(1) (a) A person commits human trafficking for sexual servitude if the person knowingly sells, recruits, harbors, transports, transfers, isolates, entices, provides, receives, or obtains by any means another person for the purpose of coercing the person to engage in commercial sexual activity.
(b) Human trafficking for sexual servitude is a class 3 felony.
(2) (a) A person commits human trafficking of a minor for sexual servitude if
the person:
(I) Knowingly sells, recruits, harbors, transports, transfers, isolates, entices,
provides, receives, obtains by any means, maintains, or makes available a minor for
the purpose of commercial sexual activity; or
(II) Knowingly advertises, offers to sell, or sells travel services that facilitate
an activity prohibited pursuant to subsection (2)(a)(I) of this section.
(b) Human trafficking of a minor for sexual servitude is a class 2 felony. The
court shall sentence a person convicted of such a class 2 felony to the department
of corrections for a term of at least the minimum of the presumptive range for a
class 2 felony, as set forth in section 18-1.3-401.
(c) In any prosecution under this subsection (2), it is not a defense that:
(I) The minor consented to being sold, recruited, harbored, transported,
transferred, isolated, enticed, provided, received, obtained, or maintained by the
defendant for the purpose of engaging in commercial sexual activity;
(II) The minor consented to participating in commercial sexual activity;
(III) The defendant did not know the minor’s age or reasonably believed the
minor to be eighteen years of age or older; or
(IV) The minor or another person represented the minor to be eighteen years
of age or older.
(2.5) It is an affirmative defense to a charge pursuant to this section if the
person being charged, at the time of the offense, was a victim of human trafficking
for sexual servitude who was forced or coerced into engaging in human trafficking
for sexual servitude pursuant to this section.
(3) A person does not need to receive any of the proceeds of any commercial
sexual activity to commit an offense described in this section.
(4) Conviction for an offense described in this section does not preclude
conviction for an offense described in article 6 or 7 of this title based in whole or in
part on the same or related conduct, and the court shall not require the prosecution
to elect at trial between such offenses.
L. 2014: Entire part R&RE, (HB 14-1273), ch. 282, p. 1146, § 1, effective July 1. L. 2017: (2)(b) amended, (HB 17-1172), ch. 161, p. 598, § 1, effective August 9; (2)(a) amended and (2.5) added, (HB 17-1072), ch. 250, p. 1049, § 2, effective September 1. L. 2019: (1)(a) and (2)(a) amended, (SB 19-185), ch. 147, p. 1766, § 4, effective May 6. L. 2024: (2.5) amended, (SB 24-035), ch. 54, p. 187, § 4, effective April 11.
For the legislative declaration in SB 19-185, see section 1 of chapter 147, Session Laws of Colorado 2019.
