Colorado Revised Statutes

Colo. Rev. Stat. § 18-7-402 (2024)

Soliciting for child prostitution

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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(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.

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

Notes of Decisions
Cited in 14 cases (4 in the last 5 years), 1991–2026 · leading case: Peo v. Houser, 2020 COA 128, 490 P.3d 863.
Peo v. Houser, 2020 COA 128, 490 P.3d 863. · cites it 4× “Houser asserts that he was denied equal protection because, even though his conduct fell within the meaning of “soliciting for child prostitution” under section 18-7-402, C.R.S. 2019, he was charged under section 28 18-7-406(1) for patronizing a prostituted child, which carries…”
Deshawn Lynn Randolph v. People of the State of Colorado, 2025 CO 44, 570 P.3d 1022. · cites it 50× “Ross , 2021 CO 9, ¶ 1, 479 P.3d 910, 912 (" Ross II "), where the prosecution asked us to decide whether the phrase "for the purpose of" in section 18-7-402(1)(a) and (1)(b) ("subsection (1)(a)" and "subsection (1)(b)," respectively), the same subsections under which Deshawn…”
v. Maloy, 2020 COA 71, 465 P.3d 146. · cites it 4× “” In contrast, section 18-7-407 provides that, “[i]n 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.”
v. Ross, 2019 COA 79, 482 P.3d 452. · cites it 18× “Ross — Crimes — Solicitation for Child Prostitution; Criminal Law — Mens Rea A division of the court of appeals approves two rulings made by the trial court and, in the process, reaches three conclusions about the crime of soliciting for child prostitution, § 18-7-402, C.R.S.…”
v. Ross, 2021 CO 9, 479 P.3d 910. · cites it 9× “Section 18-7-407 Does Not Alter the People’s Burden Under Subsections (a) and (b) ¶31 Section 18-7-407 provides that in any prosecution brought pursuant to sections 18-7-402 to -407, “it shall be no defense that the defendant did not know the child’s age or that he reasonably…”
People v. Madden, 111 P.3d 452 (Colo. 2005). · cites it 4× “See, Soliciting for Child Prostitution, § 18-7-402, C.R.S (2004); Pandering of a Child, § 18-7-403, C.”
People v. Jacobs, 91 P.3d 438 (Colo. Ct. App. 2003). · cites it 6× “Defendant was subsequently charged and convicted on two counts of soliciting for child prostitution under § 18-7-402, C.R.S.2003. He was sentenced to an indeterminate sentence in the Department of Corrections with a minimum term of twenty-five years and a maximum of life.”
People v. Houser, 2013 COA 11, 337 P.3d 1238. “"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.”
PEOPLE of the State of Colorado v. Phillip L. ROSS, 479 P.3d 910 (Colo. 2021). · cites it 3× “¶1 In this appeal, the People ask us to determine whether the phrase "for the purpose of" in two statutory provisions defining the crime of soliciting for child prostitution, § 18-7-402 (1) (a) , (b) , C.R.S. ( 2020 ) (respectively " subsection (a) " and " subsection (b) " ) ,…”
People v. Emerterio, 819 P.2d 516 (Colo. Ct. App. 1991). · cites it 3× “Pursuant to § 18-7-402(l)(a), C.R.S. (1986 Repl.Vol. 8B), a person commits soliciting for child prostitution if he, “[sjolicits another for the purpose of prostitution of a child or by a child.”
People v. Gritchen, 908 P.2d 70 (Colo. 1995). · cites it 3× “§ 18-7-402, 8B C.R.S. (1986). 2 At the same time, he pleaded guilty to two counts of soliciting for prostitution, a class 3 misdemeanor.”
People v. San Emerterio, 839 P.2d 1161 (Colo. 1992). “§ 18-7-402, 8B C.R.S. (1986). 4 . The defendant’s convictions and sentences for first-degree sexual assault and soliciting for child prostitution are not before us for review.”
Colo. Rev. Stat. § 18-7-402(1): 4 cases
v. Maloy, 2020 COA 71, 465 P.3d 146. “” In contrast, section 18-7-407 provides that, “[i]n 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.”
v. Ross, 2021 CO 9, 479 P.3d 910. “Section 18-7-407 Does Not Alter the People’s Burden Under Subsections (a) and (b) ¶31 Section 18-7-407 provides that in any prosecution brought pursuant to sections 18-7-402 to -407, “it shall be no defense that the defendant did not know the child’s age or that he reasonably…”
Deshawn Lynn Randolph v. People of the State of Colorado, 2025 CO 44, 570 P.3d 1022. “Ross , 2021 CO 9, ¶ 1, 479 P.3d 910, 912 (" Ross II "), where the prosecution asked us to decide whether the phrase "for the purpose of" in section 18-7-402(1)(a) and (1)(b) ("subsection (1)(a)" and "subsection (1)(b)," respectively), the same subsections under which Deshawn…”
v. Ross, 2019 COA 79, 482 P.3d 452. “Ross — Crimes — Solicitation for Child Prostitution; Criminal Law — Mens Rea A division of the court of appeals approves two rulings made by the trial court and, in the process, reaches three conclusions about the crime of soliciting for child prostitution, § 18-7-402, C.R.S.…”
Colo. Rev. Stat. § 18-7-402(1)(a): 4 cases
v. Ross, 2019 COA 79, 482 P.3d 452. “Ross — Crimes — Solicitation for Child Prostitution; Criminal Law — Mens Rea A division of the court of appeals approves two rulings made by the trial court and, in the process, reaches three conclusions about the crime of soliciting for child prostitution, § 18-7-402, C.R.S.…”
v. Ross, 2021 CO 9, 479 P.3d 910. “Section 18-7-407 Does Not Alter the People’s Burden Under Subsections (a) and (b) ¶31 Section 18-7-407 provides that in any prosecution brought pursuant to sections 18-7-402 to -407, “it shall be no defense that the defendant did not know the child’s age or that he reasonably…”
Deshawn Lynn Randolph v. People of the State of Colorado, 2025 CO 44, 570 P.3d 1022. “Ross , 2021 CO 9, ¶ 1, 479 P.3d 910, 912 (" Ross II "), where the prosecution asked us to decide whether the phrase "for the purpose of" in section 18-7-402(1)(a) and (1)(b) ("subsection (1)(a)" and "subsection (1)(b)," respectively), the same subsections under which Deshawn…”
Colo. Rev. Stat. § 18-7-402(1)(b): 2 cases
v. Ross, 2019 COA 79, 482 P.3d 452. “Ross — Crimes — Solicitation for Child Prostitution; Criminal Law — Mens Rea A division of the court of appeals approves two rulings made by the trial court and, in the process, reaches three conclusions about the crime of soliciting for child prostitution, § 18-7-402, C.R.S.…”
People v. Jacobs, 91 P.3d 438 (Colo. Ct. App. 2003). “Defendant was subsequently charged and convicted on two counts of soliciting for child prostitution under § 18-7-402, C.R.S.2003. He was sentenced to an indeterminate sentence in the Department of Corrections with a minimum term of twenty-five years and a maximum of life.”
Colo. Rev. Stat. § 18-7-402(1)(c): 1 case
Deshawn Lynn Randolph v. People of the State of Colorado, 2025 CO 44, 570 P.3d 1022. “Ross , 2021 CO 9, ¶ 1, 479 P.3d 910, 912 (" Ross II "), where the prosecution asked us to decide whether the phrase "for the purpose of" in section 18-7-402(1)(a) and (1)(b) ("subsection (1)(a)" and "subsection (1)(b)," respectively), the same subsections under which Deshawn…”
Colo. Rev. Stat. § 18-7-402(2): 1 case
v. Ross, 2019 COA 79, 482 P.3d 452. “Ross — Crimes — Solicitation for Child Prostitution; Criminal Law — Mens Rea A division of the court of appeals approves two rulings made by the trial court and, in the process, reaches three conclusions about the crime of soliciting for child prostitution, § 18-7-402, C.R.S.…”
Colo. Rev. Stat. § 18-7-402(l)(a): 1 case
People v. Emerterio, 819 P.2d 516 (Colo. Ct. App. 1991). “Pursuant to § 18-7-402(l)(a), C.R.S. (1986 Repl.Vol. 8B), a person commits soliciting for child prostitution if he, “[sjolicits another for the purpose of prostitution of a child or by a child.”
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