Colorado § 18-7-406 - Engaging in commercial sexual activity with a child.

§ 18-7-406. Engaging in commercial sexual activity with a child.

(1) A person who performs any of the following with a child commits engaging in commercial sexual activity with a child:

(a) Engages in commercial sexual activity with a child; or

(b) Enters or remains in a place for commercial sexual activity with a child with intent to engage in commercial sexual activity with a child.

(2) Engaging in commercial sexual activity with a child is a class 3 felony. The court shall sentence a person convicted of engaging in commercial sexual activity with a child to the department of corrections for a term of at least the minimum of the presumptive range for a class 3 felony, as set forth in section 18-1.3-401.

Source: L. 79: Entire part RC&RE, p. 741, § 1, effective May 31. L. 2026: Entire section amended, (SB 26-015), ch. 335, p. 2034, § 9, 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

Patronizing a prostituted child includes, in part, "an act which is prostitution ... by a child", whereas inducement of child prostitution involves "an act which is prostitution by a child". Because patronizing a prostituted child has a harsher penalty than inducement of child prostitution, charging a defendant with both inducement and patronizing due to prostitution by a child violates a defendant's right to equal protection under the law. People v. Dominguez, 2024 COA 32, 551 P.3d 1205.

Offense of patronizing a child under subsection (1) is not unconstitutionally vague. Subsection (1)(a) requires that a defendant perform one of the prohibited acts with a child. The plain language of the statute makes clear that the actions of a child alone do not constitute an offense under that subsection. People v. Houser, 2020 COA 128, 490 P.3d 863.

The intent behind the crime of patronizing a prostituted child is to punish those people who either profit from or pay for sex with a child. People v. Madden, 111 P.3d 452 (Colo. 2005).

The crime of patronizing a prostituted child requires an exchange of something of value, a commercial transaction. It is precisely this exchange that distinguishes this crime from that of sexual assault. People v. Madden, 111 P.3d 452 (Colo. 2005).

Charging defendant with patronizing a prostituted child violated defendant's right to equal protection under the state constitution because the same conduct or more culpable conduct than conduct engaged in by defendant is proscribed by other statutes with lighter sentences. Defendant was convicted of patronizing a prostituted child for engaging in "prostitution of a child" by inducing the child into prostitution with others or inducing her by coercion or threat or intimidation to allow others to perform sexual acts in exchange for money. Patronizing a prostituted child is subject to an indeterminate sentence, which is a harsher sentence than for the crimes of pandering of a child and inducement of child prostitution, which could be charged for the same conduct. People v. Maloy, 2020 COA 71, 465 P.3d 146.

Defendant's convictions for pimping of a child and patronizing a prostituted child did not violate defendant's state constitutional right to equal protection as applied to him. The pimping of a child statute does not penalize the same or more culpable conduct proscribed by the harsher patronizing a prostituted child statute. People v. Price, 2023 COA 96, 542 P.3d 268.