2021 Colorado Code
Title 18 - Criminal Code
Article 7 - Offenses Relating to Morals
Part 2 - Prostitution
§ 18-7-202. Soliciting for Prostitution

1. A person commits soliciting for prostitution if he:
   1. Solicits another for the purpose of prostitution; or
   2. Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or
   3. Directs another to a place knowing such direction is for the purpose of prostitution.

2. [ ] Soliciting for prostitution is a class 3 misdemeanor. A person who is convicted of soliciting for prostitution 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 18-1.3-501, 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, C.R.S.

(2) [ ] Soliciting for prostitution is a petty offense. A person who is convicted of soliciting for prostitution 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 18-1.3-501 , 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 .

History. Source: L. 71: R&RE, p. 451, § 1. C.R.S. 1963: § 40-7-202 . L. 2011: (2) amended,(SB 11-085), ch. 257, p. 1128, § 3, effective August 10. L. 2021: (2) amended,(SB 21-271), ch. 462, p. 3193, § 265, effective March 1, 2022.

Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022.

For the legislative declaration in the 2011 act amending subsection (2), see section 1 of chapter 257, Session Laws of Colorado 2011.

Constitutionality. This section does not violate one's due process, equal protection, or constitutional privacy rights, and is neither vague nor overbroad. People v. Mason, 642 P.2d 8 (Colo. 1982).

There is no constitutionally protected right the exercise of which would be threatened by the legislative prohibition of soliciting, pandering, and pimping. People v. Mason, 642 P.2d 8 (Colo. 1982).

There is an element in pandering not necessarily present in pimping, i.e., the affirmative, knowing action of arranging or offering to arrange an assignation for the practice of prostitution by another; therefore, the two crimes are distinguishable and may entail different punishments. People v. Johnson, 195 Colo. 350 , 578 P.2d 226 (1978).

Court did not err by instructing the jury on the lesser included offense of soliciting for prostitution in a soliciting for child prostitution case. People v. Ross, 2019 COA 79 , 482 P.3d 452, aff'd on other grounds, 2021 CO 9, 479 P.3d 910.