CRS 18-7-402 – Soliciting for Child Prostitution

CRS 18-7-402 is the Colorado law that prohibits soliciting children for prostitution, which is arranging a meeting for the purpose of trading money for sex acts from a child under 18. Soliciting for prostitution is a class 3 felony carrying four to 12 years in prison, fines of $3,000 to $750,000, and sex offender registration.

CRS 18-7-402 states:

(1) A person commits soliciting for child prostitution if he:
(a) Solicits another for the purpose of prostitution of a child or by a child;
(b) Arranges or offers to arrange a meeting of persons for the purpose of prostitution of a child or by a child; or
(c) Directs another to a place knowing such direction is for the purpose of prostitution of a child or by a child.

(2) Soliciting for child prostitution is a class 3 felony.

In this article, our Colorado criminal defense attorneys discuss:

• 1. Elements
• 2. Soliciting vs. Patronizing
• 3. Penalties
• 4. Defenses
• 5. Immigration Consequences
• 6. Record Seals
• 7. Related Crimes
• Additional Resources

1. Elements

For you to be convicted of soliciting a child for prostitution in Colorado, prosecutors must prove beyond a reasonable doubt that either:

• You arranged – or offered to arrange – a meeting in order to pay a fee in exchange for sex acts with a minor under 18 years old; or
• You directed other people to a place for the purpose of engaging in child prostitution.¹

Therefore, you can be convicted of this crime even if no sex acts take place or no money changes hands.

2. Soliciting vs. Patronizing

Patronizing a prostituted child (CRS 18-7-406) is defined as either:

• Engaging in prostitution with a child; or
• Entering or remaining in a place of prostitution with intent to engage in prostitution with a child.²

Therefore, soliciting is more about planning for prostitution to occur. Patronizing is about actually engaging in prostitution.

3. Penalties

As a class 3 felony, soliciting a child for prostitution carries:

• 4 to 12 years in Colorado State Prison and
• $3,000 to $750,000 in possible fines and
• sex offender registration.³

Note that patronizing child prostitution is punished the same as soliciting child prostitution.⁴

Also note that soliciting an adult for prostitution (CRS 18-7-202) is only a petty offense in Colorado, carrying up to 10 days in jail and/or up to $300 in fines plus an extra fine of up to $5,000.⁵

4. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with sex crimes such as solicitation of child prostitution. In our experience, the following five defenses have proven very effective with prosecutors, judges, and juries.

1. The police had insufficient probable cause to arrest you.
2. You never solicited anyone, and your intentions were misunderstood.
3. You never arranged a meeting for the purpose prostitution, or you did not realize you were directing someone to a place where child prostitution was practiced.⁶
4. You were the victim of misidentification (such as the victim incorrectly choosing you out of a lineup).
5. You were not predisposed to soliciting child prostitution, and law enforcement entrapped you.

It is a partial defense to argue that the prostitute was at least 18 years old. If the district attorney cannot prove that the prostitute in the case was a child, then your charge should be reduced to soliciting another adult – which carries laxer penalties.

5. Immigration Consequences

Prostitution of a child is a crime of moral turpitude as well as an aggravated felony. Therefore non-citizens could be deported after serving the prison sentence.⁷

If you are an immigrant facing criminal charges in Colorado, it is vital you retain experienced counsel right away to try to get your charges dismissed or reduced to non-deportable offenses. Learn more about the criminal defense of immigrants.

6. Record Seals

A Colorado conviction for soliciting child prostitution can never be sealed. It remains on your criminal record forever.

However, there is no waiting period to get a record seal if your charge gets dismissed. That is why we fight so hard to get your case dropped.⁸

Learn how to seal criminal records in Colorado.

7. Related Crimes

• Enticement of a child under 15 (CRS 18-3-305)
• Human trafficking (CRS 18-3-503)
• Indecent exposure (CRS 18-7-302)
• Inducement of child prostitution (CRS 18-7-405.5)
• Internet luring of a child (CRS 18-3-306)
• Keeping a place of prostitution (CRS 18-7-204)
• Pandering of a child (CRS 18-7-403)
• Patronizing a prostitute (CRS 18-7-205)
• Pimping of a child (CRS 18-7-405)
• Procurement of a child (CRS 18-7-403.5)
• Prostitutes making display in a public place (CRS 18-7-207)
• Sexual assault (CRS 18-3-402)
• Sexual exploitation of a child (CRS 18-6-403)
• Soliciting child prostitution (CRS 18-7-402)
• Unlawful sexual contact (CRS 18-3-404)

Additional Resources

If you are a sex worker or are escaping sex trafficking, you can find help here:

• GenerateHope Colorado – Faith-based organization offering long-term programs to women who have been sexually trafficked.
• TESSA – Provides a safehouse for women, children, and other victims escaping abuse.
• Sex Workers Anonymous – Hotline and meetings for survivors.
• Covered Colorado – Provides housing, counseling, and education for sex trafficking survivors.
• Sex Workers Outreach Project-USA – National social justice network focused on ending violence and stigma through education and advocacy.

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Legal References