Colorado Revised Statutes
Colo. Rev. Stat. § 18-7-407 (2026)
Criminality of conduct
✓ current as of July 2026
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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. Source: L. 79: Entire part RC&RE, p. 742, § 1, effective May 31.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1994–2021 · leading case: Peo v. Houser, 2020 COA 128 (Colo. Ct. App. 2020).
Peo v. Houser, 2020 COA 128 (Colo. Ct. App. 2020). “The prosecution filed an objection to the notice, arguing that section 18-7-407, C.R.S. 2019, which expressly applies to the child prostitution statutes, precluded 2 Houser from raising such a defense.”
v. Maloy, 2020 COA 71 (Colo. Ct. App. 2020). “Those that we must address — because they pertain to all of Maloy’s convictions — are that (1) the district court erred by determining that section 18-7-407, C.R.S. 2019, prohibited him from raising a reasonable mistake of age defense; (2) if, because of section 18-7-407,…”
v. Ross, 2021 CO 9 (Colo. 2021). “Finally, like the trial court and the court of appeals, the supreme court rules that, while section 18-7-407, C.R.S. (2020), precludes a defendant from raising a defense based on either his lack of knowledge of the child’s age or his reasonable belief that the child was an…”
People v. Houser, 337 P.3d 1238 (Colo. Ct. App. 2013). “T 6 After defendant gave notice before trial of his intent to assert this defense, the trial court ruled that section 18-7-407, C.R.S. 2012, 1 prevented defendant from offering a reasonable belief defense, notwithstanding broad language in section 18-1-503.”
The PEOPLE of the State of Colorado v. Phillip L. ROSS, 479 P.3d 910 (Colo. 2021). “¶5 And, like the trial court and the division, we conclude that, while section 18-7-407 , C.R.S. ( 2020 ) , precludes a defendant from raising a defense based on either his lack of knowledge of the child's age or his reasonable belief that the child was an adult, it does not…”
v. Ross, 2019 COA 79 (Colo. Ct. App. 2019). “Second, the division concludes that section 18-7-407, C.R.S. 2018, does not act to relieve the prosecution of its obligation to prove that the defendant solicited another for the purpose of child prostitution.”
People v. Bath, 890 P.2d 269 (Colo. Ct. App. 1994). “8B) (when child is below age fifteen), § 18-7-407, C.R.S. (1986 RepLVol. 8B) states that, in prosecutions for child prostitution, “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.”
Peo v. Houser, 2020 COA 76 (Colo. Ct. App. 2020). “The prosecution filed an objection to the notice, arguing that section 18-7-407, C.R.S. 2019, which expressly applies to the child prostitution statutes, precluded 2 Houser from raising such a defense.”
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