Concerning the offense of human trafficking of a minor for sexual servitude, and, in connection therewith, changing the penalty for human trafficking of a minor for sexual servitude from a class 2 felony to a class 1 felony.
Summary
HB26-1082, titled the "Children Are Not for Sale Act," would expand Colorado’s human trafficking statute covering minors for sexual servitude. It adds a new form of the offense for a person who trades anything of monetary value to buy or sell sexual activity with a minor whom the person knows is being trafficked for sexual servitude. The bill also states that, in a prosecution under this new provision, lack of knowledge of the minor’s age or a belief that the minor was 18 or older is not a defense.
The bill significantly increases the criminal penalty for human trafficking of a minor for sexual servitude. Under current law, the offense is a class 2 felony; the bill reclassifies it as a class 1 felony and requires a sentence of life imprisonment without the possibility of parole. It also preserves the governor’s authority to grant clemency, pardon, or commute a sentence. The bill would take effect after the standard post-session period unless referred to voters through the referendum process.
Impact
If enacted, the bill would amend Colorado Revised Statutes section 18-3-504 to broaden the conduct covered by the offense of human trafficking of a minor for sexual servitude and impose the state’s most severe felony classification and mandatory life-without-parole sentencing for convictions under that section. It would affect prosecutors, courts, defendants, and victims in trafficking cases involving minors, and it would override the current class 2 felony sentencing framework for this offense while leaving executive clemency powers intact.
Sentiment
The bill’s stated purpose and legislative declaration reflect a strongly punitive and protective stance toward child trafficking, emphasizing that children are not for sale and that existing penalties have not adequately deterred the conduct. However, the available legislative history shows the bill was postponed indefinitely in the House Judiciary Committee, indicating that it did not advance and may have faced resistance or lack of support at the committee stage. No recorded votes or committee testimony were provided to show broader support or opposition.
Contention
The main policy contention appears to be the severity of the punishment. Supporters frame the bill as a necessary response to an alarming rise in human trafficking and argue that current penalties are too lenient to deter exploitation of minors. Potential concerns for opponents or skeptics would likely center on mandatory life imprisonment without parole, proportionality of punishment, and whether the existing trafficking statute already covers the conduct being added. The bill’s committee disposition suggests unresolved disagreement or insufficient support on those issues.