§ 18-7-205 CRS – “Patronizing a Prostitute” – Colorado Law

Colorado law makes it a crime both to solicit a prostitute and also to patronize a prostitute. Patronizing means

1. actually engaging in sexual activity with a prostitute or
2. being present in a place of prostitution while intending to do so.

A conviction is a petty offense punishable by

• up to 10 days in jail and/or
• up to $300 in fines.

The language of the statute reads as follows:

§ 18-7-205. Patronizing a prostitute

(1) Any person who performs any of the following with a person not his spouse commits patronizing a prostitute:

   (a) Engages in an act of sexual intercourse or of deviate sexual conduct with a prostitute; or

   (b) Enters or remains in a place of prostitution with intent to engage in an act of sexual intercourse or deviate sexual conduct.

(2) Patronizing a prostitute is a petty offense. A person who is convicted of patronizing a prostitute may be required to pay a fine of not more than five thousand dollars in addition to any penalty imposed by the court pursuant to section 18-1.3-401 or 18-1.3-503, which additional fine shall be transferred to the state treasurer, who shall transfer the same to the prostitution enforcement cash fund created in section 24-33.5-513.

Below our Denver Colorado criminal defense lawyers will discuss:

• 1. What is patronizing a prostitute in Colorado?
• 2. How is patronizing different from soliciting a prostitute?
• 3. What are the penalties under CRS 18-7-205?
• 4. How can I fight the charges?
• 5. What are the immigration consequences?
• 6. How soon can the record be sealed?
• 7. Related Offenses

1. What is patronizing a prostitute?

Patronizing a prostitute occurs when you either:

1. Engage in sexual activity with a prostitute; or
2. Are present in a house of prostitution with the intent to have sexual relations with a prostitute.¹

More common names for a house of prostitution include

• brothel,
• whorehouse, or
• bordello.

Note that if the prostitute is under 18 years old, you will face the more serious crime of patronizing a prostituted child (CRS 18-7-406).

2. How is patronizing different from soliciting a prostitute?

The difference between soliciting and patronizing a prostitute is the difference between asking and getting.

A john commits solicitation of a prostitute (CRS 18–7–202) when he offers – or agrees to pay – money for sex.

By contrast, a john patronizes a prostitute under CRS 18-7-205 by actually engaging in a sexual act, or when the john enters or remains in a place of prostitution with the intent to engage in the sex act.²

3. What are the penalties?

Patronizing a prostitute is a petty offense in Colorado. The punishment is:

• Up to 10 days in jail, and/or
• A fine of up to $300.

You can also be fined up to an additional $5,000 for Colorado’s prostitution enforcement cash fund. But the good news is you will not have to register as a sex offender.³

It should be noted that Colorado law draws a big distinction between patronizing an adult versus a child prostitute. When the prostitute is a child, the offense becomes a class 3 felony carrying:

• 4 to 12 years in Colorado State Prison, and
• A fine of $3,000 to $750,000, and
• Registration as a sex offender.⁴

If you knew you had the AIDS virus HIV and transmitted it to the child, then your prison sentence becomes 12 years to life in prison.⁵

4. How can I fight the charges?

Depending on the case, ten potential defenses to patronizing a prostitute in Colorado include:

1. You did not engage in a sex act with the other person,
2. The other person was not a prostitute,
3. You honestly did not know that the other person was a prostitute,
4. You did not pay – and never agreed to pay – anything for the sex,
5. Any money that exchanged hands was for something separate from the sex,
6. You did not realize you were entering a place of prostitution,
7. You entered the place of prostitution for a purpose other than sex,
8. You were falsely accused or misidentified,
9. The police entrapped you in a prostitution sting, such as by posing as a prostitute or child prostitute in an online ad for “escorts”, and you had no predisposition to commit prostitution, or
10. The police discovered evidence through an illegal search.

If you are arrested, be sure to exercise your right to remain silent. Anything you say will be used against you. Rely on your attorney to do the talking.

5. What are the immigration consequences?

Prostitution is arguably a crime involving moral turpitude, so non-citizens convicted of patronizing a prostitute could potentially be deported.⁶ This is why any non-citizen charged with a crime should retain legal counsel right away to fight to get the charges lessened or dropped. Learn more about the criminal defense of immigrants.

Patronizing a prostitute is a petty offense in Colorado.

6. How soon can the record be sealed?

A conviction for patronizing a prostitute can be sealed from your criminal record one (1) year after the case ends. Though if the charge gets dismissed, there is no waiting period.⁷ Learn more about how to seal a Colorado criminal record.

7. Related charges

Prostitutes Making Display

Prostitutes making display (CRS 18-7-207) is using words, gestures, or actions to encourage – or attempt to further – prostitution in any public place. A petty offense, it carries up to 10 days in jail and/or up to $300 in fines.

Keeping a House of Prostitution

Keeping a house of prostitution (CRS 18-7-204) is maintaining any place that offers seclusion or shelter to practice prostitution. A class 2 misdemeanor, it carries up to 120 days in jail and/or up to $750 in fines.

Pimping

Pimping (CRS 18-7-206) is knowingly living off a prostitute’s earnings. A class 3 felony, it carries 4 to 12 years in prison, and/or a fine of $3,000 to $750,000.

Pandering

Pandering (CRS 18-7-203) is using menacing or criminal intimidation to induce a person to commit prostitution. This is a class 5 felony, carrying 1 to 3 years in prison and/or a fine of $1,000 to $100,000. Pandering also comprises arranging for a hooker and a john to meet for prostitution. This is a class 2 misdemeanor, carrying up to 120 days in jail and/or up to $750 in fines.

Legal References