CRS 18-7-403 is the Colorado law that prohibits the pandering of a child, which is defined as pressuring or causing a minor under 18 years old to engage in prostitution. This crime is a felony carrying years in prison and sex offender registration.
Section 18-7-403 (1) of the Colorado criminal code provides:
Any person who does any of the following for money or other thing of value commits pandering of a child:
(a) Inducing a child by menacing or criminal intimidation to commit prostitution; or
(b) Knowingly arranging or offering to arrange a situation in which a child may practice prostitution.
In this article, our Denver criminal defense attorneys will discuss:
- 1. What is the pandering of a child?
- 2. How is pandering different from pimping?
- 3. What are the penalties for pandering of a child?
- 4. What are the defenses?
1. What is the pandering of a child?
Pandering a child in Colorado means to either:
- pressure a minor under 18 through threats to perform sex acts in exchange for money (or something of value); or
- arrange for a minor under 18 to perform sex acts in exchange for money (or something of value)
You can be convicted of pandering even if you yourself never have sexual relations with the child or receive proceeds from any acts of prostitution.1
2. How is pandering different from pimping?
Pandering is the proper name for the crime commonly thought of as pimping. Pimping is actually a related crime that involves knowingly living off the earnings of a prostitute.
Colorado’s law against pimping of a child, 18-7-405 C.R.S., punishes people who derive their support in whole or in part from money or anything else of value earned by a child prostitute.2
3. What are the penalties for pandering of a child?
Pandering a child by menacing or criminal intimidation is a Colorado class 2 felony. Penalties can include:
- 8-24 years in prison, and
- A fine of $5,000-$1,000,000.
Knowingly arranging, or offering to arrange, a situation in which a child may practice prostitution is a Colorado class 3 felony. Penalties can include:
- 4-12 years in prison, and
- A fine of $3,000-$750,000.
Additionally, any conviction for pandering of a child will result in mandatory registration as a Colorado sex offender.3
4. What are the defenses?
Common defenses to Colorado charges of pandering of a child prostitute can include (but are not limited to):
- The child was not a prostitute,
- You did not know the child was a prostitute,
- You did not make the introduction,
- You did not menace or intimidate the child, or
- The police engaged in misconduct, such as entrapment.
It is NOT a defense that you did not know that the child was under 18 – even if they looked older and lied about their age.4
Colorado Legal Defense Group
4047 Tejon Street
Denver, CO 80211
(303) 222-0330