SB 15

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     SENATE BILL 26-015
     BY SENATOR(S) Pelton B. and Roberts, Baisley, Benavidez, Bridges,
     Bright, Carson, Catlin, Danielson, Exum, Frizell, Kirkmeyer, Kolker,
     Lindstedt, Liston, Marchman, Mullica, Pelton R., Rich, Simpson, Snyder,
     Sullivan, Zamora Wilson, Coleman;
     also REPRESENTATIVE(S) Duran and Caldwell, Barron, Boesenecker,
     Brown, Clifford, Flanell, Gonzalez R., Hartsook, Johnson, Keltie, Lieder,
     Lindsay, Lukens, Marshall, Nguyen, Richardson, Rutinel, Weinberg,
     Winter T., Woog, McCluskie.
     CONCERNING OFFENSES INVOLVING COMMERCIAL SEXUAL ACTIVITY WITH A
          CHILD.
     Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1. Legislative declaration. (1) The general assembly
     finds and declares that:
             (a) Because of the harms suffered by victims of crimes involving
     commercial sexual activity with a child, the general assembly encourages
     courts to exercise their discretion to sentence persons convicted of soliciting
     for commercial sexual activity with a child to the department of corrections
     for a term of at least the minimum of the presumptive range for a class 3
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
felony, as set forth in section 18-1.3-401; and
        (b) In making a determination regarding sentencing, diversion,
probation, or other disposition involving an adult defendant accused of
committing soliciting for commercial sexual activity with a child, the
general assembly encourages the court to consider whether the defendant
is a current victim of human trafficking or has experienced coercion, force,
fraud, abuse, or exploitation associated with human trafficking.
      SECTION 2. In Colorado Revised Statutes, repeal and reenact,
with amendments, 18-7-401 as follows:
       18-7-401. Definitions.
       AS USED IN THIS PART 4, UNLESS THE CONTEXT OTHERWISE REQUIRES:
       (1) "CHILD" MEANS A PERSON WHO IS UNDER EIGHTEEN YEARS OF
AGE.
      (2) "COMMERCIAL SEXUAL ACTIVITY" MEANS SEXUAL ACTIVITY FOR
WHICH ANYTHING OF VALUE IS GIVEN TO, PROMISED TO, OR RECEIVED BY A
PERSON.
       (3) "SEXUAL ACTIVITY" MEANS:
       (a) SEXUAL CONTACT, AS DEFINED IN SECTION 18-3-401 (4);
       (b) SEXUAL INTRUSION, AS DEFINED IN SECTION 18-3-401 (5);
       (c) SEXUAL PENETRATION, AS DEFINED IN SECTION 18-3-401 (6);
      (d) SEXUAL EXPLOITATION OF A CHILD PURSUANT TO SECTION
18-6-403 (3)(a) AND (3)(d); OR
       (e) AN OBSCENE PERFORMANCE, AS DEFINED IN SECTION 18-7-101.
      SECTION 3. In Colorado Revised Statutes, amend 18-7-402 as
follows:
       18-7-402. Soliciting for commercial sexual activity with a child
PAGE 2-SENATE BILL 26-015
- sentencing.
      (1)A person commits soliciting for child prostitution if he
COMMERCIAL SEXUAL ACTIVITY WITH A CHILD IF THE PERSON:
      (a) KNOWINGLY SOLICITS A CHILD FOR COMMERCIAL SEXUAL
ACTIVITY;
       (a) (b) KNOWINGLY solicits another for the purpose of prostitution
of a child or by a child COMMERCIAL SEXUAL ACTIVITY WITH A CHILD;
       (b) (c) Arranges or offers to arrange a meeting of persons for the
purpose of prostitution of a child or by a child KNOWING THE MEETING WILL
FACILITATE COMMERCIAL SEXUAL ACTIVITY WITH A CHILD; or
      (c) (d) Directs another to a place knowing such THE direction is for
the purpose of prostitution of a child or by a child WILL FACILITATE
COMMERCIAL SEXUAL ACTIVITY WITH A CHILD.
      (2) (a)  Soliciting for child prostitution COMMERCIAL SEXUAL
ACTIVITY WITH A CHILD is a class 3 felony.
      (b) A PERSON CONVICTED OF SOLICITING FOR COMMERCIAL SEXUAL
ACTIVITY WITH A CHILD SHALL BE SENTENCED IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 18-1.3-401 AND THIS SUBSECTION (2).
       (c) IF THE COURT SENTENCES THE PERSON TO A TERM OF PROBATION
AS PERMITTED BY SECTION 18-1.3-202, THE COURT SHALL ORDER AS A
CONDITION OF PROBATION, IN ADDITION TO THE REQUIREMENTS OF SECTION
18-1.3-1007 (1)(a), THAT THE PERSON SERVE THREE HUNDRED SIXTY-FOUR
DAYS IMPRISONMENT IN THE COUNTY JAIL. DURING THE MANDATORY PERIOD
OF IMPRISONMENT, THE PERSON IS NOT ELIGIBLE FOR DEDUCTIONS OF THEIR
SENTENCE PURSUANT TO SECTION 17-26-109, INCLUDING FOR TRUSTY
PRISONER STATUS PURSUANT TO SECTION 17-26-109 (1)(b); EXCEPT THAT
THE PERSON RECEIVES CREDIT FOR THE TIME SERVED IN CUSTODY FOR THE
OFFENSE PRIOR TO THE CONVICTION. DURING THE MANDATORY PERIOD OF
IMPRISONMENT, THE COURT DOES NOT HAVE DISCRETION TO EMPLOY ANY
SENTENCING ALTERNATIVES DESCRIBED IN SECTION 18-1.3-106.
      SECTION 4. In Colorado Revised Statutes, amend 18-7-403 as
PAGE 3-SENATE BILL 26-015
follows:
       18-7-403. Pandering of a child.
       (1) Any A person who does any of the following for money or other
thing of value commits pandering of a child:
       (a) Inducing a child by menacing or criminal intimidation to commit
prostitution ENGAGE IN COMMERCIAL SEXUAL ACTIVITY; or
        (b) Knowingly arranging or offering to arrange a situation in which
a child may practice prostitution ENGAGE IN COMMERCIAL SEXUAL ACTIVITY.
     (2) (a) Pandering under paragraph (a) of subsection (1) OF A CHILD
PURSUANT TO SUBSECTION (1)(a) of this section is a class 2 felony. THE
COURT SHALL SENTENCE A PERSON CONVICTED OF PANDERING OF A CHILD AS
DESCRIBED IN SUBSECTION (1)(a) OF THIS SECTION 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.
     (b) Pandering under paragraph (b) of subsection (1) OF A CHILD
PURSUANT TO SUBSECTION (1)(b) of this section is a class 3 felony. THE
COURT SHALL SENTENCE A PERSON CONVICTED OF PANDERING OF A CHILD AS
DESCRIBED IN SUBSECTION (1)(b) OF THIS SECTION TO THE DEPARTMENT OF
CORRECTIONS FOR A TERM OF AT LEAST THE MINIMUM OF THE PRESUMPTIVE
RANGE FOR A CLASS 3 FELONY, AS SET FORTH IN SECTION 18-1.3-401.
      SECTION 5. In Colorado Revised Statutes, amend 18-7-403.5 as
follows:
       18-7-403.5. Procurement of a child.
       (1) Any A person who intentionally gives, transports, provides, or
makes available, or who offers to give, transport, provide, or make
available, to another person a child for the purpose of prostitution of the
child COMMERCIAL SEXUAL ACTIVITY commits procurement of a child.
which is a class 3 felony.
       (2) PROCUREMENT OF A CHILD IS A CLASS 3 FELONY. THE COURT
SHALL SENTENCE A PERSON CONVICTED OF PROCUREMENT OF A CHILD TO
PAGE 4-SENATE BILL 26-015
THE DEPARTMENT OF CORRECTIONS FOR A TERM OF AT LEAST THE MINIMUM
OF THE PRESUMPTIVE RANGE FOR A CLASS 3 FELONY, AS SET FORTH IN
SECTION 18-1.3-401.
      SECTION 6. In Colorado Revised Statutes, amend 18-7-404 as
follows:
       18-7-404. Keeping a place for commercial sexual activity with
a child.
       (1) Any A 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 COMMERCIAL SEXUAL
ACTIVITY WITH A CHILD commits keeping a place of child prostitution
COMMERCIAL SEXUAL ACTIVITY WITH A CHILD if he THE PERSON:
      (a) Knowingly grants or permits the use of such THE place for the
purpose of prostitution of a child or by a child COMMERCIAL SEXUAL
ACTIVITY WITH A CHILD; or
       (b) Permits the continued use of such THE place for the purpose of
prostitution of a child or by a child COMMERCIAL SEXUAL ACTIVITY WITH A
CHILD after becoming aware of facts or circumstances from which he THE
PERSON should reasonably know that the place is being used for purposes
of such prostitution COMMERCIAL SEXUAL ACTIVITY WITH A CHILD.
      (2) Keeping a place of child prostitution COMMERCIAL SEXUAL
ACTIVITY WITH A CHILD is a class 3 felony. THE COURT SHALL SENTENCE A
PERSON CONVICTED OF KEEPING A PLACE OF COMMERCIAL SEXUAL ACTIVITY
WITH A CHILD TO THE DEPARTMENT OF CORRECTIONS FOR A TERM OF AT
LEAST THE MINIMUM OF THE PRESUMPTIVE RANGE FOR A CLASS 3 FELONY, AS
SET FORTH IN SECTION 18-1.3-401.
      SECTION 7. In Colorado Revised Statutes, amend 18-7-405 as
follows:
       18-7-405. Pimping of a child.
      (1) Any A person who knowingly lives on or is supported or
maintained in whole or in part by money or other thing of value earned,
PAGE 5-SENATE BILL 26-015
received, procured, or realized by a child through prostitution COMMERCIAL
SEXUAL ACTIVITY commits pimping of a child. which is a class 3 felony.
         (2) PIMPING OF A CHILD IS A CLASS 3 FELONY. THE COURT SHALL
SENTENCE A PERSON CONVICTED OF PIMPING OF A CHILD TO THE
DEPARTMENT OF CORRECTIONS FOR A TERM OF AT LEAST THE MINIMUM OF
THE PRESUMPTIVE RANGE FOR A CLASS 3 FELONY, AS SET FORTH IN SECTION
18-1.3-401.
      SECTION 8. In Colorado Revised Statutes, amend 18-7-405.5 as
follows:
         18-7-405.5. Inducement of commercial sexual activity with a
child.
       (1) Any A person who by word or action, other than conduct
specified in section 18-7-403 (1)(a), induces a child to engage in an act
which is prostitution by a child, as defined in section 18-7-401 (6),
COMMERCIAL SEXUAL ACTIVITY commits inducement of child prostitution
COMMERCIAL SEXUAL ACTIVITY WITH A CHILD.
      (2) Inducement of child prostitution COMMERCIAL SEXUAL ACTIVITY
WITH A CHILD is a class 3 felony. THE COURT SHALL SENTENCE A PERSON
CONVICTED OF INDUCEMENT OF COMMERCIAL SEXUAL ACTIVITY WITH A
CHILD TO THE DEPARTMENT OF CORRECTIONS FOR A TERM OF AT LEAST THE
MINIMUM OF THE PRESUMPTIVE RANGE FOR A CLASS 3 FELONY, AS SET FORTH
IN SECTION 18-1.3-401.
      SECTION 9. In Colorado Revised Statutes, amend 18-7-406 as
follows:
         18-7-406. Engaging in commercial sexual activity with a child.
       (1) Any A person who performs any of the following with a child
not his spouse commits patronizing a prostituted child ENGAGING IN
COMMERCIAL SEXUAL ACTIVITY WITH A CHILD:
       (a) Engages in an act which is prostitution of a child or by a child,
as defined in section 18-7-401 (6) or (7) COMMERCIAL SEXUAL ACTIVITY
WITH A CHILD; or
PAGE 6-SENATE BILL 26-015
     (b) Enters or remains in a place of prostitution FOR COMMERCIAL
SEXUAL ACTIVITY WITH A CHILD with intent to engage in an act which is
prostitution of a child or by a child, as defined in section 18-7-401 (6) or (7)
COMMERCIAL SEXUAL ACTIVITY WITH A CHILD.
     (2) Patronizing a prostituted child ENGAGING IN COMMERCIAL
SEXUAL ACTIVITY WITH A CHILD is a class 3 felony. THE COURT SHALL
SENTENCE A PERSON CONVICTED OF ENGAGING IN COMMERCIAL SEXUAL
ACTIVITY WITH A CHILD TO THE DEPARTMENT OF CORRECTIONS FOR A TERM
OF AT LEAST THE MINIMUM OF THE PRESUMPTIVE RANGE FOR A CLASS 3
FELONY, AS SET FORTH IN SECTION 18-1.3-401.
        SECTION 10. In Colorado Revised Statutes, 18-3-306, amend (3)
as follows:
       18-3-306. Internet luring of a child.
       (3) Internet luring of a child is a class 5 felony; except that:
       (a) INTERNET luring of a child is a class 4 felony if committed with
the intent to meet for the purpose of engaging in sexual exploitation as
defined in section 18-6-403 or sexual contact as defined in section
18-3-401; AND
       (b) INTERNET LURING OF A CHILD IS A CLASS 3 FELONY IF COMMITTED
WITH THE INTENT TO MEET FOR THE PURPOSE OF ENGAGING IN COMMERCIAL
SEXUAL ACTIVITY WITH A CHILD AS DEFINED IN SECTION 18-3-502 (3). THE
COURT SHALL SENTENCE A PERSON CONVICTED OF INTERNET LURING OF A
CHILD AS DESCRIBED IN THIS SUBSECTION (3)(b) TO THE DEPARTMENT OF
CORRECTIONS FOR A TERM OF AT LEAST THE MINIMUM OF THE PRESUMPTIVE
RANGE FOR A CLASS 3 FELONY, AS SET FORTH IN SECTION 18-1.3-401.
        SECTION 11. In Colorado Revised Statutes, 18-1.3-202, amend
(1)(a); and add (1)(c) as follows:
       18-1.3-202. Probationary power of court.
        (1) (a) When it appears to the satisfaction of the court that the ends
of justice and the best interest of the public, as well as the defendant, will
be served thereby, the court may grant the defendant probation for such
PAGE 7-SENATE BILL 26-015
period and upon such terms and conditions as it deems best. The length of
probation shall be subject to the discretion of the court and may exceed the
maximum period of incarceration authorized for the classification of the
offense of which the defendant is convicted but shall not exceed five years
for any misdemeanor or petty offense. If the court chooses to grant the
defendant probation, the order placing the defendant on probation shall take
effect upon entry and, if any appeal is brought, shall remain in effect
pending review by an appellate court unless the court grants a stay of
probation pursuant to section 16-4-201. Unless an appeal is filed that raises
a claim that probation was granted contrary to the provisions of this title, the
trial court shall retain jurisdiction of the case for the purpose of adjudicating
complaints filed against the defendant that allege a violation of the terms
and conditions of probation. In addition to imposing other conditions, the
court has the power to commit the defendant to any jail operated by the
county or city and county in which the offense was committed during such
time or for such intervals within the period of probation as the court
determines. Except as described in subsection (1)(b) SUBSECTIONS (1)(b)
AND (1)(c) of this section, the aggregate length of any such commitment
whether continuous or at designated intervals may not exceed ninety days
for a felony, sixty days for a misdemeanor, or ten days for a petty offense
unless it is a part of a work release program pursuant to section 18-1.3-207.
That the defendant submit to commitment imposed under this section is
deemed a condition of probation.
       (c) FOR A DEFENDANT WHO IS CONVICTED OF AN OFFENSE DESCRIBED
IN SECTION 18-7-402, THE AGGREGATE LENGTH OF ANY COMMITMENT TO A
COUNTY JAIL IS DETERMINED AS PROVIDED IN SECTION 18-7-402 (2)(c).
       SECTION 12. In Colorado Revised Statutes, 14-10-129, amend
(3)(b) introductory portion, (3)(b)(XIV), (3)(b)(XVII), (3)(b)(XIX),
(3)(b)(XX), and (3)(c); and add (3)(b)(XXI), (3)(b)(XXII), (3)(b)(XXIII),
and (3)(b)(XXIV) as follows:
       14-10-129. Modification of parenting time.
       (3) (b) The provisions of paragraph (a) of this subsection (3) shall
apply SUBSECTION (3)(a) OF THIS SECTION APPLIES to the following crimes:
      (XIV) Soliciting for child prostitution, as defined in section
18-7-402, C.R.S. AS IT EXISTED PRIOR TO JULY 1, 2026;
PAGE 8-SENATE BILL 26-015
      (XVII) Keeping a place of child prostitution, as defined in section
18-7-404, C.R.S. AS IT EXISTED PRIOR TO JULY 1, 2026;
      (XIX) Inducement of child prostitution, as defined in section
18-7-405.5, C.R.S. AS IT EXISTED PRIOR TO JULY 1, 2026;
       (XX) Patronizing a prostituted child, as defined in section 18-7-406,
C.R.S. AS IT EXISTED PRIOR TO JULY 1, 2026;
       (XXI) SOLICITING FOR COMMERCIAL SEXUAL ACTIVITY WITH A
CHILD, AS DEFINED IN SECTION 18-7-402;
      (XXII) KEEPING A PLACE OF COMMERCIAL SEXUAL ACTIVITY WITH
A CHILD, AS DEFINED IN SECTION 18-7-404;
       (XXIII) INDUCEMENT OF COMMERCIAL SEXUAL ACTIVITY WITH A
CHILD, AS DEFINED IN SECTION 18-7-405.5;
      (XXIV) ENGAGING IN COMMERCIAL SEXUAL ACTIVITY WITH A CHILD,
AS DEFINED IN SECTION 18-7-406.
       (c) If the party was convicted in another state or jurisdiction of an
offense that, if committed in Colorado, would constitute an offense listed
in subparagraphs (III) to (XX) of paragraph (b) of this subsection (3)
SUBSECTIONS (3)(b)(III) TO (3)(b)(XXIV) OF THIS SECTION, the court shall
order that party to submit to a sex-offense-specific evaluation and a parental
risk assessment in Colorado, and the court shall consider the
recommendations of the evaluation and the assessment in any order the
court makes relating to parenting time or parental contact. The convicted
party shall pay for the costs of the evaluation and the assessment.
       SECTION 13. In Colorado Revised Statutes, 16-8-115, amend
(4)(g)(XIV), (4)(g)(XVII), (4)(g)(XIX), and (4)(g)(XX); and add
(4)(g)(XX.5) as follows:
      16-8-115. Release from commitment after verdict of not guilty
by reason of insanity or not guilty by reason of impaired mental
condition - definitions.
       (4) (g) As used in this subsection (4), "an offense involving
PAGE 9-SENATE BILL 26-015
unlawful sexual behavior" means any of the following offenses:
     (XIV) Soliciting for child prostitution SOLICITING FOR COMMERCIAL
SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-402; C.R.S.;
      (XVII) Keeping a place of child prostitution KEEPING A PLACE OF
COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section
18-7-404; C.R.S.;
       (XIX)    Inducement of child prostitution INDUCEMENT OF
COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section
18-7-405.5; C.R.S.;
     (XX) Patronizing a prostituted child ENGAGING IN COMMERCIAL
SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-406; C.R.S.;
or
      (XX.5) AS EACH OF THE FOLLOWING OFFENSES EXISTED PRIOR TO
JULY 1, 2026: SOLICITING FOR CHILD PROSTITUTION, IN VIOLATION OF
SECTION 18-7-402; KEEPING A PLACE OF CHILD PROSTITUTION, IN VIOLATION
OF SECTION 18-7-404; INDUCEMENT OF CHILD PROSTITUTION, IN VIOLATION
OF SECTION 18-7-405.5; OR PATRONIZING A PROSTITUTED CHILD, IN
VIOLATION OF SECTION 18-7-406; OR
        SECTION 14. In Colorado Revised Statutes, 16-11.7-102, amend
(3) introductory portion, (3)(n), (3)(q), (3)(s), (3)(t), and (3)(v); and add
(3)(t.5) as follows:
       16-11.7-102. Definitions.
       As used in this article 11.7, unless the context otherwise requires:
      (3) "Sex offense" means any OF THE FOLLOWING felony or
misdemeanor offense described in this subsection (3) as follows OFFENSES:
     (n) Soliciting for child prostitution SOLICITING FOR COMMERCIAL
SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-402; C.R.S.;
    (q) Keeping a place of child prostitution KEEPING A PLACE OF
COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section
PAGE 10-SENATE BILL 26-015
18-7-404; C.R.S.;
     (s) Inducement of child prostitution INDUCEMENT OF COMMERCIAL
SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-405.5; C.R.S.;
       (t)Patronizing a prostituted child ENGAGING IN COMMERCIAL
SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-406; C.R.S.;
       (t.5) AS EACH OF THE FOLLOWING OFFENSES EXISTED PRIOR TO JULY
1, 2026: SOLICITING FOR CHILD PROSTITUTION, IN VIOLATION OF SECTION
18-7-402; KEEPING A PLACE OF CHILD PROSTITUTION, IN VIOLATION OF
SECTION 18-7-404; INDUCEMENT OF CHILD PROSTITUTION, IN VIOLATION OF
SECTION 18-7-405.5; OR PATRONIZING A PROSTITUTED CHILD, IN VIOLATION
OF SECTION 18-7-406;
       (v) CLASS 3 AND class 4 felony internet luring of a child, in violation
of section 18-3-306 (3); C.R.S.;
       SECTION 15. In Colorado Revised Statutes, 16-13-303, amend (1)
introductory portion and (1)(g); and add (1)(g.1) as follows:
       16-13-303. Class 1 public nuisance.
       (1) Every building or part of a building, including the ground upon
which it is situate and all fixtures and contents thereof, every vehicle, and
any real property shall be IS deemed a class 1 public nuisance when:
       (g) Used for prostitution of a child, as defined in section 18-7-401,
C.R.S. AS IT EXISTED PRIOR TO JULY 1, 2026, or used as a place where the
commission of ANY OF THE FOLLOWING, AS THEY EXISTED PRIOR TO JULY 1,
2026, OCCURRED: Soliciting for child prostitution, as defined in section
18-7-402; C.R.S., pandering of a child, as defined in section 18-7-403,
C.R.S., keeping a place of child prostitution, as defined in section 18-7-404;
C.R.S., pimping of a child, as defined in section 18-7-405, C.R.S., or
inducement of child prostitution, as defined in section 18-7-405.5; C.R.S.,
occurs;
      (g.1) USED AS A PLACE WHERE THE COMMISSION OF ANY OF THE
FOLLOWING OCCURS: SOLICITING FOR COMMERCIAL SEXUAL ACTIVITY WITH
A CHILD, AS DEFINED IN SECTION 18-7-402; PANDERING OF A CHILD, AS
PAGE 11-SENATE BILL 26-015
DEFINED IN SECTION 18-7-403; KEEPING A PLACE OF COMMERCIAL SEXUAL
ACTIVITY WITH A CHILD, AS DEFINED IN SECTION 18-7-404; PIMPING OF A
CHILD, AS DEFINED IN SECTION 18-7-405; OR INDUCEMENT OF COMMERCIAL
SEXUAL ACTIVITY WITH A CHILD, AS DEFINED IN SECTION 18-7-405.5;
        SECTION 16. In Colorado Revised Statutes, 16-22-102, amend
(9)(n), (9)(q), (9)(s), (9)(t), and (9)(x); and add (9)(t.5) as follows:
       16-22-102. Definitions.
       As used in this article 22, unless the context otherwise requires:
       (9) "Unlawful sexual behavior" means any of the following offenses
or criminal attempt, conspiracy, or solicitation to commit any of the
following offenses:
     (n) Soliciting for child prostitution SOLICITING FOR COMMERCIAL
SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-402; C.R.S.;
    (q) Keeping a place of child prostitution KEEPING A PLACE OF
COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, in violation of section
18-7-404; C.R.S.;
     (s) Inducement of child prostitution INDUCEMENT OF COMMERCIAL
SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-405.5; C.R.S.;
     (t) Patronizing a prostituted child ENGAGING IN COMMERCIAL
SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-406; C.R.S.;
       (t.5) AS EACH OF THE FOLLOWING OFFENSES EXISTED PRIOR TO JULY
1, 2026: SOLICITING FOR CHILD PROSTITUTION, IN VIOLATION OF SECTION
18-7-402; KEEPING A PLACE OF CHILD PROSTITUTION, IN VIOLATION OF
SECTION 18-7-404; INDUCEMENT OF CHILD PROSTITUTION, IN VIOLATION OF
SECTION 18-7-405.5; OR PATRONIZING A PROSTITUTED CHILD, IN VIOLATION
OF SECTION 18-7-406;
       (x) CLASS 3 AND class 4 felony internet luring of a child, in violation
of section 18-3-306 (3); C.R.S.;
       SECTION 17. In Colorado Revised Statutes, 16-22-108, amend
PAGE 12-SENATE BILL 26-015
(2.5)(c) as follows:
      16-22-108. Registration - procedure - frequency - place - change
of address - fee.
       (2.5) (c) For purposes of this section, "child sex crime" means:
        (I) Sexual assault on a child, as described in section 18-3-405;
C.R.S.; sexual assault on a child by one in a position of trust, as described
in section 18-3-405.3; C.R.S.; unlawful sexual contact, as described in
section 18-3-404 (1.5); C.R.S.; enticement of a child, as described in section
18-3-305; C.R.S.; aggravated incest, as described in section 18-6-302
(1)(b); C.R.S.; human trafficking of a minor for sexual servitude, as
described in section 18-3-504 (2); C.R.S.; sexual exploitation of children,
as described in section 18-6-403; C.R.S.; procurement of a child for sexual
exploitation, as described in section 18-6-404; C.R.S.; soliciting for child
prostitution SOLICITING FOR COMMERCIAL SEXUAL ACTIVITY WITH A CHILD,
as described in section 18-7-402; C.R.S.; pandering of a child, as described
in section 18-7-403; C.R.S.; procurement of a child, as described in section
18-7-403.5; C.R.S.; keeping a place of child prostitution KEEPING A PLACE
OF COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, as described in section
18-7-404; C.R.S.; pimping of a child, as described in section 18-7-405;
C.R.S.; inducement of child prostitution INDUCEMENT OF COMMERCIAL
SEXUAL ACTIVITY WITH A CHILD, as described in section 18-7-405.5; C.R.S.;
patronizing a prostituted child ENGAGING IN COMMERCIAL SEXUAL ACTIVITY
WITH A CHILD, as described in section 18-7-406; C.R.S.; internet luring of
a child, as described in section 18-3-306; C.R.S.; internet sexual
exploitation of a child, as described in section 18-3-405.4; C.R.S.;
wholesale promotion of obscenity to a minor, as described in section
18-7-102 (1.5); C.R.S.; promotion of obscenity to a minor, as described in
section 18-7-102 (2.5); C.R.S.; sexual assault, as described in section
18-3-402 (1)(d) and (1)(e); C.R.S.; sexual assault in the second degree as
it existed prior to July 1, 2000, as described in section 18-3-403 (1)(e) and
(1)(e.5); C.R.S.;
      (II) EACH OF THE FOLLOWING OFFENSES, AS THEY EXISTED PRIOR TO
JULY 1, 2026: SOLICITING FOR CHILD PROSTITUTION, IN VIOLATION OF
SECTION 18-7-402; KEEPING A PLACE OF CHILD PROSTITUTION, IN VIOLATION
OF SECTION 18-7-404; INDUCEMENT OF CHILD PROSTITUTION, IN VIOLATION
OF SECTION 18-7-405.5; OR PATRONIZING A PROSTITUTED CHILD, IN
PAGE 13-SENATE BILL 26-015
VIOLATION OF SECTION 18-7-406; or
       (III) Criminal attempt, conspiracy, or solicitation to commit any of
the acts specified in this paragraph (c) SUBSECTION (2.5)(c).
        SECTION 18. In Colorado Revised Statutes, 18-1.3-101, amend
(7) introductory portion and (7)(i) as follows:
       18-1.3-101. Pretrial diversion - appropriation - repeal.
       (7) Notwithstanding any other provision of this section, an
individual accused of any of the following sexual offenses is not eligible for
participation in a diversion program established in a jurisdiction that
receives state moneys MONEY for the creation or operation of diversion
programs pursuant to this section:
       (i) Any child prostitution AN offense in part 4 of article 7 of this title
TITLE 18.
       SECTION 19. In Colorado Revised Statutes, 18-1.3-1003, amend
(5)(a)(X) and (5)(a)(XI) as follows:
       18-1.3-1003. Definitions.
       As used in this part 10, unless the context otherwise requires:
       (5) (a) "Sex offense" means any of the following offenses:
       (X) ENGAGING IN COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, AS
DESCRIBED IN SECTION 18-7-406; OR patronizing a prostituted child, as
described in section 18-7-406, AS IT EXISTED PRIOR TO JULY 1, 2026;
       (XI) CLASS 3 AND class 4 felony internet luring of a child, in
violation of section 18-3-306 (3);
       SECTION 20. In Colorado Revised Statutes, 18-3-407, amend (2)
introductory portion as follows:
      18-3-407. Victim's and witness's prior history - evidentiary
hearing - victim's identity - protective order.
PAGE 14-SENATE BILL 26-015
        (2) In any criminal prosecution for CLASS 3 OR class 4 felony
internet luring of a child, as described in section 18-3-306 (3) or under
PURSUANT TO sections 18-3-402 to 18-3-405.5, 18-3-504, 18-6-301,
18-6-302, 18-6-403, 18-6-404, and any offense described in part 4 of article
7 of this title 18, or for attempt or conspiracy to commit any of these crimes,
if evidence that is not excepted under PURSUANT TO subsection (1) of this
section of specific instances of the victim's or a witness's prior or
subsequent sexual conduct; opinion evidence of the victim's or a witness's
sexual conduct; reputation evidence of the victim's or a witness's sexual
conduct; or evidence that the victim or a witness has at least one incident of
false reporting of unlawful sexual behavior prior to or subsequent to the
alleged offense is to be offered at trial, the following procedure shall be
followed:
        SECTION 21. In Colorado Revised Statutes, 18-3-411, amend (1)
as follows:
    18-3-411. Sex offenses against children - limitation for
commencing proceedings - evidence - statutory privilege - definition.
       (1) As used in this section, "unlawful sexual offense" means:
        (a) Enticement of a child, as described in section 18-3-305; sexual
assault, as described in section 18-3-402, when the victim at the time of the
commission of the act is a child less than fifteen years of age; sexual assault
in the first degree, as described in section 18-3-402, as it existed prior to
July 1, 2000, when the victim at the time of the commission of the act is a
child less than fifteen years of age; sexual assault in the second degree, as
described in section 18-3-403 (1)(a), (1)(b), (1)(c), (1)(d), (1)(g), or (1)(h),
as it existed prior to July 1, 2000, when the victim at the time of the
commission of the act is a child less than fifteen years of age, or as
described in section 18-3-403 (1)(e), as it existed prior to July 1, 2000,
when the victim is less than fifteen years of age and the actor is at least four
years older than the victim; unlawful sexual contact, as described in section
18-3-404 (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), or (1)(g), when the victim at
the time of the commission of the act is a child less than fifteen years of
age; sexual assault in the third degree, as described in section 18-3-404
(1)(a), (1)(b), (1)(c), (1)(d), (1)(f), or (1)(g), as it existed prior to July 1,
2000, when the victim at the time of the commission of the act is a child
less than fifteen years of age; sexual assault on a child, as described in
PAGE 15-SENATE BILL 26-015
section 18-3-405; sexual assault on a child by one in a position of trust, as
described in section 18-3-405.3; aggravated incest, as described in section
18-6-302; human trafficking of a minor for sexual servitude, as described
in section 18-3-504 (2); sexual exploitation of a child, as described in
section 18-6-403; procurement of a child for sexual exploitation, as
described in section 18-6-404; indecent exposure, as described in section
18-7-302; soliciting for child prostitution SOLICITING FOR COMMERCIAL
SEXUAL ACTIVITY WITH A CHILD, as described in section 18-7-402;
pandering of a child, as described in section 18-7-403; procurement of a
child, as described in section 18-7-403.5; keeping a place of child
prostitution KEEPING A PLACE OF COMMERCIAL SEXUAL ACTIVITY WITH A
CHILD, as described in section 18-7-404; pimping of a child, as described in
section 18-7-405; inducement of child prostitution INDUCEMENT OF
COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, as described in section
18-7-405.5; patronizing a prostituted child ENGAGING IN COMMERCIAL
SEXUAL ACTIVITY WITH A CHILD, as described in section 18-7-406; CLASS 3
OR class 4 felony internet luring of a child, as described in section 18-3-306
(3); internet sexual exploitation of a child, as described in section
18-3-405.4; unlawful electronic sexual communication, as described in
section 18-3-418;
      (b) EACH OF THE FOLLOWING OFFENSES, AS THEY EXISTED PRIOR TO
JULY 1, 2026: SOLICITING FOR CHILD PROSTITUTION, IN VIOLATION OF
SECTION 18-7-402; KEEPING A PLACE OF CHILD PROSTITUTION, IN VIOLATION
OF SECTION 18-7-404; INDUCEMENT OF CHILD PROSTITUTION, IN VIOLATION
OF SECTION 18-7-405.5; OR PATRONIZING A PROSTITUTED CHILD, IN
VIOLATION OF SECTION 18-7-406; or
       (c) Criminal attempt, conspiracy, or solicitation to commit any of the
acts specified in this subsection (1).
        SECTION 22. In Colorado Revised Statutes, 18-3-412, amend (1)
as follows:
       18-3-412. Habitual sex offenders against children - indictment
or information - verdict of the jury.
       (1) For the purpose of this section, "unlawful sexual offense" means:
       (a) Sexual assault, as described in section 18-3-402, when the victim
PAGE 16-SENATE BILL 26-015
at the time of the commission of the act is a child less than fifteen years of
age, sexual assault in the first degree, as described in section 18-3-402, as
it existed prior to July 1, 2000, when the victim at the time of the
commission of the act is a child less than fifteen years of age; sexual assault
in the second degree, as described in section 18-3-403 (1)(a), (1)(b), (1)(c),
(1)(d), (1)(g), or (1)(h), as it existed prior to July 1, 2000, when the victim
at the time of the commission of the act is a child less than fifteen years of
age, or as described in section 18-3-403 (1)(e), as it existed prior to July 1,
2000, when the victim is less than fifteen years of age and the actor is at
least four years older than the victim; unlawful sexual contact, as described
in section 18-3-404 (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), or (1)(g), when the
victim at the time of the commission of the act is a child less than fifteen
years of age; sexual assault in the third degree, as described in section
18-3-404 (1)(a), (1)(b), (1)(c), (1)(d), (1)(f), or (1)(g), as it existed prior to
July 1, 2000, when the victim at the time of the commission of the act is a
child less than fifteen years of age; sexual assault on a child, as described
in section 18-3-405; sexual assault on a child by one in a position of trust,
as described in section 18-3-405.3; aggravated incest, as described in
section 18-6-302; human trafficking of a minor for sexual servitude, as
described in section 18-3-504 (2); sexual exploitation of a child, as
described in section 18-6-403; procurement of a child for sexual
exploitation, as described in section 18-6-404; soliciting for child
prostitution SOLICITING FOR COMMERCIAL SEXUAL ACTIVITY WITH A CHILD,
as described in section 18-7-402; pandering of a child, as described in
section 18-7-403; procurement of a child, as described in section
18-7-403.5; keeping a place of child prostitution KEEPING A PLACE OF
COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, as described in section
18-7-404; pimping of a child, as described in section 18-7-405; inducement
of child prostitution INDUCEMENT OF COMMERCIAL SEXUAL ACTIVITY WITH
A CHILD, as described in section 18-7-405.5; patronizing a prostituted child
ENGAGING IN COMMERCIAL SEXUAL ACTIVITY WITH A CHILD, as described in
section 18-7-406;
      (b) EACH OF THE FOLLOWING OFFENSES, AS THEY EXISTED PRIOR TO
JULY 1, 2026: SOLICITING FOR CHILD PROSTITUTION, IN VIOLATION OF
SECTION 18-7-402; KEEPING A PLACE OF CHILD PROSTITUTION, IN VIOLATION
OF SECTION 18-7-404; INDUCEMENT OF CHILD PROSTITUTION, IN VIOLATION
OF SECTION 18-7-405.5; OR PATRONIZING A PROSTITUTED CHILD, IN
VIOLATION OF SECTION 18-7-406; or
PAGE 17-SENATE BILL 26-015
       (c) Criminal attempt, conspiracy, or solicitation to commit any of the
acts specified in this subsection (1).
       SECTION 23. In Colorado Revised Statutes, 18-12-108, amend
(7)(u) as follows:
       18-12-108. Possession of weapons by previous offenders.
        (7) In addition to a conviction for felony crime as defined in section
24-4.1-302 (1), a felony conviction or adjudication for one of the following
felonies prohibits a person from possessing, using, or carrying upon the
person a firearm as defined in section 18-1-901 (3)(h) or any other weapon
that is subject to this article 12 pursuant to subsection (1) or (3) of this
section:
       (u) KEEPING A PLACE OF COMMERCIAL SEXUAL ACTIVITY WITH A
CHILD, IN VIOLATION OF SECTION 18-7-404, AND keeping a place of child
prostitution in violation of section 18-7-404, AS IT EXISTED PRIOR TO JULY
1, 2026;
        SECTION 24. In Colorado Revised Statutes, 18-17-103, amend
(5)(b) introductory portion and (5)(b)(VI) as follows:
       18-17-103. Definitions.
       As used in this article 17, unless the context otherwise requires:
       (5) "Racketeering activity" means to commit, to attempt to commit,
to conspire to commit, or to solicit, coerce, or intimidate another person to
commit:
        (b) Any violation of the following provisions of the Colorado
statutes or any criminal act committed in any jurisdiction of the United
States that, if committed in this state, would be a crime under the following
provisions of the Colorado statutes:
      (VI) Offenses relating to morals, as defined in sections 18-7-102
(wholesale promotion of obscenity or promotion of obscenity), 18-7-203
(pandering), 18-7-206 (pimping), 18-7-402 (soliciting for child prostitution
COMMERCIAL SEXUAL ACTIVITY WITH A CHILD), 18-7-403 (pandering of a
PAGE 18-SENATE BILL 26-015
child), 18-7-404 (keeping a place of child prostitution COMMERCIAL SEXUAL
ACTIVITY WITH A CHILD), and 18-7-405 (pimping of a child), AND THE
OFFENSES IN SECTIONS 18-7-402, 18-7-404, AND 18-7-405, AS THOSE
SECTIONS EXISTED BEFORE JULY 1, 2026;
        SECTION 25. In Colorado Revised Statutes, 24-4.1-302, amend
(1)(ll) as follows:
       24-4.1-302. Definitions.
      As used in this part 3, and for no other purpose, including the
expansion of the rights of any defendant:
       (1) "Crime" means any of the following offenses, acts, and
violations as defined by the statutes of the state of Colorado, whether
committed by an adult or a juvenile:
        (ll) Child prostitution, in violation of section 18-7-401, C.R.S.;
soliciting for child prostitution SOLICITING FOR COMMERCIAL SEXUAL
ACTIVITY WITH A CHILD, in violation of section 18-7-402; C.R.S.;
procurement of a child for sexual exploitation, in violation of section
18-6-404; C.R.S.; pimping of a child, in violation of section 18-7-405;
C.R.S.; inducement of child prostitution INDUCEMENT OF COMMERCIAL
SEXUAL ACTIVITY WITH A CHILD, in violation of section 18-7-405.5; C.R.S.;
or patronizing a prostituted child ENGAGING IN COMMERCIAL SEXUAL
ACTIVITY WITH A CHILD, in violation of section 18-7-406; C.R.S.;
SOLICITING FOR CHILD PROSTITUTION, IN VIOLATION OF SECTION 18-7-402,
AS IT EXISTED PRIOR TO JULY 1, 2026; INDUCEMENT OF CHILD PROSTITUTION,
IN VIOLATION OF SECTION 18-7-405.5, AS IT EXISTED PRIOR TO JULY 1, 2026;
OR PATRONIZING A PROSTITUTED CHILD, IN VIOLATION OF SECTION 18-7-406,
AS IT EXISTED PRIOR TO JULY 1, 2026;
        SECTION 26. Effective date - applicability. This act takes effect
July 1, 2026, and sections 2 to 10 of this act apply to offenses committed on
or after said date.
       SECTION 27. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 19-SENATE BILL 26-015
the support and maintenance of the departments of the state and state
institutions.
____________________________        ____________________________
James Rashad Coleman, Sr.  Julie McCluskie
PRESIDENT OF  SPEAKER OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
____________________________        ____________________________
Esther van Mourik  Vanessa Reilly
SECRETARY OF  CHIEF CLERK OF THE HOUSE
THE SENATE  OF REPRESENTATIVES
       APPROVED________________________________________
                          (Date and Time)
                 _________________________________________
                Jared S. Polis
                GOVERNOR OF THE STATE OF COLORADO
PAGE 20-SENATE BILL 26-015