Colorado Politics

Colorado Democrats seek to legalize prostitution by July

A group of Democrats is seeking to legalize prostitution in Colorado, arguing that current penalties “endanger” consenting adults.

The proposal, if enacted, would decriminalize prostitution statewide and preempt local ordinances that ban it. If signed into law, it will take effect this July, making Colorado one of two states to legalize prostitution. The other state is Nevada.

The bill would maintain the felony classification for pimping, though it would eliminate the word “prostitution” in the state laws and change it to “commercial sexual activity.”

The bill — sponsored by Senate Majority Whip Nick Hinrichsen, Senate Assistant Majority Leader Lisa Cutter and Reps. Lorena Garcia and Rebekah Stewart — said repealing prostitution laws is necessary because sex workers are less likely to report crimes and “criminalizing client conduct” inhibits their ability to vet them.

The proposal is the latest push in the country to move away from penalizing sex workers and individuals who pay for sex. It has been assigned to the Senate Judiciary Committee.

Proponents of decriminalizing prostitution have framed it as a move toward safeguarding the lives and health of sex workers, while arguing it will not lead to a hike in human trafficking. In Colorado, the proposed legislation said the “fear of criminal punishment” encourages “physical, emotional and structural violence” against sex workers.

Critics have countered that the research shows prostitutes — the majority of which are women — have worse outcomes on practically any physical or psychological metric. They also directly tie prostitution to human trafficking, citing statistics showing that the vast majority of trafficked individuals end up as prostitutes and the average “entry” age is 13.

Outside of Nevada, prostitution is illegal, though some efforts are afoot to decrimininalize it.

The state of Maine eliminated the crime of engaging in prostitution, though its law also elevated soliciting a child for commercial sexual exploitation from a misdemeanor into a felony with a maximum punishment of five years in state prison.

Supporters of the legislation in Maine said the law makes a distinction between decriminalizing engaging in prostitution and penalizing the act of soliciting and paying for sex.

Current Colorado law immunizes a person from arrest and prosecution for prostitution when seeking police or medical assistance.

Indeed, the Colorado proposal differs from the Maine legislation in several respects.

In addition to repealing the crime of prostitution, the Colorado bill eliminates the offense of soliciting for prostitution and the prohibition against patronizing a prostitute. The proposal repeals the ban against making a display to engage in prostitution, currently a petty offense. Using a building or place for prostitution would no longer be a public nuisance.

The proposal also eliminates a provision in the escort services statutes that declares prostitution as illegal.

Also under the measure, local governments may no longer deny applications for a business license when the applicant has been convicted of soliciting prostitution. The governments will also be prohibited from banning the advertising of prostitution and escort services.

The Associated Press contributed to this article.


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