Full Decriminalization of the Commercial Sex Trade Proposed in Colorado State Legislature
On February 11 a bill was introduced in the Colorado state legislature to fully decriminalize commercial sex. By full decriminalization, it means that laws prohibiting the buying or selling of sexual activity would be repealed, without introducing any new systems for regulating or attempting to provide safeguards for those exploited within the massive and lucrative commercial sex industry.
This is a dangerous bill that, if passed, would expand the number of victims of sexual exploitation, and undermine efforts to prevent sex trafficking, puruse and punish traffickers, and provide victim support. Passage of this bill would be disastrous for the state of Colorado, and would set a precedent making it more likely that other states would follow.
We urge you to reach out to the proposal’s sponsors (contact information is provided below) to voice your objections to this bill and ask that it be withdrawn from consideration.
The Bill is SB26-097, “An Act Concerning Decriminalizing Commercial Sexual Activity Among Consenting Adults.” The bill declares that decriminalizing commercial sexual activity among “consenting adults” is a matter of statewide concern and expressly preempts statutory or home rule city, town, city and county, or county ordinances, resolutions, regulations, or codes criminalizing commercial sex. The bill repeals the state criminal offenses of prostitution, soliciting for prostitution, keeping a place of prostitution, patronizing a prostitute, and prostitute making display. It also repeals the offense of pandering when it involves knowingly arranging or offering to arrange a situation that permits a person to practice prostitution. The bill also eliminates a court program for persons charged with certain prostitution-related offenses.
Those arguing for eliminating laws against prostitution argue that doing so promotes the health and safety of all involved, reduces abuses against those in the trade by destigmatizing it and removing barriers to reporting assaults to police, and frees up scarce police resources to focus on the more serious problem of sex trafficking. That may all sound sensible, but none of it is true.
We know it’s not true because it has been tried many times, in many places, in many forms, over many decades, and failed every time. New Zealand decriminalized prostitution two decades ago, and found that doing so has almost completely undermined its ability to investigate sex trafficking cases, let alone convict or punish anyone for it, and has made it nearly impossible to identify sex trafficking victims. This profound failure led the U.S. State Department in 2021 to downgrade New Zealand from a Tier I to a Tier II nation in its annual global Trafficking in Persons Report rankings. New Zealand has maintained its Tier II ranking ever since, as seen in the 2025 TIP report.
Prostitution “Tolerance Zones,” which implements a “de facto” full decriminalization by adopting a policy of choosing not to enforce prostitution laws have been tried, and have failed every time. Boston, MA sought to manage its rampant prostitution problems in the 1960s and 1970s by allowing it within a few square blocks. The area quickly became known as the “Combat Zone” and became one of the most dangerous areas in the state, and abuses against sex trade survivors flourished. Since 2020, several U.S. cities (such as Baltimore, San Francisco, and Seattle) declared policies of de facto decriminalization by refusing to prosecute prostitution, and the results have been, predictably, disastrous. Public outcry over the surge in local crime in these cities led to the prosecutors being removed from office and their decriminalization policies reversed.
Colorado has widespread and severe problems arising from the sex trade, and decriminalization of prostitution will make them worse. In 2024 alone in Colorado, 185 human trafficking cases involving 318 victims were identified through the National Human Trafficking Hotline. At least 90 cities and counties throughout Colorado have had well-documented problems generated by commercial sex, including the homicide of prostituted women, serial killers stalking prostituted women, sex trafficking of children, assaults, robberies, weapons and drug offenses, and (almost universally) complaints from residents and business owners.
Allowing an inherently dangerous, illegal trade to expand unabated and without recourse does not reduce harm. The path to safety and protection of human rights is prevention, achieved by keeping and enforcing laws against pimping, trafficking, and purchasing sex, while providing support and pathways out for those who are exploited as the commodity of prostitution.
In addition to this bill being disastrous for the state of Colorado, if passed it could set a precedent for other states. In the past several years, bills to fully decriminalize prostitution have been introduced in at least eight other states and the District of Columbia.
So far, opposition has kept decriminalization from being realized in these states, but every year the illegal commercial sex industry pushes forward, and takes tremendous effort to oppose their well-funded, global efforts.
The sponsors of SB26-097 are listed below, and we urge you to voice your opposition to this bill in Colorado becoming a dangerous precedent.
Senator Nick Hinrichsen
nick.hinrichsen.senate@coleg.gov
Senator Lisa Cutter
Representative Lorena Garcia
Representative Rebekah Stewart
rebekah.stewart.house@coleg.gov
Capitol address:
200 E Colfax
RM 346
Denver, CO 80203
United States