Soliciting for Prostitution, C.R.S. 18-7-202, is a class 3 misdemeanor in Douglas and Jefferson County and everywhere in Colorado. Prostitution is defined as when any person performs or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse, with any person not his spouse in exchange for money or other thing of value. Read more on the difference between solicitation, Prostitution and pimping.
Recently, we have been handling a large number of calls from people charged with Prostitution. Most of them are calling from Aurora and Denver with a summons to appear in court. The first question the caller wants to know is if the sting operation in which they were caught could be considered Entrapment. The second question is usually how they can get their impounded car back. I will deal with the car issue in a later blog.
What is Entrapment Related to Soliciting for Prostitution in Denver and Aurora?
Entrapment, 18-1-709, is considered an affirmative defense in Colorado. That means after the defense is raised, the prosecutor must prove beyond a reasonable doubt that entrapment was not used. The downside to using the entrapment defense is that the defendant must admit they did the act, but they only did it because they were enticed to do so. The distinguishing factor between a legal undercover sting operation and the illegal use of Entrapment is if the crime would not have been committed if the suspect were not induced to do so. If the definition stopped at that point most people would agree that most sting operations are not legal. However, the Entrapment statute also says it is not Entrapment if the officer was merely affording a person the opportunity to commit an offense. So, Colorado lawmakers want courts and jurors to determine if whether a person committed an illegal act because the opportunity was presented to him, or because he was induced to do so. If that sounds a little like splitting hairs to you, we are in agreement.
I personally believe most prostitution sting operations in Douglas and Adams County can be considered illegal entrapment. When a man is driving down a road and is confronted by an attractive woman waving at him from the side of a road, it is more than conceivable that he would not have committed the crime of Soliciting for Prostitution if he were not enticed to do so.
Does Mental State Come into Play with Prostitution and Solicitation in Aurora and Arapahoe County?
In the recent Arapahoe County, James Holmes Aurora Theater shooting case, the public has witnessed how the mental state of a defendant can literally make the difference between life and death. The problem with considering the mental state in Soliciting for Prostitution cases is the common way people (okay, mostly men) react when they are visually sexually stimulated by an apparently willing partner. Even if the suspect is not willing to pay for sexual services, he may ask how much he would have to pay so that he can make a good excuse to decline services. But once the issue of money is raised, it is too late and an arrest will be made.
If you are charged with Soliciting for Prostitution in Denver or Aurora, you should know that there are ways to fight back. At the O’Malley Law Office, P.C. we will listen to your side of the story and are ready to help. We strongly urge you to remain silent and quickly call us at 303-731-0719. Together we can protect your future.