Colorado Politics

CSI study reviews impacts of Colorado’s mandatory sex‑trafficking sentencing measure

A new report by the think-tank Common Sense Institute examines what could happen if Colorado voters approve Initiative No. 108, which establishes mandatory life sentences for offenders convicted of sexual trafficking of a minor.

The measure is backed by Protect Kids Colorado, which describes itself as a “broad coalition of parents, grandparents and concerned citizens coming together to protect kids and strengthen families in Colorado.”

The current penalty for human trafficking of a minor for sexual or involuntary servitude is a Class 2 felony, carrying a mandatory minimum of eight years in prison and up to 24 years, with eligibility for parole and fines that can reach $1 million. Six states now impose mandatory life sentences without parole for sexual trafficking of minors.

Colorado has the 15th-highest human trafficking rate in the country and an average of 64% of human trafficking victims are children, according to the CSI report. Last year, Colorado reported 60 human trafficking victims under 19 years old, the third-highest number on record.

The report estimates that the initiative would increase Department of Corrections costs by about $50,000 in its first year, with costs rising by another $50,000 in subsequent years.

Proponents of the measure argue the state has been too lax on sex offenders and that harsher sentences would both deter crime and ensure victims aren’t having to live in fear of their perpetrator getting out of prison.

“A prostituted child is left with a mandatory life sentence of multiple traumas, PTSD, mental and behavioral difficulties,” said Karen Pennington of Concerned Women for America during a committee hearing during the most recent legislative session.

Pennington said the perpetrator, meanwhile, gets probation in many cases and therefore becomes free to continue to prey on children.

Opponents argued that judges should be the ones to decide sentences based on each unique case. Others have said mandatory life sentences could be used against survivors of human trafficking or individuals trying to help trafficking victims.

Last session, state Rep. Scott Bottoms, R-Colorado Springs, introduced House Bill 1082, the “Children are not for Sale Act,” which sought to impose the same penalties now proposed in the ballot measure Colorado residents will decide in November. That measure failed.

“I think one of the most egregious things that can happen to a society is the rape of children, the trafficking of children, the abuse of children,” Bottoms said. “I strongly believe that children are the most innocent among us, and I’m not OK with anybody touching them or doing anything to them inappropriately.”

Lawmakers passed Senate Bill 015, which drew bipartisan support and which increases penalties for certain crimes involving the solicitation, pandering and pimping of a child for commercial sexual activity. The bill also creates a new Class 3 felony for the crime of internet luring of a child with intent to meet them for commercial sexual activity.

“Children deserve protection, dignity and justice,” said state Sen. Dylan Roberts, D-Frisco, who sponsored the bill. “This bill is a targeted approach to address a gap in current law that can allow those who have sexually exploited children to avoid jail time. It creates a new floor, strengthening protections for children and ensuring accountability for those who buy children for sex. It also modernizes language to make it clear that children are never at fault in these cases.”

Dylan Roberts
Dylan Roberts (Marianne Goodland, Colorado Politics)

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