Colorado Democrats ERASE Prostitution Laws

Colorado lawmakers just introduced legislation that would make their state the first in America to completely erase all criminal penalties for prostitution, not merely regulate it like Nevada, but remove the handcuffs entirely.

Story Snapshot

Senate Bill 097 would fully decriminalize prostitution among consenting adults by July 2026, eliminating all criminal penalties for sex workers and clients
Colorado would become the first state to completely decriminalize rather than regulate prostitution, differentiating it from Nevada’s legalized brothel system
The bill maintains felony charges for pimping and pandering but removes local governments’ authority to ban prostitution through municipal ordinances
Sponsors frame the measure as public health policy protecting vulnerable workers, while critics warn of exploitation risks and human trafficking connections
Governor Jared Polis and Attorney General Phil Weiser remain silent on the proposal despite its potential historic significance

A Policy Born From Personal Conversation

State Senator Nick Hinrichsen introduced this 16-page bill after speaking with a constituent who works in the sex trade. The Senate Majority Whip from Pueblo admits he initially doubted the need for such radical reform. Those conversations changed his mind. His co-sponsor, Senate Assistant Majority Leader Lisa Cutter from Jefferson County, along with House Representatives Lorena Garcia and Rebekah Stewart, joined the effort introduced February 11, 2026. The bill now sits in the Senate Judiciary Committee, where Democrats hold a 5-2 advantage, though no hearing has been scheduled.

The legislation would repeal Colorado statutes criminalizing prostitution, solicitation, patronization, and keeping places of prostitution. Currently, engaging in sex work carries petty offense status with fines and up to 10 days in jail. Both workers and clients face charges. The proposed law replaces “prostitution” with “commercial sexual activity” throughout state code, a linguistic shift sponsors believe matters. The bill also allows anyone previously charged or convicted of prostitution offenses to apply for sealed records once the law takes effect.

Decriminalization Versus Legalization Matters

Senator Hinrichsen emphasizes a critical distinction that opponents often blur. Nevada legalized prostitution through regulated brothels in certain counties, creating what he calls a problematic two-tiered system. Colorado’s approach removes all criminal penalties without establishing government-run regulatory frameworks. The sponsors argue Nevada’s model pushes workers into underground markets where trafficking flourishes. Their bill maintains serious felony penalties for exploitation: pimping remains a Class 3 felony, while pandering involving menacing or criminal intimidation stays a Class 5 felony. Sex work involving anyone under 18 remains illegal, and human trafficking victims receive explicit protections from criminal or juvenile charges.

Local governments would retain limited regulatory authority over escort bureaus and massage parlors under the bill’s framework. Municipalities could not ban prostitution outright through home rule powers, a provision that has already drawn opposition from Colorado Springs-area cities including Fountain, Woodland Park, and Monument. Client-patron contracts would become public records, a transparency measure that raises privacy questions. The bill’s regulatory details remain sparse regarding where solicitation could occur, leaving implementation questions unanswered. Critics note this vagueness could create enforcement confusion if the measure becomes law.

The Public Health Argument Versus Reality

Senator Cutter frames the bill plainly: two consenting adults should engage in commercial activity without legal consequences, enabling sex workers to access medical care and report abuse without arrest fears. Proponents argue criminalization creates physical, emotional, and structural violence against workers who cannot vet clients or seek help when crimes occur. The ACLU of Colorado supports the measure, aligning with civil liberties arguments about bodily autonomy and harm reduction. This perspective treats sex work as legitimate labor deserving the same protections as other professions, removing the stigma that prevents workers from accessing justice systems.

The opposition presents sobering counterarguments rooted in research data. Critics point to studies showing sex workers experience worse outcomes across practically every physical and psychological health metric compared to the general population. The connection between prostitution and human trafficking presents the most troubling concern. Statistics reveal the vast majority of trafficking victims end up in prostitution, with the average entry age of 13 years old. These facts suggest a pipeline from childhood exploitation to adult sex work that decriminalization may not address. The question becomes whether removing criminal penalties helps vulnerable individuals or simply makes their exploitation easier to ignore.

Political Silence Speaks Volumes

Governor Jared Polis has offered no public comment on legislation that would make Colorado a national outlier on prostitution policy. Attorney General Phil Weiser, currently running for governor as a Democrat, also remains silent. Their reticence suggests political calculation about a measure that splits traditional Democratic constituencies. Progressive activists embrace decriminalization as social justice reform, while other party members worry about public safety implications and the signal sent to families. Even Senate Judiciary Committee members Dylan Roberts and Mike Weissman stated they had not yet reviewed the bill, despite its assignment to their committee.

The bill’s July 2026 implementation deadline assumes passage through both chambers and gubernatorial signature, an uncertain prospect given the executive branch’s silence. Colorado’s legislative session provides limited time for controversial measures to gain traction, and this bill faces significant public skepticism. Local law enforcement agencies would need to redirect resources currently allocated to prostitution enforcement, while municipalities would scramble to develop compliant regulatory frameworks. The practical challenges of implementation may prove as contentious as the philosophical debates about whether consenting adults should face criminal charges for commercial sexual transactions.