Offenses Relating to Morals

C.R.S. tit. 18, art. 7
in effect

C.R.S. § 18-7-101 Definitions

18-7-101. Definitions. As used in this part 1, unless the context otherwise requires: (1) "Material" means anything tangible that is capable of being used or adapted to arouse interest, whether through the medium of reading, observation, sound, or in any other manner, but does not include an actual three-dimensional obscene device. (1.5) "Minor" means a person under eighteen years of age. (2) "Obscene" means material or a performance that: (a) The average person, applying contemporary community standards, would find that taken as a whole appeals to the prurient interest in sex; (b) Depicts or describes: (I) Patently offensive representations or descriptions of ultimate sex acts, normal or perverted, actual or simulated, including sexual intercourse, sodomy, and sexual bestiality; or (II) Patently offensive representations or descriptions of masturbation, excretory functions, sadism, masochism, lewd exhibition of the genitals, the male or female genitals in a state of sexual stimulation or arousal, or covered male genitals in a discernibly turgid state; and (c) Taken as a whole, lacks serious literary, artistic, political, or scientific value. (3) "Obscene device" means a device including a dildo or artificial vagina, designed or marketed as useful primarily for the stimulation of human genital organs. (4) "Patently offensive" means so offensive on its face as to affront current community standards of tolerance. (5) "Performance" means a play, motion picture, dance, or other exhibition performed before an audience. (6) "Promote" means to manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise, or to offer or agree to do the same. (6.5) "Prurient interest" means a shameful or morbid interest. (7) "Simulated" means the explicit depiction or description of any of the types of conduct set forth in paragraph (b) of subsection (2) of this section, which creates the appearance of such conduct. (8) "Wholesale promote" means to manufacture, issue, sell, provide, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, or to offer or agree to do the same for purpose of resale. (9) If any of the depictions or descriptions of sexual conduct described in this section are declared by a court of competent jurisdiction to be unlawfully included herein, this declaration shall not invalidate this section as to other patently offensive sexual conduct included herein.

C.R.S. § 18-7-102 Obscenity

18-7-102. Obscenity. (1) (a) Except as otherwise provided in subsection (1.5) of this section, a person commits wholesale promotion of obscenity if, knowing its content and character, such person wholesale promotes or possesses with intent to wholesale promote any obscene material. (b) Wholesale promotion of obscenity is a class 1 misdemeanor. (1.5) (a) A person commits wholesale promotion of obscenity to a minor if, knowing its content and character, such person wholesale promotes to a minor or possesses with intent to wholesale promote to a minor any obscene material. (b) Wholesale promotion of obscenity to a minor is a class 6 felony. (2) (a) Except as otherwise provided in subsection (2.5) of this section, a person commits promotion of obscenity if, knowing its content and character, such person: (I) Promotes or possesses with intent to promote any obscene material; or (II) Produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity. (b) Promotion of obscenity is a class 2 misdemeanor. (2.5) (a) A person commits promotion of obscenity to a minor if, knowing its content and character, such person: (I) Promotes to a minor or possesses with intent to promote to a minor any obscene material; or (II) Produces, presents, or directs an obscene performance involving a minor or participates in a portion thereof that is obscene or that contributes to its obscenity. (b) Promotion of obscenity to a minor is a class 6 felony. (3) Repealed. (4) A person who possesses six or more identical obscene materials is presumed to possess them with intent to promote the same. (5) This section does not apply to a person who possesses or distributes obscene material or participates in conduct otherwise proscribed by this section when the possession, participation, or conduct occurs in the course of law enforcement activities. (6) This section does not apply to a person's conduct otherwise proscribed by this section which occurs in that person's residence as long as that person does not engage in the wholesale promotion or promotion of obscene material in his residence.

C.R.S. § 18-7-103 Injunctions to restrain the promotion of obscene materials

18-7-103. Injunctions to restrain the promotion of obscene materials. (1) The district courts of this state and the judges thereof shall have full power, authority, and jurisdiction to enjoin the wholesale promotion, promotion, or display of obscene materials as specified in this section and to issue all necessary and proper restraining orders, injunctions, and writs and processes in connection therewith not inconsistent with this article. (2) The district attorney of the county in which a person, firm, or corporation wholesale promotes, promotes, or displays, or is about to wholesale promote, promote, or display, or has in his, her, or its possession with intent to wholesale promote, promote, or display, or is about to acquire possession with intent to wholesale promote, promote, or display any obscene material may maintain an action for injunction against such person, firm, or corporation to prevent the wholesale promotion, promotion, or display or further wholesale promotion, promotion, or display of said material described or identified in said suit for injunction. (3) This article shall not authorize the issuance of temporary restraining orders except where exigent circumstances require the same. In matters of exigent circumstances, the restraining order shall provide that the action must be commenced on the earliest possible date. No temporary restraining order may be issued to restrain the continued exhibitions of a motion picture being shown commercially before the public, notwithstanding the existence of exigent circumstances. (4) No temporary restraining order or temporary injunction may be issued except after notice to the person, firm, or corporation sought to be enjoined and only after all parties have been offered or afforded an opportunity to be heard. A person, firm, or corporation shall be deemed to have been offered or afforded an opportunity to be heard if notice has been given and he, she, or it fails to appear. At such hearing, evidence shall be presented and witnesses examined. (5) Before or after the commencement of the hearing on an application for a temporary injunction, the court may, and on motion of the party sought to be restrained shall, order the trial on the action on the merits to be advanced and consolidated with the hearing on the application. Where such hearings are not so consolidated, and a temporary injunction or restraining order is issued, the court shall hold a final hearing and a trial of the issues within one day after joinder of issue, and a decision shall be rendered within two days of the conclusion of the trial. If a final hearing is not held within one day after joinder of issue or a decision not rendered within two days of the conclusion of the trial, the injunction shall be dissolved. No temporary injunction or restraining order shall issue until after a showing of probable cause to believe that the material or display is obscene and a showing of probable success on the merits. Any such temporary injunction or restraining order shall provide that the defendant may not be punished for contempt if the material is found not to be obscene after joinder of issue, final hearing, and trial. (6) Nothing contained in this article shall prevent the court from issuing a temporary restraining order forbidding the removing, destroying, deleting, splicing, or otherwise altering of any motion picture alleged to be obscene. ining order shall provide that the defendant may not be punished for contempt if the material is found not to be obscene after joinder of issue, final hearing, and trial. (6) Nothing contained in this article shall prevent the court from issuing a temporary restraining order forbidding the removing, destroying, deleting, splicing, or otherwise altering of any motion picture alleged to be obscene. (7) Any person, firm, or corporation sought to be permanently enjoined shall be entitled to a full adversary trial of the issues within one day after the joinder of issue, and a decision shall be rendered by the court within two days of the conclusion of the trial. If the defendant in any suit for a permanent injunction filed under the terms of this article shall fail to answer or otherwise join issue within the time required to file his, her, or its answer, the court, on motion of the party applying for the injunction, shall enter a general denial for the defendant and set a date for hearing on the question raised in the suit for injunction within fourteen days following the entry of the general denial entered by the court. The court shall render its decision within two days after the conclusion of the hearing. (8) In the event that a final order or judgment of injunction is entered against the person, firm, or corporation sought to be enjoined, such final order or judgment shall contain a provision directing the person, firm, or corporation to surrender to the sheriff of the county in which the action was brought any of the material described in subsection (2) of this section, and such sheriff shall be directed to seize and destroy the same six months after the entry of the said final order unless criminal proceedings or an indictment is brought before that time, in which event, said material may be used as evidence in such criminal proceeding. (9) In any action brought as herein provided, the district attorney shall not be required to file any undertaking, bond, or security before the issuance of any injunction order provided for above, shall not be liable for costs, and shall not be liable for damages sustained by reason of the injunction order in cases where judgment is rendered in favor of the person, firm, or corporation sought to be enjoined. (10) Every person, firm, or corporation who wholesale promotes, promotes, displays, or acquires possession with intent to wholesale promote, promote, or display any of the material described in subsection (2) of this section, after the service upon him of a summons and complaint in an action brought pursuant to this article, is chargeable with knowledge of the contents.

C.R.S. § 18-7-104 Applicability of this part 1

18-7-104. Applicability of this part 1. (Repealed)

C.R.S. § 18-7-104.5 Remedies under the "Colorado Organized Crime Control Act"

18-7-104.5. Remedies under the "Colorado Organized Crime Control Act". When a person or persons, through an enterprise, engage in a pattern of racketeering activity for which the predicate offenses are the promotion or wholesale promotion of obscenity, pursuant to article 17 of this title, the difference in the fair market value of real property in the vicinity of the location of such enterprise from what the value would be if such enterprise or any part thereof were not located in the vicinity, as established by the opinion testimony of experts or otherwise, shall be deemed a compensable injury for which the owners of victimized real property can exercise all civil remedies set forth in article 17 of this title, in addition to any other measure of damages provable pursuant to article 17 of this title.

C.R.S. § 18-7-105 Severability

18-7-105. Severability. If any provision of this part 1 is found by a court of competent jurisdiction to be unconstitutional, the remaining provisions of this part 1 are valid, unless it appears to the court that the valid provisions of this part 1 are so essentially and inseparably connected with, and so dependent upon, the void provision that it cannot be presumed that the general assembly would have enacted the valid provisions without the void provision or unless the court determines that the valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.

C.R.S. § 18-7-106 Constitutional questions expedited

18-7-106. Constitutional questions expedited. (Repealed)

C.R.S. § 18-7-107 Posting a private image for harassment - definitions

18-7-107. Posting a private image for harassment - definitions. (1) (a) An actor who is eighteen years of age or older commits the offense of posting a private image for harassment if the actor posts or distributes through the use of social media or any website any photograph, video, or other image displaying the real or simulated private intimate parts of an identified or identifiable person eighteen years of age or older or an image displaying sexual acts of an identified or identifiable person: (I) With the intent to harass, intimidate, or coerce the depicted person; (II) (A) Without the depicted person's consent; or (B) When the actor knew or should have known that the depicted person had a reasonable expectation that the image would remain private; and (III) The conduct results in serious emotional distress of the depicted person. (b) Posting a private image for harassment is a class 1 misdemeanor. (c) Notwithstanding the provisions of section 18-1.3-501 (1)(a), in addition to any other sentence the court may impose, the court shall fine the defendant up to ten thousand dollars. The fines collected pursuant to this paragraph (c) shall be credited to the crime victim compensation fund created in section 24-4.1-117, C.R.S. (2) Repealed. (2.5) It is not a defense to an alleged violation of this section that the image is partially digitally created or altered or that the private intimate parts were digitally created or altered. (3) Nothing in this section precludes punishment under any section of law providing for greater punishment. (4) (a) Repealed. (b) An individual whose private intimate parts have been posted or an individual who has had an image displaying sexual acts of the individual posted in accordance with this section shall retain a protectable right of authorship regarding the commercial use of the private image. (5) Nothing in this section shall be construed to impose liability on the provider of an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2), an information service, as defined in 47 U.S.C. sec. 153, or a telecommunications service, as defined in 47 U.S.C. sec. 153, for content provided by another person. (6) For purposes of this section, unless the context otherwise requires: (a) "Displaying sexual acts" means any display of sexual acts even if the private intimate parts are not visible in the image. (b) "Image" means a photograph, film, videotape, recording, digital file, or other reproduction. (c) "Private intimate parts" means external genitalia or the perineum or the anus or the pubes of any person or the breast of a female. (d) "Sexual acts" means sexual intrusion or sexual penetration as defined by section 18-3-401. (e) "Social media" means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content, including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.

C.R.S. § 18-7-108 Posting a private image for pecuniary gain - definitions

18-7-108. Posting a private image for pecuniary gain - definitions. (1) (a) An actor who is eighteen years of age or older commits the offense of posting a private image for pecuniary gain if the actor posts or distributes through social media or any website any photograph, video, or other image displaying the real or simulated private intimate parts of an identified or identifiable person eighteen years of age or older or an image displaying sexual acts of an identified or identifiable person: (I) With the intent to obtain a pecuniary benefit from any person as a result of the posting, viewing, or removal of the private image; and (II) (A) When the actor has not obtained the depicted person's consent; or (B) When the actor knew or should have known that the depicted person had a reasonable expectation that the image would remain private. (b) Posting a private image for pecuniary gain is a class 1 misdemeanor. (c) Notwithstanding the provisions of section 18-1.3-501 (1)(a), in addition to any other sentence the court may impose, the court shall fine the defendant up to ten thousand dollars. The fines collected pursuant to this paragraph (c) shall be credited to the crime victim compensation fund created in section 24-4.1-117, C.R.S. (2) Repealed. (2.5) It is not a defense to an alleged violation of this section that the image is partially digitally created or altered or that the private intimate parts were digitally created or altered. (3) Nothing in this section precludes punishment under any section of law providing for greater punishment. (4) (a) Repealed. (b) An individual whose private intimate parts have been posted or an individual who has had an image displaying sexual acts of the individual posted in accordance with this section shall retain a protectable right of authorship regarding the commercial use of the private image. (5) Nothing in this section shall be construed to impose liability on the provider of an interactive computer service, as defined in 47 U.S.C. sec. 230 (f)(2), an information service, as defined in 47 U.S.C. sec. 153, or a telecommunications service, as defined in 47 U.S.C. sec. 153, for content provided by another person. (6) For purposes of this section, unless the context otherwise requires: (a) "Displaying sexual acts" means any display of sexual acts even if the private intimate parts are not visible in the image. (b) "Image" means a photograph, film, videotape, recording, digital file, or other reproduction. (c) "Private intimate parts" means external genitalia or the perineum or the anus or the pubes of any person or the breast of a female. (d) "Sexual acts" means sexual intrusion or sexual penetration as defined by section 18-3-401. (e) "Social media" means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content, including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles.

C.R.S. § 18-7-109 Posting, possession, or exchange of a private image by a juvenile - definitions - penalties

18-7-109. Posting, possession, or exchange of a private image by a juvenile - definitions - penalties. (1) A juvenile commits the offense of posting a private image by a juvenile if he or she, through digital or electronic means: (a) Knowingly distributes, displays, or publishes to the view of another person a sexually explicit image of a person other than himself or herself who is at least fourteen years of age or is less than four years younger than the juvenile: (I) Without the depicted person's permission; or (II) When the recipient did not solicit or request to be supplied with the image and suffered emotional distress; or (III) When the juvenile knew or should have known that the depicted person had a reasonable expectation that the image would remain private; or (b) Knowingly distributes, displays, or publishes, to the view of another person who is at least fourteen years of age or is less than four years younger than the juvenile, a sexually explicit image of himself or herself when the recipient did not solicit or request to be supplied with the image and suffered emotional distress. (2) A juvenile commits the offense of possessing a private image by a juvenile if he or she, through digital or electronic means, knowingly possesses a sexually explicit image of another person who is at least fourteen years of age or is less than four years younger than the juvenile without the depicted person's permission; except that it is not a violation of this subsection (2) if the juvenile: (a) Took reasonable steps to either destroy or delete the image within seventy-two hours after initially viewing the image; or (b) Reported the initial viewing of such image to law enforcement or a school resource officer within seventy-two hours after initially viewing the image. (3) A juvenile commits the civil infraction of exchange of a private image by a juvenile if he or she, through digital or electronic means: (a) Knowingly sends a sexually explicit image or images of himself or herself to another person who is at least fourteen years of age or is less than four years younger than the juvenile, and the image or images depict only the sender and no other person and the sender reasonably believed that the recipient had solicited or otherwise agreed to the transmittal of the image or images; or (b) Knowingly possesses a sexually explicit image or images of another person who is at least fourteen years of age or is less than four years younger than the juvenile, and the image or images depict only the sender and no other person and the juvenile reasonably believed that the depicted person had transmitted the image or images or otherwise agreed to the transmittal of the image or images. (4) It is an affirmative defense to subsection (1), (2), or (3) of this section if a juvenile is coerced, threatened, or intimidated into distributing, displaying, publishing, possessing, or exchanging a sexually explicit image of a person under eighteen years of age. (5) (a) Posting a private image by a juvenile is a class 2 misdemeanor; except that it is a class 1 misdemeanor if: (I) The juvenile committed the offense with the intent to coerce, intimidate, threaten, or otherwise cause emotional distress to the depicted person; or (II) The juvenile had previously posted a private image and completed a diversion program or education program for the act pursuant to the provisions of this section or had a prior adjudication for posting a private image by a juvenile; or (III) The juvenile distributed, displayed, or published three or more images that depicted three or more separate and distinct persons. (b) Possessing a private image by a juvenile is a petty offense; except that it is a class 2 misdemeanor if the unsolicited possessor of the image possessed ten or more separate images that depicted three or more separate and distinct persons. by a juvenile; or (III) The juvenile distributed, displayed, or published three or more images that depicted three or more separate and distinct persons. (b) Possessing a private image by a juvenile is a petty offense; except that it is a class 2 misdemeanor if the unsolicited possessor of the image possessed ten or more separate images that depicted three or more separate and distinct persons. (c) Exchange of a private image by a juvenile is a civil infraction and is punishable by participation in a program designed by the school safety resource center or other appropriate program addressing the risks and consequences of exchanging a sexually explicit image of a juvenile or a fine of up to fifty dollars, which may be waived by the court upon a showing of indigency. If the juvenile fails to appear in response to a civil infraction citation or fails to complete the required class or pay the imposed fee, the court may issue an order to show cause requiring the juvenile's appearance in court and impose additional age-appropriate penalties. The court shall not issue a warrant for the arrest of the juvenile or impose incarceration as a penalty. (d) In addition to any other sentence the court may impose for a violation of subsection (1) of this section, the court shall order the juvenile be assessed for suitability to participate in restorative justice practices, if available, and, upon a determination of suitability, the court shall inform the victim about the possibility of restorative justice practices as defined in section 18-1-901 (3)(o.5). The court shall not consider the victim's unwillingness to participate in restorative justice practices when determining other sentencing options. (e) Each district attorney is encouraged to develop a diversion program for juveniles who violate the provisions of this section and offer the program to a juvenile who is alleged to have violated this section for the first time. If the jurisdiction does not have a diversion program, the district attorney is encouraged to provide alternative programming designed to allow the juvenile to avoid any adjudication. (6) The court shall order all records in a juvenile delinquency case in the custody of the court, and any records related to the case and charges in the custody of any other agency, person, company, or organization, that are related to an offense pursuant to this section expunged within forty-two days after the completion of the sentence or other alternative program. (7) A person who is a victim of a violation of subsection (1), (2), or (3) of this section is eligible for compensation and services pursuant to part 1 of article 4.1 of title 24. (8) As used in this section, unless the context otherwise requires: (a) "Juvenile" means a person under eighteen years of age. (b) "Sexually explicit image" means any electronic or digital photograph, video, or video depiction of the real or simulated external genitalia or perineum or anus or buttocks or pubes of any person or the real or simulated breast of a female person.

C.R.S. § 18-7-201 Prostitution prohibited

18-7-201. Prostitution prohibited. (1) Any person who performs or offers or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not his spouse in exchange for money or other thing of value commits prostitution. (2) (a) "Fellatio", as used in this section, means any act of oral stimulation of the penis. (b) "Cunnilingus", as used in this section, means any act of oral stimulation of the vulva or clitoris. (c) "Masturbation", as used in this section, means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse. (d) "Anal intercourse", as used in this section, means contact between human beings of the genital organs of one and the anus of another. (3) Prostitution is a petty offense.

C.R.S. § 18-7-201.3 Affirmative defense - human trafficking - expungement of record protective order - definitions

18-7-201.3. Affirmative defense - human trafficking - expungement of record protective order - definitions. (1) A person charged with prostitution, as described in section 18-7-201 or any corresponding municipal code or ordinance, for an offense committed on or after July 1, 2015, which offense was committed as a direct result of being a victim of human trafficking, may assert as an affirmative defense that he or she is a victim of human trafficking as defined in subsection (4) of this section. To assert the affirmative defense pursuant to this subsection (1), the person charged with the offense must demonstrate by a preponderance of the evidence that he or she was a victim of human trafficking at the time of the offense. An official determination or documentation is not required to assert an affirmative defense pursuant to this subsection (1), but official documentation from a federal, state, local, or tribal government agency indicating that the defendant was a victim at the time of the offense creates a presumption that his or her participation in the offense was a direct result of being a victim. (2) Repealed. (3) At the request of a person who asserted the affirmative defense pursuant to subsection (1) of this section, the court may at any time issue a protective order concerning protecting the confidentiality of the person asserting the affirmative defense. (4) As used in this section, unless the context otherwise requires: (a) "Human trafficking" means an offense described in part 5 of article 3 of this title or any conduct that, if it occurred prior to the enactment of such part 5, would constitute an offense of human trafficking pursuant to part 5 of article 3 of this title. (b) "Victim of human trafficking" means a "victim" as defined in section 18-3-502 (12).

C.R.S. § 18-7-201.4 Victim of human trafficking of a minor for sexual servitude - provision of services - reporting

18-7-201.4. Victim of human trafficking of a minor for sexual servitude - provision of services - reporting. If a law enforcement officer encounters a person who is under eighteen years of age and who is engaging in any conduct that would be a violation of section 18-7-201, 18-7-202, 18-7-204, or 18-7-207 or a prostitution-related offense pursuant to a county or municipal ordinance and there is probable cause to believe that the minor is a victim of human trafficking of a minor for sexual servitude pursuant to section 18-3-504, the law enforcement officer or agency shall immediately report a suspected violation of human trafficking of a minor for sexual servitude to the appropriate county department of human or social services or the child abuse reporting hotline system created pursuant to section 26-5-111. The county department of human or social services shall subsequently follow the reporting requirements set forth in section 19-3-308 (4)(c).

C.R.S. § 18-7-201.5 Acquired immune deficiency syndrome testing for persons convicted of prostitution

18-7-201.5. Acquired immune deficiency syndrome testing for persons convicted of prostitution. (Repealed)

C.R.S. § 18-7-201.7 Prostitution with knowledge of being infected with acquired immune deficiency syndrome

18-7-201.7. Prostitution with knowledge of being infected with acquired immune deficiency syndrome. (Repealed)

C.R.S. § 18-7-202 Soliciting for prostitution

18-7-202. Soliciting for prostitution. (1) A person commits soliciting for prostitution if he: (a) Solicits another for the purpose of prostitution; or (b) Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or (c) Directs another to a place knowing such direction is for the purpose of prostitution. (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.

C.R.S. § 18-7-203 Pandering

18-7-203. Pandering. (1) Any person who does any of the following for money or other thing of value commits pandering: (a) Inducing a person by menacing or criminal intimidation to commit prostitution; or (b) Knowingly arranging or offering to arrange a situation in which a person may practice prostitution. (2) (a) Pandering under paragraph (a) of subsection (1) of this section is a class 5 felony. A person who is convicted of pandering under paragraph (a) of subsection (1) of this section shall be required to pay a fine of not less than five thousand dollars and not more than ten thousand dollars in addition to any penalty imposed by the court pursuant to section 18-1.3-401, 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. (b) Pandering pursuant to subsection (1)(b) of this section is a class 2 misdemeanor. A person who is convicted of pandering shall be required to pay a fine of not less than five thousand dollars and not more than ten 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. § 18-7-204 Keeping a place of prostitution

18-7-204. Keeping a place of prostitution. (1) Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who performs any one or more of the following commits keeping a place of prostitution if he: (a) Knowingly grants or permits the use of such place for the purpose of prostitution; or (b) Permits the continued use of such place for the purpose of prostitution after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution. (2) Keeping a place of prostitution is a class 2 misdemeanor.

C.R.S. § 18-7-205 Patronizing a prostitute

18-7-205. Patronizing a prostitute. (1) Any person who performs any of the following with a person not his spouse commits patronizing a prostitute: (a) Engages in an act of sexual intercourse or of deviate sexual conduct with a prostitute; or (b) Enters or remains in a place of prostitution with intent to engage in an act of sexual intercourse or deviate sexual conduct. (2) Patronizing a prostitute is a petty offense. A person who is convicted of patronizing a prostitute 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 18-1.3-401 or 18-1.3-503, 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. § 18-7-205.5 Acquired immune deficiency syndrome testing for persons convicted of patronizing a prostitute

18-7-205.5. Acquired immune deficiency syndrome testing for persons convicted of patronizing a prostitute. (Repealed)

C.R.S. § 18-7-205.7 Patronizing a prostitute with knowledge of being infected with acquired immune deficiency syndrome

18-7-205.7. Patronizing a prostitute with knowledge of being infected with acquired immune deficiency syndrome. (Repealed)

C.R.S. § 18-7-206 Pimping

18-7-206. Pimping. Any person who knowingly lives on or is supported or maintained in whole or in part by money or other thing of value earned, received, procured, or realized by any other person through prostitution commits pimping, which is a class 3 felony.

C.R.S. § 18-7-207 Prostitute making display

18-7-207. Prostitute making display. Any person who by word, gesture, or action endeavors to further the practice of prostitution in any public place or within public view commits a petty offense.

C.R.S. § 18-7-208 Promoting sexual immorality

18-7-208. Promoting sexual immorality. (Repealed)

C.R.S. § 18-7-209 Immunity from prostitution-related offenses - victims - human trafficking of a minor for involuntary servitude - human trafficking of a minor for sexual servitude

18-7-209. Immunity from prostitution-related offenses - victims - human trafficking of a minor for involuntary servitude - human trafficking of a minor for sexual servitude. If probable cause exists to believe that a minor charged with a prostitution-related activity pursuant to section 18-7-201, 18-7-202, 18-7-204, or 18-7-207 or a prostitution-related offense pursuant to a county or municipal ordinance was a victim of human trafficking of a minor for involuntary servitude, pursuant to section 18-3-503 (2), or human trafficking of a minor for sexual servitude, pursuant to section 18-3-504 (2), at the time of the offense being charged, the minor is immune from criminal liability or juvenile delinquency proceedings for such charges.

C.R.S. § 18-7-301 Public indecency

18-7-301. Public indecency. (1) Any person who performs any of the following in a public place or where the conduct may reasonably be expected to be viewed by members of the public commits public indecency: (a) An act of sexual intercourse; or (b) (Deleted by amendment, L. 2010, (HB 10-1334), ch. 359, p. 1707, § 1, effective August 11, 2010.) (c) A lewd exposure of an intimate part as defined by section 18-3-401 (2) of the body, not including the genitals, done with intent to arouse or to satisfy the sexual desire of any person; or (d) A lewd fondling or caress of the body of another person; or (e) A knowing exposure of the person's genitals to the view of a person under circumstances in which such conduct is likely to cause affront or alarm to the other person. (2) Public indecency is a petty offense. (3) (Deleted by amendment, L. 2010, (HB 10-1334), ch. 359, p. 1707, § 1, effective August 11, 2010.)

C.R.S. § 18-7-302 Indecent exposure - definitions

18-7-302. Indecent exposure - definitions. (1) A person commits indecent exposure: (a) If he or she knowingly exposes his or her genitals to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person with the intent to arouse or to satisfy the sexual desire of any person; (b) If he or she knowingly performs an act of masturbation in a manner which exposes the act to the view of any person under circumstances in which such conduct is likely to cause affront or alarm to the other person. (2) (a) (Deleted by amendment, L. 2003, p. 1435, § 31, effective July 1, 2003.) (b) Indecent exposure is a class 1 misdemeanor. (3) (Deleted by amendment, L. 2002, p. 1587, § 21, effective July 1, 2002.) (4) Indecent exposure is a class 6 felony if the violation is committed: (a) Subsequent to two prior convictions of a violation of this section or of a violation of a comparable offense in any other state or in the United States, or of a violation of a comparable municipal ordinance; or (b) When the person who commits indecent exposure knew there was a child in view of the act and the person is more than eighteen years of age and more than four years older than the child. (5) As used in this section, unless the context otherwise requires: (a) "Child" means a person under fifteen years of age. (b) "Masturbation" means the real or simulated touching, rubbing, or otherwise stimulating of a person's own genitals or pubic area for the purpose of sexual gratification or arousal of the person, regardless of whether the genitals or pubic area is exposed or covered.

C.R.S. § 18-7-401 Definitions

18-7-401. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Anal intercourse" means contact between human beings of the genital organs of one and the anus of another. (2) "Child" means a person under the age of eighteen years. (3) "Cunnilingus" means any act of oral stimulation of the vulva or clitoris. (4) "Fellatio" means any act of oral stimulation of the penis. (5) "Masturbation" means stimulation of the genital organs by manual or other bodily contact, or by any object, exclusive of sexual intercourse. (6) "Prostitution by a child" means either a child performing or offering or agreeing to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not the child's spouse in exchange for money or other thing of value or any person performing or offering or agreeing to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any child not the person's spouse in exchange for money or other thing of value. (7) "Prostitution of a child" means either inducing a child to perform or offer or agree to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not the child's spouse by coercion or by any threat or intimidation or inducing a child, by coercion or by any threat or intimidation or in exchange for money or other thing of value, to allow any person not the child's spouse to perform or offer or agree to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with or upon such child. Such coercion, threat, or intimidation need not constitute an independent criminal offense and shall be determined solely through its intended or its actual effect upon the child.

C.R.S. § 18-7-402 Soliciting for child prostitution

18-7-402. Soliciting for child prostitution. (1) A person commits soliciting for child prostitution if he: (a) Solicits another for the purpose of prostitution of a child or by a child; (b) Arranges or offers to arrange a meeting of persons for the purpose of prostitution of a child or by a child; or (c) 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.

C.R.S. § 18-7-403 Pandering of a child

18-7-403. Pandering of a child. (1) Any person who does any of the following for money or other thing of value commits pandering of a child: (a) Inducing a child by menacing or criminal intimidation to commit prostitution; or (b) Knowingly arranging or offering to arrange a situation in which a child may practice prostitution. (2) Pandering under paragraph (a) of subsection (1) of this section is a class 2 felony. Pandering under paragraph (b) of subsection (1) of this section is a class 3 felony.

C.R.S. § 18-7-403.5 Procurement of a child

18-7-403.5. Procurement of a child. Any person who intentionally gives, transports, provides, or makes available, or who offers to give, transport, provide, or make available, to another person a child for the purpose of prostitution of the child commits procurement of a child, which is a class 3 felony.

C.R.S. § 18-7-404 Keeping a place of child prostitution

18-7-404. Keeping a place of child prostitution. (1) Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who performs any one or more of the following commits keeping a place of child prostitution if he: (a) Knowingly grants or permits the use of such place for the purpose of prostitution of a child or by a child; or (b) Permits the continued use of such place for the purpose of prostitution of a child or by a child after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of such prostitution. (2) Keeping a place of child prostitution is a class 3 felony.

C.R.S. § 18-7-405 Pimping of a child

18-7-405. Pimping of a child. Any person who knowingly lives on or is supported or maintained in whole or in part by money or other thing of value earned, received, procured, or realized by a child through prostitution commits pimping of a child, which is a class 3 felony.

C.R.S. § 18-7-405.5 Inducement of child prostitution

18-7-405.5. Inducement of child prostitution. (1) Any person who by word or action, other than conduct specified in section 18-7-403 (1)(a), induces a child to engage in an act which is prostitution by a child, as defined in section 18-7-401 (6), commits inducement of child prostitution. (2) Inducement of child prostitution is a class 3 felony.

C.R.S. § 18-7-406 Patronizing a prostituted child

18-7-406. Patronizing a prostituted child. (1) Any person who performs any of the following with a child not his spouse commits patronizing a prostituted child: (a) Engages in an act which is prostitution of a child or by a child, as defined in section 18-7-401 (6) or (7); or (b) Enters or remains in a place of prostitution with intent to engage in an act which is prostitution of a child or by a child, as defined in section 18-7-401 (6) or (7). (2) Patronizing a prostituted child is a class 3 felony.

C.R.S. § 18-7-407 Criminality of conduct

18-7-407. Criminality of conduct. In any criminal prosecution under sections 18-7-402 to 18-7-407, it shall be no defense that the defendant did not know the child's age or that he reasonably believed the child to be eighteen years of age or older.

C.R.S. § 18-7-408 Severability

18-7-408. Severability. If any provision of this part 4 or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of this part 4 which may be given effect without the invalid provision or application, and, to this end, the provisions of this part 4 are declared to be severable.

C.R.S. § 18-7-409 Reports of convictions to department of education

18-7-409. Reports of convictions to department of education. When a person is convicted, pleads nolo contendere, or receives a deferred sentence for a violation of the provisions of this part 4 and the court knows the person is a current or former employee of a school district in this state or holds a license or authorization pursuant to the provisions of article 60.5 of title 22, C.R.S., the court shall report such fact to the department of education.

C.R.S. § 18-7-501 Definitions

18-7-501. Definitions. As used in this part 5, unless the context otherwise requires: (1) "Child" means a person under the age of eighteen years. (2) "Harmful to children" means that quality of any description or representation, in whatever form, of sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it: (a) Taken as a whole, predominantly appeals to the prurient interest in sex of children; (b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for children; and (c) Is, when taken as a whole, lacking in serious literary, artistic, political, and scientific value for children. (3) "Knowingly" means having general knowledge of, or reason to know, or a belief or ground for belief which warrants further inspection or inquiry, or both, of: (a) The character and content of any material described herein which is reasonably susceptible of examination; and (b) The age of the child; however, an honest mistake shall constitute an excuse from liability hereunder if a reasonable bona fide attempt is made to ascertain the true age of such child. (4) "Sadomasochistic abuse" means actual or explicitly simulated flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed. (5) "Sexual conduct" means actual or explicitly simulated acts of masturbation, homosexuality, sexual intercourse, sodomy, or physical contact in an act of apparent sexual stimulation or gratification with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such be female, breast. (6) "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal. (7) "Sexually explicit nudity" means a state of undress so as to expose the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the areola, or the depiction of covered or uncovered male genitals in a discernibly turgid state.

C.R.S. § 18-7-502 Unlawful acts

18-7-502. Unlawful acts. (1) It shall be unlawful for any person knowingly to sell or loan for monetary consideration to a child: (a) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to children; or (b) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (a) of this subsection (1), or explicit and detailed verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to children. (2) It shall be unlawful for any person knowingly to sell to a child an admission ticket or pass, or knowingly to admit a child to premises whereon there is exhibited a motion picture, show, or other presentation which, in whole or in part, depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to children or to exhibit any such motion picture at any such premises which are not designed to prevent viewing from any public way of such motion picture by children not admitted to any such premises. (3) It shall be unlawful for any child falsely to represent to any person mentioned in subsection (1) or (2) of this section, or to his agent, that he is eighteen years of age or older, with the intent to procure any material set forth in subsection (1) of this section, or with the intent to procure his admission to any motion picture, show, or other presentation, as set forth in subsection (2) of this section. (4) It shall be unlawful for any person knowingly to make a false representation to any person mentioned in subsection (1) or (2) of this section, or to his agent, that he is the parent or guardian of any juvenile, or that any child is eighteen years of age or older, with the intent to procure any material set forth in subsection (1) of this section, or with the intent to procure any child's admission to any motion picture, show, or other presentation, as set forth in subsection (2) of this section. (5) It shall be unlawful for any person knowingly to exhibit, expose, or display in public at newsstands or any other business or commercial establishment frequented by children or where children are or may be invited as part of the general public: (a) Any picture, photograph, drawing, sculpture, motion picture film, or similar visual representation or image of a person or portion of the human body which depicts sexually explicit nudity, sexual conduct, or sadomasochistic abuse and which is harmful to children; or (b) Any book, pamphlet, magazine, printed matter however reproduced, or sound recording which contains any matter enumerated in paragraph (a) of this subsection (5), or explicit verbal descriptions or narrative accounts of sexual excitement, sexual conduct, or sadomasochistic abuse and which, taken as a whole, is harmful to children. (6) A violation of any provision of this section is a class 2 misdemeanor.

C.R.S. § 18-7-503 Applicability

18-7-503. Applicability. (1) Nothing contained in this part 5 shall be construed to apply to: (a) The purchase, distribution, exhibition, or loan of any work of art, book, magazine, or other printed or manuscript material by any accredited museum, library, school, or institution of higher education; (b) The exhibition or performance of any play, drama, tableau, or motion picture by any theater, museum, school, or institution of higher education, either supported by public appropriation or which is an accredited institution supported by private funds.

C.R.S. § 18-7-504 Severability

18-7-504. Severability. If any provision of this part 5 or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions of this part 5 which may be given effect without the invalid provision or application, and, to this end, the provisions of this part 5 are declared to be severable.

C.R.S. § 18-7-601 Dispensing violent films to minors - misdemeanors

18-7-601. Dispensing violent films to minors - misdemeanors. (1) No person shall sell, rent, or otherwise furnish to a minor any video tape, video disc, film representation, or other form of motion picture if: (a) The average person, applying contemporary community standards, would find that the work, taken as a whole, predominantly appeals to the interest in violence; and (b) The work depicts or describes, in a patently offensive way, repeated acts of actual, not simulated, violence resulting in serious bodily injury or death; and (c) The work, taken as a whole, lacks serious literary, artistic, political, or scientific value. (2) For the purposes of this section, "minor" means any person under eighteen years of age, and "serious bodily injury" shall be defined as provided in section 18-1-901 (3)(p). (3) Any person who violates subsection (1) of this section is guilty of a civil infraction and, upon conviction thereof, shall be punished by a fine of one thousand dollars; except that, for a second or subsequent offense, the fine shall be five thousand dollars.

C.R.S. § 18-7-701 Sexual conduct in a correctional institution

18-7-701. Sexual conduct in a correctional institution. (1) An employee, contract employee, or volunteer of a correctional institution or an individual who performs work or volunteer functions in a correctional institution who engages in sexual conduct with a person who is in lawful custody in a correctional institution commits the offense of sexual conduct in a correctional institution. (2) For purposes of this section: (a) "Correctional institution" means a correctional facility, as defined in section 17-1-102 (1.7), C.R.S., a local jail, as defined in section 17-1-102 (7), C.R.S., operated by or under contract with the department of corrections, a jail, a facility operated by or under contract with the department of human services in which juveniles are or may be lawfully held for detention or commitment for the commission of a crime, or a facility of a community corrections program as defined in section 17-27-102 (3), C.R.S. (b) "Sexual conduct" means sexual contact as defined in section 18-3-401 (4), sexual intrusion as defined in section 18-3-401 (5), or sexual penetration as defined in section 18-3-401 (6). "Sexual conduct" does not include acts of an employee of a correctional institution or a person who has custody of another person that are performed to carry out the necessary duties of the employee or the person with custody. (3) Sexual conduct in a correctional institution is a class 5 felony if the sexual conduct includes sexual intrusion or sexual penetration and is committed by an employee or contract employee of a correctional institution or by an employee, contract employee, or individual who performs work functions in a correctional institution or for the department of corrections, the department of human services, or a community corrections program. (4) Sexual conduct in a correctional institution is a class 6 felony if: (a) The sexual conduct consists solely of sexual contact and is committed by an employee or contract employee of a correctional institution or by an employee, contract employee, or individual who performs work functions in a correctional institution or for the department of corrections, the department of human services, or a community corrections program; (b) The sexual conduct includes sexual intrusion or sexual penetration and is committed by a volunteer. (5) Sexual conduct in a correctional institution is a class 1 misdemeanor if the sexual conduct consists solely of sexual contact and is committed by a volunteer.

C.R.S. § 18-7-801 Criminal invasion of privacy

18-7-801. Criminal invasion of privacy. (1) A person who knowingly observes or takes a photograph of another person's intimate parts, as defined in section 18-3-401 (2), without that person's consent, in a situation where the person observed or photographed has a reasonable expectation of privacy, commits criminal invasion of privacy. (2) Criminal invasion of privacy is a class 2 misdemeanor. (3) For the purposes of this section, "photograph" includes a photograph, motion picture, videotape, live feed, print, negative, slide, or other mechanically, electronically, digitally, or chemically reproduced visual material.

C.R.S. § 18-7-901 Unlawful distribution of a suicide recording - definitions - Lil' Von Mercado's Law

18-7-901. Unlawful distribution of a suicide recording - definitions - Lil' Von Mercado's Law. (1) A person commits the offense of posting an image of suicide of a minor if the person intentionally posts or distributes through the use of social media or any website, or disseminates through other means, an image of a minor attempting suicide, dying by suicide, or having died by suicide, with the intent to harass, intimidate, or coerce any person, and the posting or distribution results in serious emotional distress to any person. (2) Posting an image of suicide as described in subsection (1) of this section of a minor is a civil infraction and is punishable by a penalty of one hundred dollars per violation; except that posting an image of suicide of a minor is a class 2 misdemeanor if the person was the first or original person to post, distribute, or disseminate the image. (3) For purposes of this section, unless the context otherwise requires: (a) "Image" means a photograph, film, videotape, recording, digital file, or other reproduction. (b) "Social media" means any electronic medium, including an interactive computer service, telephone network, or data network, that allows users to create, share, and view user-generated content, including but not limited to videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail, or internet website profiles. (4) It is not an offense under this section if the posting or distribution of the image is a fictional work or a documentary; or is related to a matter of public interest or public concern; or related to the reporting of unlawful conduct; or the lawful and common practices of law enforcement, criminal reporting, legal proceedings, or medical treatment. (5) This section is known as and may be cited as "Lil' Von Mercado's Law".
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-18.docxFetched: 10/6/2026
C.R.S. tit. 18, art. 7 — Offenses Relating to Morals | Colorado Revised Statutes (2024 edition) — Colorado | Corpus