Concerning decriminalizing commercial sexual activity among consenting adults.
SB 26-097 would decriminalize consensual commercial sexual activity between adults in Colorado and declare that regulation of that activity is a matter of statewide concern. The bill repeals the state offenses of prostitution, soliciting for prostitution, keeping a place of prostitution, patronizing a prostitute, and prostitute making display, while also repealing the prostitution-related portion of pandering. It keeps criminal liability for pandering involving menacing or criminal intimidation and for pimping, but replaces the term “prostitution” with “commercial sexual activity” in those provisions.
The bill also makes broad conforming changes across the criminal code and related regulatory statutes. It updates human trafficking, immunity, sealing, nuisance, law-enforcement certification, escort bureau, massage business, and licensing provisions so they continue to address trafficking and other coercive conduct while removing references to the repealed prostitution offenses. It expressly preempts local ordinances, resolutions, regulations, and codes that criminalize consensual adult commercial sexual activity, and it eliminates a court program tied to certain prostitution-related charges. The bill is set to take effect July 1, 2026, and apply prospectively to conduct occurring on or after that date.
If enacted, the bill would substantially change Colorado criminal law by removing state-level criminal penalties for consensual adult sex work and preventing local governments from re-criminalizing that conduct through ordinances or codes. It would also revise numerous statutes that currently rely on prostitution-related offenses, shifting them toward the new term “commercial sexual activity” and preserving enforcement tools focused on human trafficking, coercion, and exploitation. Affected parties would include adults engaged in sex work, law enforcement, prosecutors, local governments, licensing authorities, escort bureaus, massage businesses, and people seeking record sealing or immunity related to trafficking victimization.
The bill’s stated purpose is framed as a public-safety and harm-reduction measure, emphasizing adult consent, worker safety, and a sharper focus on human trafficking. However, the available voting history shows the Senate Judiciary Committee postponed the bill indefinitely, indicating that the proposal did not advance out of committee and likely faced significant opposition or insufficient support. No committee transcript is available here, so the record reflects the formal action more than detailed debate.
The main point of contention is the bill’s core policy choice to decriminalize consensual adult commercial sex, which supporters present as a way to reduce violence, improve reporting, and concentrate enforcement on trafficking and coercion. Opponents are not identified in the provided materials, but the committee’s postponement indefinitely suggests concern about the broader legal and social implications of removing prostitution-related offenses, including local control, public nuisance enforcement, and licensing consequences. Another likely area of dispute is the bill’s preemption of local regulation, which would limit city and county authority over the subject.