Colorado would become first state to remove all criminal penalties for prostitution under bill brought by group of Democrats

While prostitution is legal in Nevada at licensed brothels in certain counties, and Maine decriminalized the selling of sexual services, no state has fully removed the criminal penalties for prostitution

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This story was produced as part of the Colorado Capitol News Alliance. It first appeared at coloradosun.com.

By Jesse Paul, Colorado Sun

olorado would become the first state to fully remove criminal penalties for prostitution among consenting adults if the legislature passes a bill this year proposed by a group of Democrats.

Senate Bill 97, which was introduced this week, would erase the state crimes of prostitution, soliciting for prostitution, patronizing a prostitute and keeping a place of prostitution.

While prostitution is legal in Nevada at licensed brothels in certain counties, and in 2023 Maine decriminalized the selling of sexual services, no state has fully legalized prostitution.

In Maine, for instance, while selling sex is no longer illegal, paying for sex remains illegal. That’s called the “Nordic model” — or the “end-demand model” — and has been adopted by a handful of countries.

In Colorado, Senate Bill 97 wouldn’t just erase the state offenses for commercial sexual activity. It would also prohibit local laws against prostitution and soliciting for prostitution.

“I don’t think this is something that we should shy away from because it’s uncomfortable,” said state Sen. Nick Hinrichsen, a Pueblo Democrat who is a lead sponsor of the bill. “I am convinced that the (current) outcomes for individuals who are are involved in sex work are really harmful, and I think it’s doing a disservice to them — it’s doing a disservice to our communities. It’s not making us any safer.”

It’s unclear if the bill will have enough support to pass the legislature, let alone its first committee hearing at the Capitol, which hasn’t been scheduled yet. Republicans are sure to fight the proposal.

If the bill is approved by state lawmakers, Gov. Jared Polis could also be a hurdle to the measure becoming law. The governor’s office did not immediately respond to a request for comment.

“I’ve opened up conversations with the governor — haven’t gotten any solid answers yet,” Hinrichsen said. “I’ve started having conversations with colleagues. Obviously, I would not say this is the easiest bill I’ve ever carried. My hope, and my ask of the governor’s office and my colleagues, is to listen to the testimony that’s going to come.”

In addition to Hinrichsen, the other lead sponsors of the bill are state Sen. Lisa Cutter, D-Jefferson County, and Democratic state Reps. Lorena Garcia of Adams County and Rebekah Stewart of Lakewood.

The ACLU of Colorado is supporting the measure.

Under current law, both a sex worker and their client can face criminal charges. Prostitution is generally a petty offense in Colorado and is punishable by a fine and/or up to 10 days in jail. Solicitation and patronization of a prostitute are also generally petty offenses with the same penalties.

Keeping a place of prostitution is a Class 2 misdemeanor in Colorado, punishable by up to 120 days in jail, in addition to possible fines.

Senate Bill 97 would not allow people to pay for sex with children, and it would not affect Colorado’s laws against human trafficking.

The bill would also keep in place Colorado’s law against pimping — defined as living off money earned by another person’s prostitution. Pimping is a Class 3 felony in Colorado punishable by up to 12 years in prison.

But the legislation would lift a law that prevents people convicted of sex-work offenses from becoming licensed massage therapists or facing discipline if they are already licensed and convicted of a prostitution-related crime.

Jesse Paul/Colorado SunDenver police ahead of protesters in Denver’s Capitol Hill neighborhood on June 6, 2020.

Finally, it would remove prostitution from the factors that could lead a building to be deemed a public nuisance.

Hinrichsen said he brought the bill after having conversations with a constituent who is a sex worker. He said he was skeptical at first, but the more he talked with her the more he was convinced that a policy change was needed.

Hinrichsen said he explored trying to replicate Maine’s model in Colorado, but became persuaded that it was less safe for sex workers, who often want to know their client’s identities and background to run safety checks. The Nordic-model has led to increased enforcement against people who patronize sex workers, Hinrichsen said, driving them into the shadows and making them less willing to share identifying information with sex workers.

“I want to differentiate between decriminalization and legalization,” he said. “We’re simply removing the legal penalties for it. When we think of legalized schemes, we think of Amsterdam, we think of Nevada. Those are problematic because they end up creating a two-tiered system: one where you have legal protections and coverage, and one where there isn’t. We actually tend to see more trafficking in the underground and in the black market in those places.”

The bill hasn’t been scheduled yet for its first hearing. It was assigned to the Senate Judiciary Committee, which has a 5-2 Democratic majority.

Hinrichsen is one of the Democrats on the Judiciary Committee. State Sens. Dylan Roberts, a Frisco Democrat, and Mike Weissman, an Aurora Democrat, who are on the committee, said they haven’t reviewed the measure yet and couldn’t comment.

If passed and signed into law, the legislation would take effect immediately.

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Colorado Capitol Alliance

This story was produced by the Capitol News Alliance, a collaboration between KUNC News, Colorado Public Radio, Rocky Mountain PBS, and The Colorado Sun, and shared with Rocky Mountain Community Radio and other news organizations across the state. Funding for the Alliance is provided in part by the Corporation for Public Broadcasting.