Colorado Democrats propose making the state the first in America to fully decriminalize prostitution, stripping away all penalties for consenting adults and igniting fierce debate over safety, morality, and hidden societal costs.
Story Snapshot
- Senate Bill 097 (SB26-097) introduced February 11, 2026, by Democratic leaders to repeal prostitution offenses.
- Targets July 2026 implementation, preempting local bans and distinguishing from Nevada’s regulated brothels.
- Sponsors claim public health benefits; critics warn of trafficking risks and exploitation.
- Currently awaits Senate Judiciary Committee hearing amid gubernatorial silence.
- Maintains felonies for pimping while protecting trafficking victims from charges.
Bill Introduction and Sponsors
Senators Nick Hinrichsen (D-Pueblo) and Lisa Cutter (D-Jefferson County) introduced SB26-097 on February 11, 2026. Co-sponsors include Representatives Lorena Garcia (D-Adams County) and Rebekah Stewart (D-Lakewood). The ACLU of Colorado backs the measure. Hinrichsen shifted views after talks with a sex worker constituent, framing it as harm reduction. The 16-page bill assigns to the Democratic-majority Senate Judiciary Committee, with no hearing set as of mid-February.
Core Provisions of Decriminalization
SB26-097 repeals state offenses for prostitution, solicitation, patronization, keeping places of prostitution, and prostitute display. It replaces “prostitution” with “commercial sexual activity” in law. Local governments cannot ban it via home rule and must lightly regulate escort bureaus and massage parlors. Client contracts become public records. Offenses stay illegal for those under 18. Pimping remains a Class 3 felony; menacing pandering a Class 5 felony.
Trafficking victims gain immunity from charges. Pre-2026 convictions qualify for record sealing. Current law treats prostitution as a petty offense with fines or up to 10 days jail for workers and clients. Convictions bar massage therapist licenses. Sponsors argue penalties deter crime reporting and medical care.
Sponsor Rationale Versus Critic Concerns
Senator Cutter asserts two consenting adults face no legal fear, enabling medical access and abuse reporting. Hinrichsen distinguishes this from Nevada’s legalization, which he says fosters two-tiered systems and underground trafficking. Proponents claim criminalization inflicts violence on workers. The ACLU aligns with autonomy and reduced penalties. Common sense questions if removing all deterrents truly enhances safety without exploiting vulnerabilities.
Critics highlight research showing sex workers suffer worse physical and psychological outcomes. Statistics link trafficking to prostitution, with victims averaging entry at age 13. Local opposition from Fountain, Woodland Park, and Monument cities cites enforcement challenges. Facts align with conservative values prioritizing protection of women and children over unproven harm-reduction theories.
Potential Short-Term and Long-Term Impacts
July 2026 enactment shifts law enforcement from prostitution arrests. Sex workers and clients avoid penalties, easing service access. Municipalities revise ordinances under state preemption. Governor Polis and Attorney General Weiser remain silent, signaling uncertainty. Democratic committee control favors passage, but local pushback looms.
Colorado sets national precedent as first fully decriminalized state. Proponents predict better worker metrics; critics foresee trafficking spikes and exploitation. Escort and massage industries adapt to light rules. Broader effects ripple to other states, challenging traditional morals amid claims of progress. Facts suggest caution: Nevada’s model persists for reasons unaddressed here.
Sources:
Colorado Democrats seek to legalize prostitution by July
Colorado could legalize prostitution, sex work: new bill
Colorado bill legalizing prostitution
Colorado lawmakers look to decriminalize sex work
Colorado Democrats seek to legalize prostitution by July
