties can be severe, including:

• 4 to 12 years in prison for a Class 3 felony
• 8 to 24 years for a Class 2 felony
• Substantial fines
• Mandatory sex offender registration

The Impact of Felony vs. Misdemeanor Charges

Understanding the difference between felony and misdemeanor charges is crucial when discussing prostitution laws:

1. Severity of Punishment: Felonies generally carry much harsher sentences, including longer prison terms and higher fines.
2. Long-term Consequences: A felony conviction can have more severe long-term impacts on a person’s life, affecting employment opportunities, housing options, and civil rights like voting or owning firearms.
3. Criminal Record: While both felonies and misdemeanors appear on criminal records, felonies are often viewed more seriously by employers and others conducting background checks.
4. Probation and Parole: Felony convictions often involve longer probation periods and more stringent conditions.

The Broader Context: Understanding Prostitution Laws

While it’s important to understand the letter of the law, it’s equally crucial to consider the broader context of prostitution laws and their enforcement:

1. Public Health Concerns: Laws around prostitution often aim to address public health issues, including the spread of sexually transmitted infections.
2. Human Trafficking: Many prostitution-related laws, especially felony offenses, are designed to combat human trafficking and protect vulnerable individuals from exploitation.
3. Evolving Perspectives: There’s ongoing debate about the effectiveness and fairness of current prostitution laws, with some advocating for decriminalization or legalization to improve safety and health outcomes for sex workers.
4. Enforcement Challenges: Law enforcement faces challenges in distinguishing between consensual sex work and exploitation, which can sometimes lead to unintended consequences in the application of these laws.

What to Do If You’re Facing Prostitution-Related Charges in Colorado

If you or someone you know is facing charges related to prostitution in Colorado, it’s crucial to take the situation seriously, regardless of whether it’s a misdemeanor or felony charge. Here are some steps to consider:

1. Remain Silent: Exercise your right to remain silent. Anything you say can be used against you in court.
2. Seek Legal Representation: Contact an experienced criminal defense attorney as soon as possible. An attorney who understands Colorado’s prostitution laws can provide invaluable guidance and work to protect your rights.
3. Understand Your Charges: Make sure you clearly understand what you’re being charged with – whether it’s prostitution itself or a related offense that might be a felony.
4. Consider All Options: Your attorney can help you understand all your legal options, which might include plea bargains, diversion programs, or fighting the charges in court.
5. Address Underlying Issues: If substance abuse or economic hardship played a role, consider seeking help for these issues. This can sometimes positively influence the legal process.

Get Discreet Legal Help for Your Prostitution Case

While prostitution itself is typically a misdemeanor in Colorado, several related offenses can be charged as felonies, carrying much more severe penalties. The law in this area is complex and nuanced, reflecting broader societal concerns about public health, exploitation, and human trafficking.

If you’re facing any charges related to prostitution, it’s crucial to seek experienced legal help. At Dawson Law Office, we understand the sensitivity and complexity of these cases. We’re committed to providing robust, non-judgmental defense while helping our clients navigate this challenging area of law.

Remember, everyone has the right to a fair trial and a strong defense, regardless of the nature of the charges. Don’t let confusion about the law or fear of judgment prevent you from seeking the legal help you need. Contact Dawson Law Office today for a confidential consultation, and let us help you understand your rights and options under Colorado law.