All variations of sex crimes in Colorado can carry significant consequences for the accused, including the crime of prostitution. With Colorado law enforcement increasing its efforts to identify and arrest those engaging in the act of prostitution, more and more individuals are coming face to face with these consequences every day. If you’re facing criminal charges for prostitution in Denver, Colorado, it’s imperative that you obtain the help of a skilled criminal defense attorney to help you in your legal fight.
Our experienced Denver criminal defense attorneys here at WeedenLaw have been fighting for the accused for years, and they understand what it takes to aggressively defend your rights, ensure you receive fair treatment, and obtain the best possible outcome for your case. To speak with a knowledgeable sex crimes attorney at our law office, contact us via telephone at (720) 307-4330 or by completing our online intake form today.
What is Considered Prostitution?
The definition of prostitution can be found in § 18-7-201 of the Colorado Revised Statutes. According to the text, a person may commit prostitution if they perform, offer, or agree 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 thing of value.”
In other words, if a person engages in sexual activity of any kind, including penetration, oral sex, anal sex, or masturbation in exchange for money or something else of value, they have committed the act of prostitution.
What is Soliciting Prostitution?
Under Colorado law, someone may be found guilty of solicitation of prostitution if they solicit (induce or convince another person to engage in criminal activity) someone else for sexual acts in return for money. This also refers to the solicitation of someone else for money in return for sexual acts. As such, both the alleged prostitute and the alleged patron of the prostitute can be guilty of solicitation of prostitution in Colorado, even before the actual sexual act and/or exchange of money has occurred.
Other Types of Prostitution Charges in Colorado
Pimping and Pandering
Pimping and pandering prostitution in Colorado are considered more severe in nature than the act of prostitution itself. Under C.R.S. § 18-7-206, pimping is defined as “any person who knowingly lives on or is supported or maintained in whole or in part by money or other thing of value earned, received, procured, or realized by any other person through prostitution.”
Meanwhile, pandering is defined in § 18-7-203 as “inducing a person by menacing or criminal intimidation to commit prostitution,” or “knowingly arranging or offering to arrange a situation in which a person may practice prostitution.” Pimping is generally considered a Class 3 felony (up to 12 years in prison), whereas pandering is considered a “wobbler,” meaning it may be considered either a misdemeanor or a felony depending on the situation. As such, pandering may be classified as either a Class 5 felony (up to three years in prison) OR a Class 3 misdemeanor (up to six months in jail).
Patronizing a Prostitute
Actually engaging in an act of prostitution, or entering a place with the intent to engage in a sexual act with a prostitute, is classified as patronizing a prostitute and is considered a Class 1 misdemeanor. So, while soliciting refers to the planning and intention of engaging in prostitution, patronizing refers to the actual completion of engaging in prostitution.
If the other person is under the age of 18, the potential penalties for prostitution become even steeper. The crime escalates to a Class 3 felony for solicitation of child prostitution, which carries between 4 to 12 years in prison, registration as a sex offender, and potentially up to $750,000 in fines if convicted.
Penalties for Prostitution in Colorado
Like most criminal charges, the penalties for a prostitution conviction depend on the unique circumstances surrounding the case. In general, the solicitation or patronizing of prostitution is a petty offense that is punishable by up to 10 days in jail and/or a fine between $300 to $5,000. The offense will also appear on the defendant’s criminal record.
In addition, anyone charged with prostitution in Colorado (or any other sex crime involving penetration, for that matter) must undergo HIV testing. If the defendant had knowledge of the HIV infection prior to engaging in prostitution, the penalty will increase. For patrons infected, the charges will be raised to a Class 6 felony. For prostitutes infected, it is a Class 5 felony.
How a Denver Prostitution Lawyer Can Help
Being convicted of prostitution or any related offense may not only carry the possibility of jail time and a potentially steep fine, but it may also put your future in jeopardy. Fortunately, there are multiple defenses that an experienced criminal defense attorney can utilize to defend you. A few common defenses for criminal offenses involving prostitution include the following:
- No sexual acts were offered or took place;
- Nothing of value was offered or accepted in exchange for any sexual acts;
- You were a victim of misunderstanding or false accusation; or
- You were a victim of entrapment.
Another defense for prostitution charges brought against the alleged prostitute themselves is that they were forced into sex work as victims of human trafficking. These days, human sex trafficking is far too common, and many sex workers find themselves in this position of no volition of their own. If you were forced into prostitution, your attorney will use this defense in order to avoid the charges brought against you, or, if you have already been convicted, remove them from your criminal record through the Colorado record sealing process.
When you equip the help of someone experienced in criminal defense law and prostitution charges in Colorado, you can rest easy knowing someone is fighting hard on your behalf. A dedicated Denver sex crimes attorney like Jeff Weeden will conduct a thorough investigation into your case and utilize the strongest defense strategy possible to help you avoid jail time and other potential penalties. He will guide you through the legal process from start to finish and ensure you are set up for the most favorable outcome possible.
Call Denver Criminal Defense Lawyer Jeff Weeden for Aggressive Defense for Your Prostitution-Related Crime
If you have been accused or charged with prostitution in the Denver metro area, it is in your best interest to obtain the help of a qualified Colorado sex crimes attorney like Jeff Weeden of WeedenLaw. With a thorough understanding of Colorado criminal law and how to concoct a solid defense strategy for those accused, Attorney Weeden offers your best chance at avoiding a conviction.
Our law office is proud to work with clients throughout Denver County, Adams County, Douglas County, Boulder County, Arapahoe County, and all the surrounding areas. For a free consultation regarding your criminal case, call the knowledgeable attorneys at WeedenLaw at (720) 307-4330 today.