CRS 18-7-405.5 is the Colorado law prohibiting inducement of child prostitution, defined as persuading a minor under 18 years old to perform a sexual act for money or thing of value. Inducement of a child is a class 3 felony in Colorado punishable by four to 12 years in prison and/or $3,000 to $750,000 plus sex offender registration.
CRS 18-7-405.5 states:
Any person who by word or action, other than conduct specified in section 18-7-403 (1)(a), induces a child to engage in an act which is prostitution by a child, as defined in section 18-7-401 (6), commits inducement of child prostitution.
In this article, our Colorado criminal defense attorneys discuss:
- 1. What is inducement of child prostitution?
- 2. What are the penalties?
- 3. What are the best defenses?
- 4. Are there immigration consequences?
- 5. Can the criminal record get sealed?
- 6. Related crimes and sex offenses
1. What is inducement of child prostitution?
Colorado law defines inducement of child prostitution as using words or actions to urge a child (under 18 years of age) to perform sexual favors – or to agree to perform sexual favors – in exchange for money or some other form of payment.
Inducement for the purpose of prostitution is typically done by flattery, compliments, and promises of money. If the adult’s behavior crosses over to criminal intimidation or menacing (CRS 18-3-206), then the adult would instead face charges for pandering (CRS 18-7-403) – which is a more serious child sex crime than inducement.1
Inducing child prostitution is using words or actions to induce a minor into prostitution.
2. What are the penalties?
Inducement of child prostitution is a class 3 felony in Colorado, punishable by:
- 4 – 12 years in the Department of Corrections and/or $3,000 – $750,000 in fines; and
- sex offender registration.2
Note that if the defendant used criminal intimidation or menacing to induce the child into prostitution, then the district attorney would instead bring class 2 felony charges for pandering of a child. Penalties include:
- 8 – 24 years in Department of Corrections and/or $5,000 – $1,000,000 in fines; and
- sex offender registration.3
3. What are the best defenses?
Five potential defenses to Colorado inducement charges include:
- The defendant did not do or say anything to induce a child to engage in an act of prostitution;
- The child did not perform a sex act – or agree to engage in sexual activity – in exchange for money or something of value;3
- The “child” was 18 years old or older at the time of the alleged offense;
- The child or someone else falsely accused the defendant out of anger, revenge, or a misunderstanding; and/or
- There was police misconduct, such as entrapment, an illegal search or a coerced confession.
Ultimately the prosecutors have the burden to prove guilt beyond a reasonable doubt. If the state lacks enough evidence to meet this burden, then the charge should be dismissed.
Violating CRS 18-7-405.5 is a class 3 felony under Colorado criminal law.
4. What are the immigration consequences?
Inducing child prostitution is a deportable offense, as is any kind of child sexual abuse.4 Consequently, non-citizens facing these charges must retain experienced counsel right away to try to get the charges reduced to a non-deportable crime. Learn more about the criminal defense of immigrants.
5. Can the criminal record get sealed?
It is not possible to seal Colorado convictions of inducement of child prostitution. These convictions remain on the defendant’s criminal record forever.
But if the charges get dismissed, then the defendant can begin the record seal process immediately.5 Learn how to seal criminal records in Colorado.
6. Related crimes and sex offenses
- Soliciting a child for prostitution (CRS 18-7-402)
- Patronizing a prostituted child (CRS 18-7-406)
- Enticement of a child under 15 (CRS 18-3-305)
- Procurement of a child (CRS 18-7-403.5)
- Wholesale promotion of obscenity to a minor (CRS 18-7-102)
- Pimping of a child (CRS 18-7-405)
- Invasion of privacy for sexual gratification (CRS 18-3-405.6)
- Sexual exploitation of a child (CRS 18-6-403)
- Unlawful sexual contact (CRS 18-3-404)
- Sexual assault (CRS 18-3-402)
- Sex trafficking (CRS 18-3-504)
- Human trafficking (CRS 18-3-503)
- Indecent exposure (CRS 18-7-302)
- Public indecency (CRS 18-7-301)
- Keeping a place of child prostitution (CRS 18-7-204)
- Unlawful sexual conduct by a police officer (CRS 18-3-405.7)
- Child abuse (CRS 18-6-401)
- Domestic violence
- First degree assault (CRS 18-3-202)
- Second degree assault (CRS 18-3-203)
- Third degree assault (CRS 18-3-204)
If you or a loved one has been arrested, we invite you to contact our Colorado criminal defense lawyers for help.
Legal References
- Colorado Revised Statute / criminal code 18-7-405.5. See People v. Young, (Colo. 1985) 694 P.2d 841.
- Same. CRS 18-7-403.
- People v. Hansen, (Colo. App. 1985). 708 P.2d 468.
- 8 USC 1227.
- CRS 24-72-701-709.