Colorado § 18-7-402 - Soliciting for commercial sexual activity with a child - sentencing.

§ 18-7-402. Soliciting for commercial sexual activity with a child - sentencing.

(1) A person commits soliciting for commercial sexual activity with a child if the person:

(a) Knowingly solicits a child for commercial sexual activity;

(b) Knowingly solicits another for commercial sexual activity with a child;

(c) Arranges or offers to arrange a meeting of persons knowing the meeting will facilitate commercial sexual activity with a child; or

(d) Directs another to a place knowing the direction will facilitate commercial sexual activity with a child.

(2) (a) Soliciting for commercial sexual activity with a child is a class 3 felony.

(b) A person convicted of soliciting for commercial sexual activity with a child shall be sentenced in accordance with the provisions of section 18-1.3-401 and this subsection (2).

(c) If the court sentences the person to a term of probation as permitted by section 18-1.3-202, the court shall order as a condition of probation, in addition to the requirements of section 18-1.3-1007 (1)(a), that the person serve three hundred sixty-four days imprisonment in the county jail. During the mandatory period of imprisonment, the person is not eligible for deductions of their sentence pursuant to section 17-26-109, including for trusty prisoner status pursuant to section 17-26-109 (1)(b); except that the person receives credit for the time served in custody for the offense prior to the conviction. During the mandatory period of imprisonment, the court does not have discretion to employ any sentencing alternatives described in section 18-1.3-106.

Source: L. 79: Entire part RC&RE, p. 741, § 1, effective May 31. L. 2026: Entire section amended, (SB 26-015), ch. 335, p. 2031, § 3, effective July 1.

Editor's note: Section 26 of chapter 335 (SB 26-015), Session Laws of Colorado 2026, provides that the act changing this section applies to offenses committed on or after July 1, 2026.

Cross references: For the legislative declaration in SB 26-015, see section 1 of chapter 335, Session Laws of Colorado 2026.

ANNOTATION

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 sub nom. People v. San Emerterio, 839 P.2d 1161 (Colo. 1992).

Subsections (1)(a) and (1)(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.

The culpable mental state of soliciting for child prostitution under subsections (1)(a) and (1)(b) is "knowingly". Although these subsections do not expressly include a culpable mental state, the culpable mental state of knowingly must be imputed. Subsections (1)(a) and (1)(b) proscribe certain conduct when it is accompanied by a particular attendant circumstance, but they do not require a result. The culpable mental state of knowingly is defined in terms of conduct, the attendant circumstances, the result of the offense, or a combination of any of the three. The culpable mental state of "intentionally" is defined only in terms of the result of the offense. Therefore, knowingly is the culpable mental state that best fits in subsections (1)(a) and (1)(b). Randolph v. People, 2025 CO 44, 570 P.3d 1022.

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, and overruled on other grounds in Randolph v. People, 2025 CO 44, 570 P.3d 1022.

Jury instruction need not explicitly state mens rea as long as it informs jurors about governing law. A jury can infer the mental state of a defendant without instruction to do so. People v. Dominguez, 2024 COA 32, 551 P.3d 1205.

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