A Guide to Solicitation of Prostitution Laws in Denver, Colorado

If you’re facing charges for solicitation of prostitution in Colorado, it’s crucial to understand the laws, potential penalties, and your rights. This guide provides an in-depth look at the solicitation laws in Colorado, helping you navigate the legal landscape during this challenging time.

What Constitutes Solicitation of Prostitution in Colorado?

In Colorado, solicitation of prostitution involves the act of knowingly offering, agreeing to, or engaging in sexual activities with another person in exchange for money or something else of value. Both the person offering and the person receiving the offer can be charged under the state’s prostitution laws.

Key Elements:

  • Intent: The individual must have the intention to engage in a sexual act in exchange for compensation.
  • Offer or Agreement: Merely proposing or agreeing to the transaction can constitute solicitation, even if the act is not completed.
  • Knowledge: The person must be aware that the transaction involves sexual activity for compensation.

Relevant Colorado Statutes

Several sections of the Colorado Revised Statutes (C.R.S.) Title 18, Article 7 cover solicitation-related offenses. It’s important to understand the key statutes involved:

C.R.S. § 18-7-202: Soliciting for Prostitution

This statute makes it illegal to knowingly solicit another person for the purpose of engaging in prostitution. Offering, arranging, or agreeing to engage in sexual activities for compensation is prohibited under this law.

C.R.S. § 18-7-201: Prostitution Prohibited

Under this statute, it is illegal to engage in sexual activities in exchange for money or other valuable consideration.

C.R.S. § 18-7-205: Patronizing a Prostitute

This statute criminalizes the act of engaging in sexual intercourse or sexual conduct with a prostitute or entering a place of prostitution with the intent to engage in such conduct.

C.R.S. § 18-7-402: Soliciting for Child Prostitution

Soliciting a minor for prostitution is treated as a Class 3 Felony, regardless of the minor’s age. This crime carries much harsher penalties than those for adult prostitution offenses.

C.R.S. § 18-7-406: Patronizing a Prostituted Child

Engaging in or agreeing to engage in sexual conduct with a minor for compensation is classified as a Class 3 Felony.

Penalties for Solicitation Charges

The penalties for solicitation of prostitution in Colorado depend on the specific offense, whether minors are involved, and if the defendant has prior convictions.

First-Time Offenders

  • Soliciting for Prostitution (C.R.S. § 18-7-202): This is classified as a Class 3 Misdemeanor, which is punishable by up to 6 months in jail and a fine of up to $750.

Repeat Offenders

  • Class 2 Misdemeanor: For repeat offenses, solicitation charges can escalate to a Class 2 Misdemeanor, with penalties including up to 12 months in jail and fines of up to $1,000.

Patronizing a Prostitute (C.R.S. § 18-7-205)

  • Class 1 Misdemeanor: This offense is classified as a Class 1 Misdemeanor, with penalties ranging from 6 to 18 months in jail and fines of $500 to $5,000.

Aggravated Cases Involving Minors

  • Soliciting for Child Prostitution (C.R.S. § 18-7-402): Soliciting a minor for prostitution is a Class 3 Felony, punishable by 4 to 12 years in prison and fines ranging from $3,000 to $750,000.
  • Patronizing a Prostituted Child (C.R.S. § 18-7-406): This is also a Class 3 Felony with similar penalties.

Additional Consequences

  • Mandatory Registration as a Sex Offender: Convictions involving minors may require mandatory sex offender registration, significantly affecting your future employment, housing opportunities, and social relationships.
  • Probation and Community Service: Depending on the case, courts may impose probation periods, community service, or mandatory participation in educational programs aimed at reducing recidivism.

Aggravating Factors That Can Enhance Penalties

Several factors can elevate the severity of penalties in solicitation cases:

  • Age of the Victim: Soliciting or patronizing a minor results in felony charges and significantly harsher penalties.
  • Use of Force or Coercion: If force, threats, or coercion are involved, charges can be elevated and sentences increased.
  • Prior Convictions: Individuals with previous prostitution-related convictions may face enhanced penalties, including mandatory jail time.

5 Legal Defenses Against Solicitation Charges

While facing solicitation charges can be daunting, there are several defenses that may apply depending on the circumstances:

Lack of Intent

If there is evidence showing that you had no intention to engage in prostitution or that the interaction was misunderstood, this may serve as a viable defense.

Entrapment

Law enforcement often uses undercover stings to catch individuals soliciting prostitution. If you were induced to commit a crime that you would not have otherwise committed, an entrapment defense may apply. This defense requires proving that the idea originated with law enforcement, not with you.

Insufficient Evidence

In some cases, the prosecution may not have sufficient evidence to prove solicitation beyond a reasonable doubt. Your defense attorney can challenge the credibility of witnesses or evidence used against you.

Mistake of Fact

If you were unaware that the person involved was offering or requesting sexual services in exchange for compensation, you may be able to argue a mistake of fact as a defense.

Constitutional Violations

If the police violated your constitutional rights during the investigation, such as conducting an unlawful search or seizure, your attorney may be able to suppress the evidence, which could weaken the prosecution’s case.

The Legal Process: What to Expect

Understanding the legal process can help you prepare for what’s ahead. The steps generally include:

Arrest and Booking

After your arrest, you will be taken to a police station for booking, where personal details are recorded. You may be held in custody or released on bail.

Initial Appearance

At your initial court appearance, a judge will inform you of the charges and your rights. Bail may be set during this appearance.

Arraignment

During arraignment, you will enter a plea of guilty, not guilty, or no contest. Your attorney will advise you on the best course of action.

Pre-Trial Proceedings

Pre-trial procedures include the exchange of evidence (discovery) between your attorney and the prosecution. Motions to suppress evidence or dismiss charges may be filed at this stage.

Trial

If your case goes to trial, both sides will present evidence and question witnesses. The prosecution must prove your guilt beyond a reasonable doubt for a conviction.

Sentencing

If convicted, the judge will impose a sentence based on Colorado’s sentencing guidelines and any aggravating or mitigating factors.

Why You Need a Criminal Defense Attorney

Facing solicitation charges without an experienced attorney puts you at risk for severe penalties. A criminal defense attorney can provide the experience and support necessary to defend your rights.

Experience & Knowledge of Colorado Law

An experienced attorney understands the complexities of solicitation laws and the most effective defense strategies to use in your case.

Protecting Your Rights

A defense attorney ensures that your constitutional rights are protected throughout the legal process, especially if law enforcement violated procedures during your arrest.

Building a Strong Defense

Your lawyer can investigate the facts of the case, challenge the prosecution’s evidence, and craft a defense strategy tailored to your specific situation.

Negotiating for Reduced Charges

Attorneys often negotiate with prosecutors to reduce charges, lessen penalties, or pursue alternative sentencing options like diversion programs.

Alternative Sentencing: Diversion Programs

For first-time offenders, some jurisdictions offer diversion programs, such as “John Schools,” which focus on educating individuals about the consequences of prostitution. Successfully completing these programs may result in reduced or dismissed charges.

Steps to Take If Charged

If you are charged with solicitation, taking the following steps can improve your chances of a favorable outcome:

  1. Remain Calm and Respectful: Interact respectfully with law enforcement to avoid complicating your situation.
  2. Exercise Your Right to Remain Silent: You have the right not to answer questions without an attorney present.
  3. Contact a Criminal Defense Attorney: The sooner you hire an attorney, the better your chances of achieving a favorable outcome.
  4. Preserve Evidence: Keep any communications or evidence that could be relevant to your defense.
  5. Follow Legal Advice: Adhere to your attorney’s advice to avoid further complications.

Conclusion

Solicitation of prostitution is a serious crime in Colorado with significant legal consequences. Understanding the laws, potential defenses, and the importance of securing legal representation is crucial for anyone facing these charges. An experienced criminal defense attorney can guide you through the legal process, protect your rights, and work toward the best possible outcome in your case.