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

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

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

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

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

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

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

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

        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.

        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.

        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."

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

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

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

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

CRS 18-7-207 - Prostitute making display. Any person who by word, gesture, or action endeavors to further the practice of prostitution in any public place or within public view commits a class 1 petty offense.

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

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

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

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

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

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

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

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

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

CRS 18-7-205 - Patronizing a prostitute
        (1) Any person who performs any of the following with a person not his spouse commits patronizing a prostitute:
                (a) Engages in an act of sexual intercourse or of deviate sexual conduct with a prostitute; or
                (b) Enters or remains in a place of prostitution with intent to engage in an act of sexual intercourse or deviate sexual conduct.
        (2) Patronizing a prostitute is a class 1 petty offense.

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