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COLORADO SPRINGS TRIAL LAWYER
experienced and professional attorney - 30+ years
private practice in Colorado state and
municipal courts |
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ROBERT D. GUSTAFSON |
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ATTORNEY AT LAW
6538 Charter
Drive
Colorado Springs, CO 80918-1335 |
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Phone (719)
260-1002
Fax (719) 260-1003 *
Toll Free (800) 410-1002 |
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Page Index |
Consultation Terms |
Fees * Costs |
Retainer Docs |
Directions |
Maps |
Travel * Trade Area |
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COLORADO SPRINGS PROSTITUTION
DEFENSE
COLORADO FELONY PIMPING CRIMINAL DEFENSE
Colorado Springs, El Paso County, Colorado
Pikes Peak Region * Surrounding Colorado
Counties * Southern Colorado * Front Range *
Continental Divide * Eastern Plains |
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representation inquiries are invited & welcome
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public questions seeking free
advice or information declined
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consultation terms |
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attorney does not accept
installment payments
* full payment
is due at the time attorney is retained * major charge cards
accepted |
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Arrested for a
prostitution offense - either as a service provider or as an alleged seeker of
services?
Hopefully, this little website will help clarify matters and give you some
direction.
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Colorado Springs prostitution criminal
defense,
arrest, arrested, soliciting for prostitution, patronizing a prostitute, pimping, pandering, arrest in police sting operations,
criminal charges, police outrageous conduct, entrapment, nuisance forfeiture & nuisance abatement, bail bond, affirmative defenses, jurisdictional attack, collateral attack, statutes of limitations & speedy trial, sealing criminal justice records, deferred sentence, sexually transmitted diseases,
HIV testing, HIV criminal charges, HIV classes, useful public service, criminal petty offense, misdemeanor
defense, felony
defense. prostitution Denver Colorado, prostitution Aurora Colorado,
prostitution Brighton Colorado, prostitution Broomfield Colorado, prostitution
Centennial Colorado, prostitution Englewood Colorado, prostitution Federal
Heights Colorado, prostitution Golden Colorado, prostitution Littleton Colorado,
prostitution Sheridan Colorado, prostitution Thornton Colorado, prostitution
Wheat Ridge Colorado, prostitution WheatRidge Colorado, prostitution criminal
defense, prostitution defense, massage parlor code, escort service code, pimping
defense, pandering defense, forfeiture defense
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GENERAL INFORMATION |
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CRIMES OF A SEXUAL NATURE |
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This website covers a variety of circumstances and criminal charges with links to
related civil matters.
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An individual who has attempted to hire a prostitute and found himself or
herself arrested in the midst of police sting operation
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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.
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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.
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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.
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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.
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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
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TARGET AREA 1
South Nevada
Ave. Area |
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PROSTITUTION |
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LAW ENFORCEMENT
TARGET AREAS |
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Colorado Springs |
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TARGET AREA 2
East Platte
Ave. Area |
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| RIGHT
TO REMAIN SILENT |
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NO STATEMENTS
LAW ENFORCEMENT * PROSECUTORS
* THIRD PERSONS |
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IMPORTANT - PLEASE READ CAREFULLY |
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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.
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AGAINST UNREASONABLE SEARCH & SEIZURE |
NO CONSENT - NO VOLUNTARY SEARCH
NO WAIVER OF OTHER RIGHTS |
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When a criminal suspect voluntarily gives permission for police or law
enforcement to search, items found in that search will likely be admissible as
evidence. Conversely, searches without a warrant are presumed unlawful
with some exceptions. Evidence found as a result of an unlawful search may
be suppressed (excluded from admission) as a fruit of the poisonous tree.
Every citizen has the constitutional right to be free from unreasonable search
and seizure. Never consent to a search or seizure without advice of legal
counsel. Let law enforcement procure a warrant or face possible
constitutional challenge to the evidence.
Similarly, no other rights should be waived by any criminal suspect or defendant
without advice from counsel. If you aren't certain what your rights are at
the time of the police request, simply say no - I need to speak to an attorney.
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CRIMINAL DEFENDANT
DEMEANOR |
Defense attorneys frequently see the police report phrase:
"suspect was cooperative." Law
enforcement officers will do what they will do regardless of your cooperation -
it won't help and may likely hurt your court case defense.
This attorney advises clients to remain silent and be courteous, calm and in
control of your emotions. Politely decline any police requests,
making the statement you need to consult with legal counsel before giving
a response, that you exercise your right to remain silent and request presence of an attorney.
Do not agree or consent to any search or seizure.
You have the right to remain silent
in court and the right to presence of defense counsel for all court proceedings.
If you have not yet retained but plan to do so, advise prosecutors and the judge
that you exercise your right to remain silent and want an attorney present with
you. Do not discuss the facts of your case and do not make any admissions.
Ask the court for additional time
to hire counsel.
You have the right to
presence of and advice of defense counsel. Assertion of your rights may be done in a courteous
manner, but exercise your
rights. Don't cave in to your fears or to your preconceptions
of "what you are required to do."
DEFENSE OF SEX
CRIMES
PROSTITUTION
MISDEMEANOR |
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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 |
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| MISDEMEANOR
CRIMINAL OFFENSES |
Presumptive
Jail |
Presumptive
Fines |
| CRS 18-1.3-501 |
Minimum |
Maximum |
Minimum |
Maximum |
| Class 3 Misdemeanor
Classification (M-3)
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None |
6 months |
$50 |
$750 |
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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. Summary - refer to |
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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). Refer to potential
secondary
consequences and consider
sealing criminal records. |
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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; except that patronizing a
prostitute is a class 1 misdemeanor if the violation is committed subsequent to
two prior convictions of a violation of this section, of a violation of a
comparable offense in any other state, or of a violation of a comparable
municipal offense.
QUICK
SENTENCING GRID
CRS 18-1.3-503 Class 1 Petty Offenses
Classification - Presumptive Sentencing Penalties |
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| PETTY
CRIMINAL OFFENSES |
Presumptive
Jail |
Presumptive
Fines |
| CRS 18-1.3-503 |
Minimum |
Maximum |
Minimum |
Maximum |
| Class 1 Petty
Classification (P-1)
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None |
6 months |
None |
$500 |
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QUICK
SENTENCING GRID
CRS 18-1.3-501 Class 1 Misdemeanor Offenses |
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| MISDEMEANOR
CRIMINAL OFFENSES |
Presumptive
Jail |
Presumptive
Fines |
| CRS 18-1.3-501 |
Minimum |
Maximum |
Minimum |
Maximum |
| Class 1 Misdemeanor
Classification (M-1)
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6 months |
18 months |
$500 |
$5,000 |
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Patrons, "gentlemen callers" or
"johns" are now referring to themselves as "hobbyists" and
many enter
comments or ratings on various
websites regarding performance of the
"lady of the evening" whom they have visited. Given the
re-classification of patronizing a prostitute to class 1 misdemeanor for
third offense, hobbyists may wish to reconsider their actions and
proliferation or publication of their opinions. This could become
quite a costly hobby in terms of freedom and the pocketbook. Three
strikes and you're out amendment. |
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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. Summary - refer to |
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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). Refer to potential
secondary
consequences and consider
sealing criminal records. |
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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 |
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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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QUICK
SENTENCING GRID
CRS 18-1.3-401 Class 5 Felony Offenses
Classification - Presumptive Sentencing Penalties
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| FELONY
CRIMINAL OFFENSES |
Presumptive
Prison |
Presumptive
Fines |
| CRS 18-1.3-401 |
Minimum |
Maximum |
Parole |
Minimum |
Maximum |
| Class 5 Felony Classification
(F-5)
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1 year |
3 years |
2 years |
$1,000 |
$100,000 |
| F-5 Mitigated |
6 months |
18 months |
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| F-5 Aggravated |
3 years
+ 1 day |
6 years |
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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. Summary - refer to |
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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 |
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| MISDEMEANOR
CRIMINAL OFFENSES |
Presumptive
Jail |
Presumptive
Fines |
| CRS 18-1.3-501 |
Minimum |
Maximum |
Minimum |
Maximum |
| Class 2 Misdemeanor
Classification (M-2)
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3 months |
12 months |
$250 |
$1,000 |
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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. 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.
DEFENSE OF SEX
CRIMES
PROSTITUTION
CRIMINAL OFFENSE |
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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. |
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G. For the purposes of this section, the following definitions apply: |
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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. |
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LOITER: To be dilatory, to stand idly around, to linger, delay, remain, abide, tarry or wander about in a public place. |
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PROSTITUTE: Any person who engages in prostitution. |
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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. |
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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. |
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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) |
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| Colorado
Springs Municipal Court Possible Penalties
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Adult |
Minor |
| Jail |
10 - 90 days |
Juvenile
Court |
| Fine |
$10 - $500 |
Juvenile Court |
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| court costs $10 would be in addition to the above fine |
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Colorado
Springs City Code |
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| Colorado
Springs Municipal Ordinance 9.4.102
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Prostitution
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Colorado Springs Municipal Ordinance 1.1.201
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General Penalty - maximum jurisdiction:
Jail 90 days and/or Fine $500
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Minors
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| State statute - CRS
19-2-104(1)(a)(II) |
Municipal
court no jurisdiction - Juvenile Court Has Jurisdiction
Municipal ordinances - except traffic - maximum 10
days jail
Municipal violations - no provision for minor to be treated as an adult
Municipal criminal violations - maximum 10 days jail
or juvenile court assumes exclusive jurisdiction
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| Colorado Springs Municipal
Ordinance 1.1.202
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Minor Offenders
Municipal violations - no provision for minor to be treated as an adult
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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). Refer to potential
secondary
consequences and consider
sealing criminal records. |
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DEFENSE OF SEX
CRIMES
PIMPING
FELONY |
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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. |
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QUICK
SENTENCING GRID
CRS 18-1.3-401 Class 3 Felony Offenses
Classification - Presumptive Sentencing Penalties |
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| FELONY
CRIMINAL OFFENSES |
Presumptive
Prison |
Presumptive
Fines |
| CRS 18-1.3-401 |
Minimum |
Maximum |
Parole |
Minimum |
Maximum |
| Class 3 Felony Classification
(F-3)
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4 years |
12 years |
5 years |
$3,000 |
$750,000 |
| F-3 Mitigated |
2 years |
6 years |
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| F-3 Aggravated |
12 years
+ 1 day |
24 years |
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1. two felony convictions - minimum sentence mandatory
- no probation CRS 18-1.3-401(1)(b)(II) |
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2. Mitigation - not less than one-half the
presumptive minimum sentence CRS 18-1.3-401(6) |
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3. Aggravation - not more than twice the presumptive
maximum sentence. CRS 18-1.3-401(6) |
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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) |
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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 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). Refer to potential
secondary
consequences and consider
sealing criminal records. |
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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)
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1. When
evidence was offered that defendant was an owner and manager of the
club, and that checks payable to "cash," but representing payments
for a prostitute's sexual services, were endorsed by him and
deposited by him into a business bank account of which he was either
sole or part owner, in our opinion, the evidence was sufficient to
establish a prima facie case that defendant lived on or was
supported in whole or in part from funds derived from
prostitution. |
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2. The is no
merit in the defendant's assertion that in order to be convicted of
pimping a person must be maintained solely or substantially by
proceeds from prostitution. Rather, the proper inquiry under the
statute is whether the defendant knowingly received funds derived
from another's prostitution and applied those funds to his support,
maintenance, or "living. |
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3. Where the
people's evidence establishes that a person knowingly applies a
thing of value received through another's act of prostitution to his
own benefit, whether it be a business or personal benefit, a prima
facie case for proof of the crime of pimping has been made. |
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ORGANIZED CRIME - RACKETEERING CHARGES
Colorado Organized Crime Control Act (COCCA) |
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Organized crime - special offender allegations - may be filed
in a pimping case. If not initially filed, it
would not be uncommon for a DDA prosecuting attorney to
threaten amendment and addition of a COCCA filing in the
course of pimping charge plea negotiations should the defendant not
accept the DDA's initial plea offer. If filed, the
complexity of the case alters - refer to potential fee
quote link below. |
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Pimping is defined as one of the offenses which may be
classified as organized crime - aka racketering.
CRS 18-17-103(b)(VI).
As minimal discussion, racketeering requires some
criminal activity (at least two incidents which need not
be of the same variety) and at least two persons
participating. Given the allegations necessary to
support a pimping charge, the requirement of at least 2
persons is met, and last I knew, prostitution was
unlawful. Multiple transactions would be required
to support a COCCA charge. |
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Any person convicted of engaging in activity in
violation of the provisions of CRS
18-17-104 (here
pimping) commits a
Class 2 Felony and,
upon conviction thereof is subject to forfeiture and
injunction as provided in
CRS 18-17-105.
COCCA is to be given liberal construction in order to
effect the intent and purposes of the Colorado
Racketeering Act. CRS 18-17-108. |
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Felony pimping charges can get quite serious.
Potential fee quote with COCCA organized
crime - racketeering charges. |
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Related thought. When the Colorado legislature enacted racketeering
laws and entitled the series of
statutes as the Colorado Organized Crime Control Act,
one or more legislators must have considered the acronym enunciation and its slang meaning.
Is it possible the esteemed minds of our legislators
have a warped sense of humor and effectively entitled
the organized crime act as "deep
feces" or was that
merely coincidence? |
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DEFENSE OF SEX
CRIMES
REGULATORY LAW
ESCORT SERVICE CODE
MISDEMEANOR |
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The
Colorado Escort Service Code is
contained at CRS §§ 12-25.5-101 -115. It requires licensing of escort
services, escorts and escort bureau runners. Everybody involved must be of
"good moral character", over age 18 criminal history checks will be
run and prostitution is prohibited.
It's now a misdemeanor crime to engage in the escort business without a license
or to violate any provision of the Escort Service code. Written contracts
for each individual service are required under CRS 12-25.5-112, and on a monthly
basis escort services must turn over the records to authorities for
scrutiny. Patrons are gonna' love that.
Law enforcement officers peruse
known sites
and will print the information contained in the web pages for use as
prosecution evidence, which may include the identifying smiling face of the
advertiser, services offered including reference to unlicensed escort services and
pricing. Defense counsel recommends that any such advertising should not
exist unless it is an advertisement for lawful escort services pursuant to a
valid license.
Also refer to gathering
evidence by surreptitious means. |
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STATE STATUTE: CRS 12-25.5-103. Definitions.
(1) "Escort" means any person who, for a salary, fee, commission, hire, or profit, makes himself available to the public for the purpose of accompanying other persons for companionship.
(2) "Escort bureau" means any business, agency, or person who, for a fee, commission, hire, or profit, furnishes or arranges for persons to accompany other persons for companionship.
(3) "Escort bureau runner" means any person who, for a salary, fee, hire, or profit, acts in the capacity of an agent for an escort bureau by contacting or meeting with escort patrons whether or not said person is employed by such escort bureau or by another business or is self-employed.
(4) "Escort patron" means any person who seeks the services of an escort, escort bureau, or escort bureau runner.
COLORADO SPRINGS
MUNICIPAL ORDINANCE: 2.3.601 Definitions.
ESCORT: Any person who for a salary, fee,
tip, commission, hire, profit or other consideration makes oneself available
to the public for the purpose of accompanying another person for
companionship, or agreeing or offering to privately
model lingerie or to perform private erotic dancing for another person.
Note: Colorado Springs Municipal
Ordinance has a definition expanded beyond that of the Colorado State
Statute.
ESCORT BUREAU: Any
business, agency or person who, for a salary, fee, tip, commission, hire,
profit or other consideration, furnishes, offers to furnish, advertises to
furnish or arranges for persons to accompany other persons for
companionship, or who, for a salary, fee, tip, commission, hire, profit or
other consideration furnishes, offers to furnish, advertises to furnish or
arranges for persons to model lingerie privately or perform private erotic
dancing for another person.
ESCORT PATRON: Any person
who has attained the age of eighteen (18) years or more or any person under
the age of eighteen (18) for whom the parent or legal guardian consents in
writing, who seeks the services of an escort, escort bureau or escort
service runner.
ESCORT SERVICE RUNNER:
Any person who, for a salary, fee, tip, commission, hire, profit or other
consideration, acts in the capacity of an agent for an escort bureau by
contacting or meeting with escort patrons whether or not the person is
employed by the escort bureau or by another business or is self-employed.
LICENSED PREMISES: Any
discrete, identifiable location at which a licensed activity is permitted
and, in fact, is conducted under the authority of any one license. |
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QUICK
SENTENCING GRID
CRS 12-25.5-113 Violation of Escort Service Code
Unclassified Misdemeanor Offenses |
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| ESCORT SERVICE
CODE VIOLATIONS |
Presumptive Jail |
License |
Presumptive
Fines |
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CRS 12-25.5-113 |
Minimum |
Maximum |
Loss |
Minimum |
Maximum |
| Any Violation |
0 days |
1 year |
5 years |
$0 |
$5,000 |
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LICENSING FOR LAWFUL BUSINESS
ESCORT
SERVICE |
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City of Colorado Springs Clerk's Office |
EMAIL |
Physical
Address
30 S Nevada Ave Suite 101
Colorado Springs, CO 80903
Hours:
Mon-Fri 8am to 5pm |
Mailing
Address
PO Box 1575 Mail Code 110
Colorado Springs, CO 80901-1575
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(719) 385-5901 |
Fax:
(719) 385-5114 |
| Licensing Deputy
Clerk: Larry Lucero |
Direct
Phone: (719) 385-5107 |
| refer to
City Clerk for log book & reporting requirements |
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Colorado
Secretary of State
Business Center Records Search
Trade Name * Incorporation * LLC * LLP |
City of Colorado Springs licensing search for escort
bureau, escort or escort runner is not available via an
on-line business license search. Licensing can be
searched by a call or visit to the City Clerk's Office. |
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DEFENSE OF SEX
CRIMES
REGULATORY LAW
MASSAGE PARLOR CODE
MISDEMEANOR |
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Colorado Massage Parlor Code, CRS 12-48.5-101 to -119, 5B. The terms massage
and massage parlor and massage are defined at CRS 12-48.5-103. The statute makes
it unlawful for any person to operate a massage parlor without holding a validly
issued local license. CRS 12-48.5-110(1)(a), and requires that every applicant,
licensee, or agent or employee of said applicant or licensee shall, prior to
commencing work in or upon the licensed premises, obtain an identity card from
the law enforcement agency within the licensing jurisdiction in a form
prescribed by the local licensing authority and shall carry said identity card
at all times while in or upon the licensed premises. CRS 12-48.5-105(4).
The Colorado Massage Parlor Code,
CRS 12-48.5-101 to -119 and Adams County Ordinance No. 2, entitled Ordinance
Establishing Massage Parlor Regulations, both of which regulate commercially
operated massage parlors but exempt certain types of massage procedures from
governmental control, have been held not unconstitutionally vague in violation
of due process of law, do not violate equal protection of the laws, and do not
suffer from unconstitutional overbreadth and do not violate associational
interests. Regency Services Corp. v. Board of County Comm., 819
P.2d 1049 (Colo. 1991), R & F Enterprises v. County Comm., 199 Colo.
137 (Colo. 1980). The Adams County ordinance
followed the Colorado statute. It is likely any other county or city ordinance /
code have done or will do likewise.
Law enforcement officers peruse
known sites
and will print the information contained in the web pages for use as
prosecution evidence, which may include the identifying smiling face of the
advertiser, services offered including reference to unlicensed massage and
pricing. Defense counsel recommends that any such advertising should not
exist unless it is an advertisement for lawful massage services pursuant to a
valid license.
Also refer to gathering
evidence by surreptitious means.
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QUICK
SENTENCING GRID
CRS 12-48.5-111 Violation of Massage Parlor Service Code
Unclassified Misdemeanor Offenses |
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| MASSAGE PARLOR
CODE VIOLATIONS |
Presumptive Jail |
License |
Presumptive
Fines |
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CRS 12-48.5-111 |
Minimum |
Maximum |
Loss |
Minimum |
Maximum |
| Any Violation |
0 days |
1 year |
5 years |
$0 |
$5,000 |
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LICENSING FOR LAWFUL BUSINESS
MASSAGE
PARLOR AND MASSAGE THERAPIST |
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In May, 2009 the Colorado Department of Regulatory Agencies (DORA)
indicated that if the local government does not have massage parlor
licensing ordinances or regulations, massage parlors are
unregulated. DORA phone: (303) 894-7800, Brian Pritchard (303)
894-2983, J. Arcelin, (303) 894-2987. |
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massage therapist licensing is
regulated by DORA |
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Colorado Department of Regulatory
Agencies (DORA)
Registrations - Automated Licensure Information System
Massage Therapist License Search
* *
List of Licensees |
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DEFENSE OF SEX
CRIMES
ADVERTISING
PROSTITUTION SERVICES
INTERNET SITES OR
HARDCOPY |
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ARREST PROBABILITIES
AND EVIDENTIARY OR OTHER PITFALLS OF ADVERTISING |
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The
Gazette-Telegraph
closed out "escort" classified ads years ago. Attorney on-line
search 9/30/2010 & subsequent of the
Independent classified ads for
"adult" or "escort" produced no results; it appears this category
of classified ad was similarly closed out. Simply advertising an escort service can place a person in
significant difficulties if the advertiser doesn't possess an
escort bureau
license. This applies not only to hard copy publications, but also to
various internet sites which are notorious for adult services advertising,
such as
TOB The Other
Board,
TER - The Erotic Review,
Craigslist,
Verified Playmates,
SoWet,
Escort
Photos,
Backpage,
FreePostSite,
Naughty Reviews, or
Colorado Adult Open Directory. Numerous other sites exist. Law enforcement officers peruse
these or other known sites
and will print the information contained in the web pages for use as
prosecution evidence. Simple click-print & evidence gathering would commonly be
accomplished before initial contact to
avoid subsequent web page deletion - destruction of evidence. Rather
convenient for VNI agents to have auto-dated evidence which may include the
smiling face of the advertiser for patent identification, nude or suggestive
evidentiary photographs, along with text which advertises unlicensed
escort services or unlicensed
massage services, perhaps
pricing for services or hourly fees and verbiage which may border on blatant
solicitation for prostitution. Internet posting leaves a digital
footprint. From the perspective of defense counsel preparing a case
for trial, it would be preferable that no such advertising exists unless it is an advertisement for lawful escort services pursuant
to valid license. Also refer to gathering
evidence by surreptitious means. |
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On 9/28/10 the following
charges were brought in the District Court, El Paso County, Colorado in
Criminal Action No. 10 CR 3526 Division 9 against the alleged
publisher of an internet site which included adult services ads.
(site not identified above - site deleted upon request of defendant's
attorney)
1) Pimping CRS 18-7-206 -
Felony 3
2) Promoting
Sexual Immorality CRS 18-7-208 -
Misdemeanor 2
3) Pandering - Arranging Prostitution CRS
18-7-203(1)(b) -
Misdemeanor 3
4) Prostitution - Soliciting CRS 18-7-202 -
Misdemeanor 2 |
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Conducting an on-line database search of an email address or a telephone number (hardline
or cell phone) takes a bit of time but is not rocket science.
Commencing with merely an email address or a phone number, database searches can produce the below information.
Counsel has the capability 24/7, and VNI detectives are
both aware of available internet and government databases and as well as
have the capability for on-line searching. |
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Via google, etc. websites and specific webpages which advertise the
service provider's telephone number can be identified. Click a
link into the advertiser's site(s) or webpage(s)
==> evidence. |
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Via public & government databases accessible to anyone, and via
confidential databases not accessible to the public, it is likely full
identification can be made before an appointment for services is made.
This includes but is not limited to name, address, date of birth, social
security number & driver license number as well as nationwide
criminal arrest / conviction history, other phone
numbers (published, non-pub or cell), prior phone numbers, current or
prior alias, current or past email, roommates at current and past addresses, internet
social networking and property. Use of an entertainer "stage name" offers
absolutely no
identity protection whatsoever. |
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Via government databases accessible to anyone and CCIC * NCIC accessible to law
enforcement, prior arrests, prosecutions, convictions or deferred
sentences can be
determined as well as knowledge of whether the suspect is presently subject to a deferred sentence,
on probation or on parole. This again can be determined before an
appointment for services is made, shortly after arrest or anytime
thereafter. |
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Via public & government databases accessible to anyone, and via
confidential databases not accessible to the public, property which may
be subject to seizure can be identified - again before an appointment
for services is made. This includes but is not limited to
knowledge of motor vehicle ownership & real property ownership,
including a satellite photo of the home or real property, assessed value
and knowledge of lien secured by trust deed (home equity estimate).
Landlines are locked into a specific location, and cell phone location
at the time of any given call can be ascertained with a high degree of
certainty by cell tower information available from cell phone companies.
Evidence is available that particular calls were received or originated
by a suspect at an owned residence, and any given call or series of
calls may have been with a VNI detective logging prostitution, pandering
or pimping evidence.
If personal property, motor vehicles or real property is or has been
used in conjunction with prostitution or pimping, refer to
forfeiture
civil lawsuit. |
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much to this attorney's chagrin, privacy is pretty much a thing of
the past
all the above information can be gleaned from just a phone number or
email address
counsel has all the above capabilities - law enforcement has additional
access to CCIC & NCIC databases |
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Note: representation
inquiries are covered by the attorney-client privilege, plus attorney
doesn't seek ID information if the prospective client chooses not to
disclose identify during an
initial phone consultation.
Counsel respects privacy for initial inquiries. If charges are
pending and a fee quote is requested, counsel does require
identification to check judicial records for pending charges and case
information plus criminal history in order to provide a realistic quote
regarding attorney fees and litigation costs. |
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Working and providing
services within a nice car or SUV? Using a nice car or SUV driving
to your appointments at an office, hotel, motel, apartment or other
remote location? Working and accepting appointments within your
owned home? Using the phone or computer from your owned home to set
appointments? Effectively setting up
forfeiture of your property to the government is not really a plan, now is it? |
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The above reminds me of
an incident at the University of Minnesota many years ago; about the
same level of forethought and execution. My brother & all other
residents of a high rise dormitory filed out in their underwear at 3
a.m. in snow and subzero weather due to a fire alarm. The
prankster perpetrator didn't want to leave fingerprints on the alarm
lever and get into trouble, so he used his ID card between his fingers
the the lever. Unfortunately for him, in the excitement he left
his student photo ID in the fire alarm box wrapped around the lever. He did achieve his
objective and didn't leave prints - quite clever of him,
wasn't it - perhaps he could even be described as crafty?
Now that you've
been advised re forfeiture, don't do something lacking intelligence.
Attempts to work around identification, arrest and injunction /
forfeiture lawsuit have about the same effectiveness as the fire alarm
prankster kid. Surreptitious efforts don't withstand the light of
judicial scrutiny. |
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Before contact with the suspect, if law enforcement has the time &
inclination, a full history can be worked up including whether the
suspect is a repeat offender, has other pending charges or is currently
on deferred sentence * probation * parole. And, law enforcement can have a pretty good
idea of personal property, motor vehicles or real property which may be
seized and used by VNI or sold to fill government coffers. This
can also be done after arrest. Think of your property as part of a VNI shopping list or pre-approved bank deposit to a government account
and you're getting a the gist of things. You wouldn't be reading
this if criminal defense and forfeiture were not of sincere concern or a
very real and serious problem presently existing for you. Take
heed. |
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Counsel doesn't know how to convey any more
clearly the pitfalls of advertising prostitution services or engaging in
this activity. |
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Counsel has heard on multiple occasions that the client or prospective
client has bills to pay / children's expenses, and that the income from
prostitution is needed. To get through
school I ate field corn because there was no money for groceries (cattle
corn turns the water blood red when boiling). I raised my daughter
alone from infancy through emancipation and raised her best friend for
all practical purposes - all without financial assistance from another
parent. Counsel
knows first hand the cost of raising kids from one tot in diapers to wisdom
teeth extraction for both young women. I understand financial
needs. But, prosecutors and judges
who are on government salary with health benefits will not be persuaded
by economic justification for criminal activity. Judicial won't be impressed with
community spirited service, civic contributions or donations akin to pleasure palace madame
Miss Mona of the Chicken Ranch in the comedy movie
The
Best Little Whorehouse in Texas. Know that - people in the judicial system who
are relevant to criminal case disposition won't care about
"the whys and wherefores". Fast money can support a nice lifestyle. Unlicensed pharmaceutical sales
out of the back of a van also nets fast money
- high income / low overhead. Each endeavor is unlawful; each
carries criminal and forfeiture sanctions. Prostitution
advertising increases the odds of arrest and becomes inculpatory /
aggravation evidence. Perhaps it would be a plan to delete all advertising
and seek lawful employment, regardless of income reduction. Client's life and client's choices. Attorneys defend criminal
cases with facts as they exist when retained, not facts as preferred. |
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After charges have been filed and counsel has been retained, to avoid
intentional destruction of evidence allegations and also avoid future
prostitution or pimping allegations, this attorney gives notice to law enforcement
and prosecutors of intent to delete, then ten days later has the client
delete all internet advertising. |
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If you've been arrested and are considering becoming a confidential
informant in return for "a deal", refer to
immunity. |
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And finally:
1.
Criminal Defense. Be aware these advisements and
warnings are for education purposes; an aid to understanding potential
legal consequences. Please do not interpret as condemnation or an
impediment to aggressive defense strategy. This attorney
vigorously defends prostitution or pimping criminal charges and civil
forfeiture cases, and this attorney is non-judgmental. |
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2. No
Operational Advice. Please do not call, email or fax
inquiring of how to minimize risk in the conduct a prostitution or
pimping business or otherwise operate effectively "below the radar".
Any attorney who gives advice regarding on-going operational activities,
procedures and policies or who participates in the operation of such a
business faces racketeering charges, complicity charges and Supreme
Court disciplinary action - disbarment. This attorney is ethical
and declines any such inquiry or request.
Please call for
criminal defense, but not for advice
regarding how to run or further an unlawful enterprise. |
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DEFENSE OF SEX
CRIMES
HIV VIRUS - AIDS
ACTS BY PROSTITUTE
FELONY
OFFENSE |
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CRS 18-7-201.5 - Acquired immune deficiency syndrome testing for persons convicted of
prostitution
(1) (a) Any person who is convicted of prostitution pursuant to section 18-7-201 or a comparable municipal ordinance shall be ordered by the court to submit to a diagnostic test for the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome. The court shall order that such person shall pay the cost of such diagnostic test as a part of the costs of the action.
(b) As used in this subsection (1), "diagnostic test" means a human immunodeficiency virus (HIV) screening test followed by a supplemental HIV test for confirmation in those instances when the HIV screening test is repeatedly reactive.
(2) The results of any test performed pursuant to this section shall be reported to the person tested and to the district attorney or the municipal prosecuting attorney of the jurisdiction in which the person is prosecuted. The district attorney or municipal prosecuting attorney shall keep the results of such test strictly confidential unless the results of such test indicate the presence of the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome and:
(a) The person is subsequently charged with a violation of section 18-7-201.7 or 18-7-205.7; or
(b) The person is subsequently charged with a violation of section 18-7-201 or 18-7-205 or a comparable municipal ordinance and the district attorney or municipal prosecuting attorney for the charging jurisdiction seeks the test results for purposes of case evaluation, charging, and sentencing. In such case, the district attorney or municipal prosecuting attorney who obtained the original conviction pursuant to section 18-7-201 or a comparable municipal ordinance may release the test results only to the district attorney or municipal prosecuting attorney in the charging jurisdiction or the said district attorney's or municipal prosecuting attorney's designee. Any district attorney or municipal prosecuting attorney who receives test results pursuant to this paragraph (b) shall keep said test results strictly confidential, except as provided in this subsection (2).
(3) (a) The test ordered pursuant to subsection (1) of this section shall be performed by a facility that provides ongoing health care.
(b) An employee of the facility that performs the test shall provide, for purposes of pretrial preparation and in court proceedings, oral and documentary evidence limited to whether the person tested pursuant to subsection (1) of this section and subsequently charged under section 18-7-201.7 or 18-7-205.7 was provided notice prior to the date of the offense that he or she had tested positive for the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome and the date of such notice.
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CRS 18-7-201.7 - Prostitution with knowledge of being infected with acquired immune deficiency
syndrome
(1) Any person who performs or offers or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse, as such terms are defined in section 18-7-201 (2), with any person not his spouse, in exchange for money or any other thing of value, and if such person has been tested for acquired immune deficiency syndrome pursuant to section 18-7-201.5 or 18-7-205.5 or otherwise, and the results of such test indicate the presence of the human immunodeficiency virus (HIV) which causes acquired immune deficiency syndrome, such person commits prostitution with knowledge of being infected with acquired immune deficiency syndrome.
(2) Prostitution with knowledge of being infected with acquired immune deficiency syndrome is a class 5 felony.
(3) (a) In sentencing any person convicted of prostitution with knowledge of being infected with acquired immune deficiency syndrome pursuant to this section, the court may order that such person submit to an assessment for the use of controlled substances or alcohol developed pursuant to
CRS 16-11.5-102 (1) (a). The court may further order that such person comply with the recommendations of such assessment as part of any sentence to probation, county jail, community corrections, or incarceration with the department of corrections. The assessment and compliance with the recommendations of the assessment shall be at the person's own expense, unless the person is indigent.
(b) In addition to treatment for abuse of controlled substances and alcohol, the court may require the person to participate in mental health treatment if such treatment is recommended in the person's
pre-sentence report prepared pursuant to CRS 16-11-102. The mental health treatment shall be at the person's own expense, unless the person is indigent.
QUICK
SENTENCING GRID
CRS 18-1.3-401 Class 5 Felony Offenses
Classification - Presumptive Sentencing Penalties
| FELONY
CRIMINAL OFFENSES |
Presumptive
Prison |
Presumptive
Fines |
| CRS 18-1.3-401 |
Minimum |
Maximum |
Parole |
Minimum |
Maximum |
| Class 5 Felony Classification
(F-5)
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1 year |
3 years |
2 years |
$1,000 |
$100,000 |
| F-5 Mitigated |
6 months |
18 months |
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| F-5 Aggravated |
3 years
+ 1 day |
6 years |
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two felony convictions - minimum sentence mandatory
- no probation CRS 18-1.3-401(1)(b)(II)
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Mitigation - not less than one-half the
presumptive minimum sentence CRS 18-1.3-401(6)
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Aggravation - not more than twice the presumptive
maximum sentence. CRS 18-1.3-401(6)
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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
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Jail sentence to home detention
(ankle bracelet) is not prohibited, but is unlikely
The Court may impose any other condition reasonably related to rehabilitation.
A period of probation would not be uncommon.
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DEFENSE OF SEX
CRIMES
HIV VIRUS - AIDS
ACTS BY A
PERSON
PATRONIZING A PROSTITUTE
FELONY
OFFENSE |
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CRS 18-7-205.5 - Acquired immune deficiency syndrome testing for persons convicted of patronizing a
prostitute
(1) (a) Any person who is convicted of patronizing a prostitute pursuant to section 18-7-205 or a comparable municipal ordinance shall be ordered by the court to submit to a diagnostic test for the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome. The court shall order that such person shall pay the cost of such diagnostic test as a part of the costs of the action.
(b) As used in this subsection (1), "diagnostic test" means a human immunodeficiency virus (HIV) screening test followed by a supplemental HIV test for confirmation in those instances when the HIV screening test is repeatedly reactive.
(2) The results of any test performed pursuant to this section shall be reported to the person tested and to the district attorney or the municipal prosecuting attorney of the jurisdiction in which the person is prosecuted. The district attorney or the municipal prosecuting attorney shall keep the results of such test strictly confidential unless the results of such test indicate the presence of the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome and:
(a) The person is subsequently charged with a violation of section 18-7-201.7 or 18-7-205.7; or
(b) The person is subsequently charged with a violation of section 18-7-201 or 18-7-205 or a comparable municipal ordinance and the district attorney or the municipal prosecuting attorney for the charging jurisdiction seeks the test results for purposes of case evaluation, charging, and sentencing. In such case, the district attorney or municipal prosecuting attorney who obtained the original conviction pursuant to section 18-7-205 or a comparable municipal ordinance may release the test results only to the district attorney or municipal prosecuting attorney in the charging jurisdiction or the said district attorney's or municipal prosecuting attorney's designee. Any district attorney or municipal prosecuting attorney who receives test results pursuant to this paragraph (b) shall keep said test results strictly confidential, except as provided in this subsection (2).
(3) (a) The test ordered pursuant to subsection (1) of this section shall be performed by a facility that provides ongoing health care.
(b) An employee of the facility that performs the test shall provide, for purposes of pretrial preparation and in court proceedings, oral and documentary evidence limited to whether the person tested pursuant to subsection (1) of this section and subsequently charged under section 18-7-201.7 or 18-7-205.7 was provided notice prior to the date of the offense that he or she had tested positive for the human immunodeficiency virus (HIV) that causes acquired immune deficiency syndrome and the date of such notice.
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CRS 18-7-205.7 - Patronizing a prostitute with knowledge of being infected with acquired immune deficiency
syndrome
(1) Any person who performs any of the acts described in section 18-7-205 (1), with any person not his spouse, and if such person has been tested for acquired immune deficiency syndrome pursuant to section 18-7-201.5 or 18-7-205.5 or otherwise, and the results of such test indicate the presence of the human immunodeficiency virus (HIV) which causes acquired immune deficiency syndrome, such person commits patronizing a prostitute with knowledge of being infected with acquired immune deficiency syndrome.
(2) Patronizing a prostitute with knowledge of being infected with acquired immune deficiency syndrome is a class 6 felony.
QUICK
SENTENCING GRID
CRS 18-1.3-401 Class 6 Felony Offenses
Classification - Presumptive Sentencing Penalties
| FELONY
CRIMINAL OFFENSES |
Presumptive
Prison |
Presumptive
Fines |
| CRS 18-1.3-401 |
Minimum |
Maximum |
Parole |
Minimum |
Maximum |
| Class 6 Felony Classification
(F-6)
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1 year |
18 months |
1 year |
$1,000 |
$100,000 |
| F-6 Mitigated |
6 months |
9 months |
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| F-6 Aggravated |
1 year
+ 1 day |
3 years |
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two felony convictions - minimum sentence mandatory
- no probation CRS 18-1.3-401(1)(b)(II)
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Mitigation - not less than one-half the
presumptive minimum sentence CRS 18-1.3-401(6)
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Aggravation - not more than twice the presumptive
maximum sentence. CRS 18-1.3-401(6)
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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
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Jail sentence to home detention
(ankle bracelet) is not prohibited, but is unlikely
The Court may impose any other condition reasonably related to rehabilitation.
A period of probation would not be uncommon.
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Potential Defenses
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The most common defenses to a
charge of this nature would be factual - that the alleged acts or
statements did not occur or that which may have occurred does not fall
within prohibited conduct as defined by statutes or ordinances. For common legal defenses,
refer to:
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1.
Entrapment
2.
Law
Enforcement Outrageous Conduct - Due Process Violation
3.
Jurisdictional
Attack
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Perhaps you have come
from a locale where prostitution is legal. This is Colorado where
it is a crime. Belief that it should be legalized or arrival from
a jurisdiction where permitted are neither affirmative defenses, nor
mitigating circumstances, nor relevant. That's just the way of
life in Colorado. Recognize that fact or be prepared to retain a
criminal defense attorney.
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INDEPENDENT SERVICE PROVIDERS |
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Where relevant, attorney utilizes
the services of independent professionals. Rates of independent
providers of professional services change periodically and billings are not
controlled by counsel. |
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If retained by counsel as an
agent of the attorney, such independent service providers are protected and bound by the
attorney-client privilege and the attorney work product doctrine. If retained privately by the client, no such
agency or confidentiality exists. |
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OTHER
POTENTIAL LITIGATION |
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PROSTITUTION CRIMINAL DEFENSE
and potential secondary consequences
DO I NEED AN
ATTORNEY? |
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Do I need an attorney?
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Probably time to loosen the pocket book and
hire a
defense attorney. |
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Prostitution and related charges or
pimping allegations can have
very serious, long term consequences well beyond the sentencing order of
the judge. |
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Background check examples: post secondary
educational program acceptance, employment, security clearance, professional licensing
CRS
24-72-305.4, volunteering at your child's or grandchild's
school, daycare or social group activities such as boyscouts, girlscouts,
etc.
CRS
24-72-305.3, caregiver functions,
CRS
24-72-305.3, foreign travel visa, firearm purchase (gun collection, hunting or target practice)
Federal
Brady Bill, concealed
weapon permit - this mentions only a few common possibilities. |
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Adoptions - step parent adoption, relative adoption or straight adoption -
mandatory background checks of DHS TRAILS, CBI and FBI are required. |
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Every arrest with
jailhouse booking results in a report to
the
Colorado Bureau of Investigation CBI
Central Registry. Background check of this database can be conducted
by anyone at any time -
CBI records check database is
not difficult to find. |
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Every
prostitution
criminal case
court filing results in records with
the law enforcement agency, prosecution records and court records.
State judicial records can be checked via
LexisNexis or
CoCourts
and
Denver Court. Municipal courts are
not yet on-line, but accessible to the public with a phone call or written
request under the Colorado Open Records Act - CRS 24-72-200.1, et. seq. or
the Colorado Criminal Justice Records Act - CRS 24-72-301, et. seq.. |
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Throughout this webpage, potential
forfeiture
civil lawsuit has been
addressed. That's a very real possibility, including service of
process at a most inconvenient time or location. |
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C.R.Civ.P.4(e)
Personal Service. Personal service shall be as follows:
Upon a natural person whose age is eighteen years or
older by delivering a copy thereof to the person, or by leaving a copy
thereof at the person's usual place of abode, with any person whose age is
eighteen years or older and who is a member of the person's family, or at
the person's usual workplace, with the person's secretary, administrative
assistant, bookkeeper, or managing agent; or by delivering a copy to a
person authorized by appointment or by law to receive service of process.
** C.R.Civ.P.304(d) - county court rules - in accord |
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Personal service at
one's place of employment is inconvenient, particularly if one's secretary
is served. Has that happened to one of attorney's former clients?
yes |
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Personal service upon
an adult living at one's residence (the wife) is inconvenient. Has
that happened to one of attorney's former clients? yes |
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Publication. In
the mid 1980s after a criminal case was successfully concluded with
sealing eligibility, the DA Office forfeiture division commenced a civil
lawsuit against my client seeking the $124.80 fee paid to an undercover
female officer allegedly for prostitution services to be rendered.
The DDA attempted but couldn't get personal service of process upon the
gentleman who lived in a very small berg out in the western slope toolies.
The DDA didn't call me as former counsel of record in the criminal case to
determine whether the man would cooperate and waive service of process in
the civil case. The DDA elected service by publication in the
neighboring hub newspaper, a paper of general circulation as notice
required by CRS 13-1-125 and C.R.Civ.P.4(g), C.R.Civ.P.304(f). DDA
followed legal protocol and acted within ethical bounds. Everyone in
the area read the paper & knew everyone else's business. 12 gauge
shotgun; the client committed suicide. As of 6/2011 the prosecutor
remains with the DA Office, and remains both ethical and aggressive. |
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DDAs handling
forfeiture lawsuits rotate and new hires come in. There is no means
for any attorney to notify a forfeiture DDA that the private attorney is
willing to assist in waiver of service of process to avoid personal
service or publication. |
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Sealing civil court records is most
difficult. No sealing statute exists for civil court records.
As a protection to civil liberties, our judicial system was founded upon
open courts and open court records. Hopefully no civil forfeiture
action will be brought, but if so, sealing civil court records is a an
uphill battle which should be fought. Refer to the sealing link for
information, and refer above regarding ease of court records search. |
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If married, a prostitution charge would likely
be a significant withdrawal from the First Marital Fidelity Bank and
Trust. A spouse can be a stringent fidelity account manager -
dissolution of marriage may be a
concern. |
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Websites offering prostitution services may be
glamorous, titillating or exciting. Publishing reviews of services
received may give a fellow some sense of empowerment or importance.
However, circumstances surrounding prostitution which attorneys see are
neither pretty, nor exotic nor fun. I assure you this is not a game
- it's a costly world of hurt for a defendant service provider or patron.
That's where counsel steps in addressing each legal difficulty or issue
which may be encountered. |
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Prostitution and related offenses are
considered to be crimes of moral turpitude
which may have significant secondary repercussions.
Your ultimate goal should be case conclusion with eligibility to file a
petition to
seal criminal justice records.
Dismissal or not guilty verdict is insufficient. Criminal justice
records must be sealed to avoid potential secondary consequences. This is simply beyond the ken of most laymen. If you'll ever need an attorney in your life, now
may be the time.
You may retain my
services or the services of another attorney, but hire competent defense counsel.
If you are looking for earnest case preparation and representation, please
call or
email. However, please look elsewhere if you are seeking an inexperienced or
hungry attorney who will open file and run down to negotiate a nominal
effort, quick settlement for a cheap fee. We won't travel that road
together. |
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ATTORNEY'S FEES
AND COSTS
PROSTITUTION
** PATRONIZING A PROSTITUTE
FELONY PIMPING
**
ORGANIZED CRIME - RACKETEERING |
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Please
call or
email if you are looking for
earnest case preparation and representation. However, if you are seeking an inexperienced or
hungry attorney who will open file and run down to negotiate a nominal
effort - quick settlement for a cheap fee, kindly look
elsewhere. We won't travel that road
together. |
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At the time of the first visit, a prospective
client will be given a quote for fees and estimated costs. The quote will
be honored for a period of seven (7) days, after which quotes are subject to change
without notice if this office has not been retained. Fee quote and costs
trust deposit is dependent upon the facts and circumstances of each individual
case. Attorney fee options + litigation costs: 1)
hourly attorney fees only 2)
settlement flat fee with trailing trial flat fee 3) trial flat fee only
4) hourly fees or flat fee at client's discretion. Attorney determines
options to be offered. Litigation costs are not included in fees -
client's obligation. Attorney is a sole
practitioner with need to manage his caseload. Pending proposed client
acceptance and payment, retainer agreement proposals are subject to
withdrawal. Attorney reserves the right to decline any case. Refer to:
a)
first
consultation b)
attorney fees * costs * billings page
c) additional
information. |
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POTENTIAL FEE
QUOTE
PROSTITUTION
** PATRONIZING A PROSTITUTE
CRIMINAL DEFENSE |
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first offense - no prior related arrest, deferred sentence or
conviction nor other prior sex offense charges
non-professional ** no service advertising **
no charges escort service code or massage parlor code |
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TRIAL
FLAT FEE |
$4,750 |
| settlement fee
previously paid would be
deducted |
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Allegations of
prior conviction
or misconduct to be introduced by prosecutors for a collateral purpose
would effect a
fee quote. Prostitution does not
cause
sex
offender classification and
registered
sex offender status if a
deferred sentence is
accepted. Given the moral turpitude nature of the charge,
trial is more likely than in many prosecutions. If records can later be
sealed,
deferred sentence is a possible disposition. This leaves room for
plea negotiations. Most
non-professional prostitution first offense cases plea bargain and do not
proceed to trial. |
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hourly fees may be less than offered
flat fees, however are not capped and more likely may exceed offered
flat fees
hourly fee option election by client ---
payment of flat fee + estimated costs total trust deposit required to
retain
trust deposit overage -
refunded at case conclusion ** undercapitalization
- immediate trust deposit required
CLIENT'S INITIAL ELECTION RE
FLAT FEE OR HOURLY FEES SHALL BE BINDING AND FINAL |
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attorney does not accept
installment payments
* full payment
is due at the time attorney is retained
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major charge cards
accepted |
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prostitution defense flat fees
significantly reduced on a temporary basis 11/2011 due to national & local economic
conditions
attorney reserves the right to
amend or withdraw temporary reduction at any time - refer to above
temporary flat fee notice |
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PROSTITUTION
** PATRONIZING A PROSTITUTE
first offense ** non-professional ** no service advertising **
no charges escort service code or massage parlor code
TRIAL OR CONTESTED
PROCEEDINGS
Colorado Springs Attorney Robert D. Gustafson
ATTORNEY FEES
LITIGATION COSTS DEPOSIT |
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common
trust deposit
request
including attorney's fees &
litigation costs - excluding travel
settlement attorney fees paid would be
deducted from trial attorney fees due
additional cost deposit may be requested as trial preparation proceeds &
anticipated litigation
expenses solidify |
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* this shall not
constitute an offer, nor be construed as a binding estimate |
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use of
professional services
or expert witnesses will significantly effect litigation cost
expenditure - client's responsibility |
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Client authorization
is obtained
for any large cost expense. Final expenditure may run less or
client
may periodically be asked for additional amounts to be deposited to trust if
fees and costs will exceed previous deposits. |
Client
will be provided with a trust accounting and itemized
billing statement when there has been activity on the account. At the end of
each case, a detailed accounting summary is provided and
remaining trust proceeds are refunded. |
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trust
deposit for anticipated fees & costs is due when
retained |
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attorney does not accept installment payments |
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regular billings are
scheduled on the 1st and 15th
payment not received
as agreed = representation withdrawn |
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MAJOR CREDIT CARDS
ACCEPTED |
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PARTIAL LIST OF POTENTIAL
COSTS
out of pocket costs are the responsibility of the
client |
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e-Filing
availability and court mandatory requirements |
litigation costs
fluctuate - not within attorney control
costs change & below cost information may be
obsolete |
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COLORADO STATE COURT WEBSITE |
| link to Colorado
Judicial Branch website - current costs |
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CRIMINAL & TRAFFIC COURT COSTS |
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Potential Expenses |
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Price |
Background Search
- cost per person searched - client and alleged victim |
| 20.00 |
Offense
Report |
| 10.00 |
DA
Office
or
City Attorney
discovery packet -
estimate (actual may be more or less) |
| 25.00 |
State
court jury deposit (some offenses) C.R.Crim.P. 23, CRS
16-10-109 (non-refundable except by acquittal) |
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25.00 |
Municipal
court jury deposit |
| 10.00 |
Court records search
& copy costs (actual may be more or less) |
| 10.00 |
Copy expense at
courthouse for prior offense files (estimate - may vary) |
| 75.00 |
Public
Service supervision fee |
| 37.50 |
OJW fee to
court
(outstanding judgment warrant) -
anticipating Integral Recoveries collection agency costs |
| 95.00 |
DMV reinstatement fee |
| 4.40 |
DMV clearance letter - certified copy
of Colorado driving abstract |
| 1,000.00 |
Private Investigator
initial retainer - variable based upon number of witnesses to interview |
| 200.00 |
Law enforcement VNI audio or vidoe tapes
or recordings - widely variable |
| 200.00 |
Law enforcement 911 /
dispatch records, tapes & transcript - widely variable |
| 200.00 |
Subpoena
process service
expense - depends on number of subpoenas issued |
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$3 per page |
Transcriptionist - law
enforcement 911 / dispatch audio files & investigator interview audio
recordings if relevant |
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Varies |
On-line
legal
research - dependent upon issues requiring legal research,
if any |
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Rates |
Travel
time and expenses if the case
is outside El Paso County |
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Alcohol or Substance Testing & Testimony
if Relevant |
| 165.00 |
Toxicology - BAC Ethanol
(alcohol) only |
| 215.00 |
Toxicology
- BAC Ethanol
(alcohol) + NaFl (preservative) |
consult counsel or
lab
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Toxicology - UA
qualitative or
quantitative toxicology screen for marijuana, substance quantitative
toxicology screen for marijuana or
qualitative and quantitative drug screen |
3,000
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Laboratory
- Toxicologist testimony hourly fees and travel mileage - if
expert testimony relevant
misdemeanor hourly rate $350 - 5 hours
travel time + minimum 1.5 hours court time |
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In every prostitution or pimping case, it is prudent to place law enforcement 911 *
dispatch tapes and records, plus other
law enforcement
records including VNI video or audio tapes made at the time of the alleged
offense under subpoena duces tecum. Expense will depend upon the amount
of time the
law enforcement agency
spends searching dispatch tapes and records. It is also prudent to have police officer
and witness interviews conducted by a
private investigator prior to negotiation. |
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CAVEAT:
Not all above costs will be relevant to any given case, and additional
expenses not identified may be incurred in any individual case. Costs
quoted are subject to change by independent providers; actual costs paid will
be billed. limited
search
pricing |
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POTENTIAL FEE
QUOTE
PROSTITUTION
* ESCORT SERVICE CODE * MASSAGE PARLOR CODE |
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prior prostitution or related arrest, deferred sentence or
conviction or other prior sex offense charges
professional ** escort or other service
advertising via internet or hardcopy publication
prostitution service provider **
escort service code charges ** massage
parlor code charges |
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