2021 Colorado Code
Title 18 - Criminal Code
Article 7 - Offenses Relating to Morals
Part 4 - Child Prostitution
§ 18-7-402. Soliciting for Child Prostitution

1. A person commits soliciting for child prostitution if he:
   1. Solicits another for the purpose of prostitution of a child or by a child;
   2. Arranges or offers to arrange a meeting of persons for the purpose of prostitution of a child or by a child; or
   3. 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.

History. Source: L. 79: Entire part RC&RE, p. 741, § 1, effective May 31.

The statutory elements of the general inchoate offense of solicitation do not apply to the separate substantive offense of soliciting for child prostitution. The offense of soliciting for child prostitution is an offense in and of itself with its own designated penalty level. People v. Jacobs, 91 P.3d 438 (Colo. App. 2003).

The person seeking the illicit act and the person who acts as the agent between the person seeking the illicit act and the child prostitute are both guilty of solicitation of prostitution under this section. People v. Emerterio, 819 P.2d 516 (Colo. App. 1991), rev'd on other grounds, 839 P.2d 1161 (Colo. 1992).

Subsections (a) and (b) require proof that the defendant's purpose was child prostitution, not that the defendant's purpose was prostitution and that the victim was a child. Neither the victim's age nor the defendant's knowledge of, or belief concerning, the victim's age is an element of soliciting for child prostitution. People v. Ross, 2021 CO 9, 479 P.3d 910.

Solicitation for child prostitution is a specific intent crime. The phrase “for the purpose of” is the equivalent of “intentionally”. The prosecution must present evidence that the defendant had the specific intent of soliciting for child prostitution. People v. Ross, 2019 COA 79 , 482 P.3d 452, aff'd on other grounds, 2021 CO 9, 479 P.3d 910 (disagreeing with People v. Emerterio annotated below).

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.

The necessary mens rea to prove solicitation of a child for prostitution is “knowingly”. People v. Emerterio, 819 P.2d 516 (Colo. App. 1991), rev'd on other grounds, 839 P.2d 1161 (Colo. 1992).

Abandonment and renunciation is not an affirmative defense to soliciting for child prostitution. People v. Jacobs, 91 P.3d 438 (Colo. App. 2003).