Colorado Democrats introduce bill to legalize prostitution

Four Democratic lawmakers in Colorado have sponsored a bill that, if passed, would decriminalize "commercial consensual sex among consenting adults" in the state.

Colorado State Sens. Nick Hinrichsen of Pueblo County and Lisa Cutter of Jefferson County, as well as Colorado House Reps. Lorena Garcia, who serves Adams and Jefferson Counties, and Rebekah Stewart, who represents Jefferson County, sponsored SB26-097, which would repeal state criminal offenses of:

• Prostitution
• Soliciting for prostitution
• Keeping a place of prostitution
• Patronizing a prostitute
• A prostitute making a display
• Pandering when it involves knowingly arranging or offering to arrange a situation that permits a person to practice prostitution

The bill explains that the state will maintain criminal penalties for pandering that involves menacing or intimidation and for pimping. Anyone found guilty of such pandering is subject to a fine between $5,000 and $10,000 in addition to any penalty imposed by the court. Pimping, or living off the money of another person through commercial sexual activity, would remain a class three felony.

Minors who have been the victims of human trafficking would maintain immunity from criminal liability or juvenile delinquency proceedings. Any law enforcement officer who suspects human trafficking of a minor would still be required to immediately report it. Anyone who is the victim of human trafficking and seeks help from law enforcement, through 911 or through a medical provider, would still be immune from prosecution for prostitution.

Under the bill, criminal records would weigh heavily when determining if a license should be granted.

It reads, "For purposes of determining good moral character, the local licensing authority may consider the criminal record of all applicants, including, but not limited to, any conviction or guilty plea to a charge based on acts of dishonesty, fraud, deceit, OR sexual misconduct of any kind, whether or not the acts were committed in this state."

Each person purchasing commercial sex would be required to sign a written contract for services, including the names and addresses of the escort and patron, the type of services to be performed, the length of time, and the total amount of money that will be charged. Contracts must also include any special terms or conditions. Copies of all contracts will be kept by the escort bureau, submitted to the local licensing authority, and treated as open public records.

The bill states that local governments may adopt resolutions authorizing the licensure of massage facilities. If an owner, prospective owner, or employee has been convicted of a human trafficking related offense or money laundering, the license will be denied.

A review of numerous studies in high-income countries in which sex work is criminalized or legalized found that there is evidence to support that decriminalization has led to improved health and safety for sex workers, whereas criminalized areas saw higher instances of drug use and reduced condom use.

Colorado Republicans strongly opposed the proposition, stating that the bill would be "a green light for exploitation, commodifying bodies, and fueling human trafficking in a state already ranking high for it."

They also opposed the blanket law, which they said would override local control over related ordinances and prevent them from opting out.

Pitkin County Republicans chided the lawmakers considering the bill, stating they don't believe this is the right way to reduce the state's budget deficit.

In a post on Facebook, the group said, "Is this what they should be focused on? Do they think that the taxes from legal prostitution will be the answer to our $850 million budget deficit? Do we want our state to be funded by drugs and sex? If passed, we will join Nevada and be one of the only two states that have legalized prostitution. And by the way, the bill as written does not allow cities or counties to have their own criminal bans on such activity."

Weld County Commissioner Scott James accused the lawmakers of a "power grab" by the state against local authority. He said that it will be left to local governments to deal with the repercussions.

Currently, Nevada is the only state where prostitution is fully legalized. However, only certain counties permit it, and it is heavily regulated and typically limited to licensed brothels. Brothels in Nevada are subject to strict health and safety regulations. Maine partially decriminalized sex work in 2023.

According to the National Human Trafficking Hotline, the states with the highest number of identified cases in 2024 were California, Texas, Florida, New York and Illinois. According to the hotline's data, Colorado ranks 20th nationally in the number of human trafficking cases identified.

If passed, the bill would take effect on July 1, 2026.