In Colorado, it is still a crime for a person to furnish a facility to a couple for the purposes of fornication when they are not married. Promoting Sexual Immorality, C.R.S. § 18-7-208, is a class 2 misdemeanor sex offense. In general, the law has been construed to mean renting a room to a couple committing adultery. It raises questions of whether the government should be involved in making consensual sex offenses laws.
This law states that any person who, for pecuniary gain, furnishes or makes available to another person any facility, knowing that the same is to be used for or in aid of sexual intercourse between persons who are not husband and wife, or for or in aid of deviate sexual intercourse, or who advertises in any manner that he furnishes or is willing to furnish or make available any such facility for such purposes, commits promoting sexual immorality. C.R.S. § 18-7-208(1).
Recently, this old law has come under fire as the legislature passed House Bill 1166 by an 8-3 margin on February 21, 2013. In an attempt to repeal the law, Rep. Daniel Kagan of Cherry Hills Village, rightfully pointed out that “adultery is a matter between a person and their spouse and their conscience and their minister, but not between a person and the full enforcement authority of the state of Colorado.” Aside for attempting to outlaw conduct on the basis of sex offenses morality, the real problem with the law is that it doesn’t prosecute the adulterers, but is instead innkeepers who allow people to commit adultery on their premises.
According to the Denver Post, between 2007 and 2012, there were 10 people charged with promoting sexual immorality. In that same time period, there have been two convictions. The question arises whether government should be making and enforcing laws in promotion of a particular moral value. Yet isn’t this what is happening with other laws like theft, homicide and drug laws? Morality is at the root of all laws governing our conduct. Perhaps the issue is more narrowly one whether government should interfere with anything two consenting adults chose to do. Does this ignore societal harm caused to others by this consensual conduct?
If you or a loved one has been charged with Promoting Sexual Immorality or any crime where the government is prosecuting you for your private life (drug use, prostitution and drunkenness), you need someone on your side. The Attorneys at the O’Malley Law Office fight daily against the Arapahoe, Douglas, and Denver District Attorneys. So, if you or a loved one have been charged with a crime, be smart, exercise your right to remain silent, and call the lawyers at the O’Malley Law Office at 303-731-0719. Together, we can protect your future.