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        My clients are advised not to discuss facts, law or trial strategy in any offense of a sexual nature or civil nuisance abatement proceeding with anyone other than myself as legal counsel or a private investigator retained as my agent, who is covered by the attorney - client privilege.  Statements to any third person may be grounds for additional criminal charges, even if the other person is a trusted confidant.  In cases alleging a sexual or drug offense, it is quite common for others to be previously or subsequently apprehended and offer information to law enforcement or prosecution in return for reduced charges or immunity (transactional or use).  Because offenses of a sexual or drug nature may be perceived as going enterprises, VNI units of law enforcement recruit confidential informants to gain information.  It would also not be uncommon for a person's confidant to be a confidential informer, perhaps wearing a wire.  Be very careful what you tell or say to other persons - your statements may be used against you at hearing or trial, and the third person's testimony may be involuntarily compelled by subpoena.  Website visitors who are not my clients should consult with your attorney before talking.

        Twice said - Admissions made by a criminal defendant may be admissible in the prosecutor's case in chief.  Do not discuss a case or make any statements whatsoever with any law enforcement officer, prosecutor, witness, the other involved party  or any other third person. Prosecutors will not hesitate to file intimidation of witness felony charges, and your statements are admissible in a trial or motions hearing.  You have the absolute right to remain silent even if police don't tell you.  Exercise that right.  Consult with your attorney before talking.

When the police contact you, don't try to explain the circumstances.  Stop Talking.
Simply say at the outset that you wish to remain silent & want an attorney.

        This page covers a variety of circumstances and criminal charges with links to related civil matters.

1.         An individual who has attempted to hire a prostitute and found himself or herself arrested in the midst of police sting operation

2.         An individual who in fact picked up a prostitute and was discovered in flagrante delicto while parking near a closed business, perhaps in a park or other semi-private public place.

3.         An individual who has advertised escort or other services and finds himself or herself arrested by the prospective client in the midst of police sting operation.

4.         An individual who was approached by a prospective client in a vehicle and finds himself or herself arrested by the prospective client in the midst of police sting operation.

5.         An individual who, by phone or in person, has made arrangements for two other persons to meet for the purpose of a sexual liaison involving cash.

6.         An individual who has received money from a person engaging in prostitution.

        There are multiple charges, sanctions and consequences which can accrue when sex is allegedly involved with money.  Disposition may include attendance at an STD - HIV Awareness Class and / or HIV Testing. and / or Target Area Prohibition.

CRS 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 class 3 misdemeanor.

QUICK SENTENCING GRID
CRS 18-1.3-501 Class 3 Misdemeanor Offenses
Classification - Presumptive Sentencing Penalties

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. For a summary - refer to

        Prostitution, CRS 18-7-201, is an offense involving moral turpitude.  R & F Enterprises v. County Comm., 199 Colo. 137 (Colo. 1980); see generally Annotation. 23 A.L.R. Fed. 480, 565 (1975).

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CRS 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 class 1 petty offense.

QUICK SENTENCING GRID
CRS 18-1.3-503 Class 1 Petty Offenses
Classification - Presumptive Sentencing Penalties

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. For a summary - refer to

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CRS 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 class 3 misdemeanor.

        The offense of soliciting is complete when the offender solicits another for prostitution, arranges or offers to arrange a meeting of persons for the purpose of prostitution, or directs another to a place knowing such direction is for the purpose of prostitution. CRS 18-7-202  The prostitute's subsequent decision to engage or not to engage in a sexual act with her customer is not essential to this crime. People v. Mason, 642 P.2d 8 (Colo. 1982)

QUICK SENTENCING GRID
CRS 18-1.3-501 Class 3 Misdemeanor Offenses

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CRS 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) Pandering under paragraph (a) of subsection (1) of this section is a class 5 felony. Pandering under paragraph (b) of subsection (1) of this section is a class 3 misdemeanor.

        Pandering is committed when a person knowingly for money arranges or offers to arrange a situation in which a person may practice prostitution. 18-7-203(1)(b).  The prostitute's subsequent decision to engage or not to engage in a sexual act with her customer is not essential to this crime. People v. Mason, 642 P.2d 8 (Colo. 1982)

QUICK SENTENCING GRID
CRS 18-1.3-501 Class 3 Misdemeanor Offenses

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CRS 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.

QUICK SENTENCING GRID
CRS 18-1.3-501 Class 2 Misdemeanor Offenses

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. For a summary - refer to

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CRS 18-7-208 - Promoting sexual immorality
        (1) Any person who, for pecuniary gain, furnishes or makes available to another person any facility, knowing that the same is to be used for or in aid of sexual intercourse between persons who are not husband and wife, or for or in aid of deviate sexual intercourse, or who advertises in any manner that he furnishes or is willing to furnish or make available any such facility for such purposes, commits promoting sexual immorality.
        (2) "Facility", as used in this section, means any place or thing which provides seclusion, privacy, opportunity, protection, comfort, or assistance to or for a person or persons engaging or intending to engage in sexual intercourse or deviate sexual intercourse.
        (3) Promoting sexual immorality is a class 2 misdemeanor.

QUICK SENTENCING GRID
CRS 18-1.3-501 Class 2 Misdemeanor Offenses

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CRS 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 class 1 petty offense.

QUICK SENTENCING GRID
CRS 18-1.3-503 Class 1 Petty Offenses

9.4.102 - PROSTITUTION
        A. It is unlawful for any person to engage in prostitution.
        B. It is unlawful for any person to solicit for prostitution. A person solicits for prostitution if that person:
                1. Asks, proposes or otherwise seeks to engage 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 the direction is for the purpose of prostitution.
        C. It is unlawful for any person to pander. A person panders when, in exchange for money or other thing of value, that person knowingly arranges or offers to arrange a situation in which a person may engage in prostitution.
        D. It is unlawful for any person to keep a place of prostitution. Any person who has control or exercises control over the use of any premises which offers seclusion or shelter for the practice of prostitution keeps a place of prostitution if that person performs any one or more of the following:
                1. Knowingly grants or permits the use of the place for the purpose of prostitution; or
                2. Permits the continued use of the place for the purpose of prostitution after becoming aware of facts or circumstances from which that person should reasonably know that the place is being used for the purposes of prostitution.
        E. It is unlawful for any person to patronize a prostitute. Any person who performs any one or more of the following acts with a person not the person's spouse patronizes a prostitute:
                1. Engages in sexual conduct or activity with a prostitute; or
                2. Enters or remains in a place of prostitution with intent to engage in sexual conduct or activity with a prostitute.
        F. It is unlawful for any person to loiter for the purpose of prostitution.
                1. A person loiters for the purpose of prostitution if that person loiters in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting or procuring another to engage in prostitution. Among the circumstances which may be considered in determining whether the purpose of prostitution is manifested are the following:
                        a. The person is a known prostitute or panderer or, if the person is not a known prostitute or panderer, the person maintains a presence in an area which, within the knowledge of the arresting officer, is frequented by known prostitutes or panderers; and
                        b. The person either:
                                (1) Repeatedly beckons to, stops or attempts to stop passersby, or engages or attempts to engage passersby in conversation; or
                                (2) Repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other gesture or action.
                2. Any person suspected of loitering for the purpose of prostitution shall be afforded an opportunity to explain the person's presence and conduct prior to the person's arrest.
                3. No person shall be convicted of loitering for the purpose of prostitution if it appears at trial that the person was not afforded an opportunity to explain the person's presence and conduct prior to arrest or if it appears at trial that the explanation given by the person was true and disclosed a lawful purpose.
        G. For the purposes of this section, the following definitions apply:

KNOWN PROSTITUTE OR PANDERER: A person who, within one year prior to the date of arrest for violation of this section, has been convicted of prostitution, soliciting, pandering or loitering for the purpose of prostitution, and the conviction is within the knowledge or information of the arresting officer.

LOITER: To be dilatory, to stand idly around, to linger, delay, remain, abide, tarry or wander about in a public place.

PROSTITUTE: Any person who engages in prostitution.

PROSTITUTION: Engaging, offering to engage or agreeing to engage in sexual conduct or activity with any person except one's spouse where one or more of the parties is to receive money or any other thing of value in exchange for performing the sexual conduct or activity.

SEXUAL CONDUCT OR ACTIVITY: Any act involving contact between the genitals of one person and the mouth, hand, anus or genitals of another person, including genital intercourse, fellatio, cunnilingus, masturbation or anal intercourse.

        H. Any person who is convicted of prostitution pursuant to this section shall be ordered by the court to submit to a blood test of the human immunodeficiency virus (HIV) which causes acquired immune deficiency syndrome. The results of the test shall be reported to the person tested, the City Attorney, and the El Paso County District Attorney. The City and district attorneys shall keep the results of the test confidential unless the person is charged with a violation of this section or Colorado Revised Statutes section 18-7-201.7 or 18-7-205 and the results of the test indicate the presence of the human immunodeficiency virus (HIV) which causes acquired immune deficiency syndrome. (Ord. 4517; 1968 Code §8-30; Ord. 81-62; Ord. 82-120; Ord. 91-70; Ord. 01-42) 

court costs $10 would be in addition to the above fine

        Prostitution is an offense involving moral turpitude.  R & F Enterprises v. County Comm., 199 Colo. 137 (Colo. 1980); see generally Annotation. 23 A.L.R. Fed. 480, 565 (1975).

CRS 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.

QUICK SENTENCING GRID
CRS 18-1.3-401 Class 3 Felony Offenses
Classification - Presumptive Sentencing Penalties

1. two felony convictions - minimum sentence mandatory - no probation  CRS 18-1.3-401(1)(b)(II)

2. Mitigation - not less than one-half the presumptive minimum sentence  CRS 18-1.3-401(6)

3. Aggravation - not more than twice the presumptive maximum sentence.  CRS 18-1.3-401(6)

4. Extraordinary aggravating circumstances - at least midpoint presumptive sentence, not more than twice presumptive maximum sentence.  CRS 18-1.3-401(8)(a)  Examples - crime of violence, on parole - probation or bond when offense committed.  There are many more aggravating circumstances contained in CRS 18-1.3-401(8)

        For more information, I have included an abbreviated summary of statutes regarding criminal sentencing.  It is not intended to be all inclusive, however does contain a summary of basic information pertaining to a range of relevant sentencing penalties. For a summary - refer to

        Pimping statutes have withstood constitutional challenges on the grounds of equal protection, vagueness, overbreadth and economic association.  Examples would be People v. Stage, 195 Colo. 110 (Colo. 1978),  People v. Johnson, 195 Colo. 350 (Colo. 1978)

        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, a class 3 felony.  A claim that defendant merely received money for use of the rooms, and not from any prostitution activity that occurred in the rooms is not legally sufficient to withstand a guilty verdict if defendant knows purpose of the business was about and encouraged prostitution.  People v. Cerrone, 867 P.2d 143 (Colo. App. 1993)

        In the case of pimping, which admittedly involves a prior act of prostitution, the offense occurs when the offender receives and knowingly lives on the earnings of the prostitute. Once this conduct occurs, no further act of the prostitute, discretionary or otherwise, is essential to criminal liability.  People v. Mason, 642 P.2d 8 (Colo. 1982); see also People v. Smith, 638 P.2d 1 (Colo. 1981); People v. Andrews, 632 P.2d 1012 (Colo. 1981).

        People v. Ganatta, 638 P.2d 268 (Colo. 1981)