DENVER — Advocates of a new piece of Colorado legislation believe harsher penalties are needed for people found guilty of crimes related to child sex trafficking, and claim it is time to implement mandatory prison sentences for those convictions.
Senate Bill 26-015 is a bipartisan bill that would require courts to impose a mandatory minimum prison sentence of four years for offenses that involve commercial sexual activity with a child, including solicitation for child prostitution and pimping of a child, which are Class 3 felonies.
The legislation also adds a stipulation that a person can be found guilty of soliciting commercial sex from a child if they "knowingly" arrange a meeting with that intention.
In addition, if an offender uses the internet with the intent to meet a child and engage in commercial sexual activity, the offense will become a Class 3 felony and is subject to a mandatory minimum sentence.
Finally, SB26-015 would strike the phrase "child prostitution" from Colorado statute, replacing it with "commercial sexual activity." Supporters claim the current terminology is outdated and implies a minor can choose to engage in such acts.
"We know that human trafficking, particularly trafficking involving children, is a major problem in our state, and that's what we're seeking to change," said State Sen. Dylan Roberts, D-District 8. "It's making sure that if you get convicted — not just even charged with, but convicted of one of these charges involving trafficking children, sexual exploitation of children, really terrible things — that you're going to serve at least some period of time in prison. Right now, unfortunately, these are probation eligible offenses, which means people can get convicted of these crimes by either a jury or pleading guilty, and then only get probation, so they never spend any time in jail."
Roberts is running the bill alongside State Sen. Byron Pelton, R-District 1. The two argue the proposal will put teeth in Colorado law when it comes to trafficking.
"This is not a partisan issue. This is about Colorado actually holding people accountable for purchasing children for sex, and making sure that the crime fits the punishment," Pelton said. "A lot of us are looking at this as we need to do something to stop the solicitation of children and to protect our youth."
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Mandatory minimum sentences are not usually popular inside of the Colorado State Capitol.
"I imagine we'll get some tough questions about, is prison the right way to prevent this type of crime? Do people who commit these types of crimes care about what the potential prison sentence is?" Roberts said ahead of the first committee hearing for SB26-015.
The Senate Judiciary Committee certainly had questions about the legislation for the sponsors, and for the dozens of individuals who showed up to testify on both sides of the debate.
Brian Mason, the District Attorney for the 17th Judicial District, spoke in support of the bill, telling lawmakers "we cannot stop the abuse without also stopping the abusers, and that's what this bill aims to do."
Meanwhile, a representative for the American Civil Liberties Union (ACLU) asserted that the legislation would perpetuate mass incarceration, while allowing prosecutors to use the threat of a mandatory minimum sentence to impact the outcome of plea negotiations.
A prevailing concern throughout the committee hearing was voiced by a trafficking survivor who spoke in opposition to the bill, saying victims could be charged for the acts they were coerced into doing. In addition, she added that increased penalties do not deter offenders.
Another survivor of trafficking spoke in support of the proposal, telling legislators that the crime is allowed to continue because there are "virtually no consequences" for the individuals purchasing sex.
Jenelle Goodrich, the founder and executive director of the non-governmental organization From Silenced to Saved (FSTS), is behind the push for increased penalties. She works with survivors of human trafficking on a daily basis.
"It's not going after the traffickers. It's going after the demand, which is what drives the crime of human trafficking, because they're the ones that demand the supply of it," Goodrich said. "The reason that this legislation has been coming forward and getting a push for the past couple years is because the survivors are tired of the people who are purchasing them not being held accountable."
Goodrich acknowledged that the concept of mandatory minimums normally causes a stir inside the Capitol.
"I don't believe that mandatory minimums is appropriate for every offender. But when an offender takes the extra step to seek out and solicit a child for sex and then pay for it, I do believe that those offenders deserve it," Goodrich said. "The punishment needs to semi reflect the harm."
Amendments are coming for the legislation, and Goodrich hopes the changes address the concerns from those against the measure.
"We're also going to put in protections for anyone who may be charged with this crime that was also a victim. And so, we will have an affirmative defense for them, and that was something that the opposition wanted to see, and we're not against that either. Because if you are really being forced to do these things under the duress of your trafficker, then you should have a second chance. And we believe that as well," Goodrich said. "With that said, the majority of the people that are getting charged with the commercial sexual exploitation of children are middle-aged Caucasian men with influential means, and that's what we're seeing."
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Understanding human trafficking and its prevalence in Colorado
According to the fiscal note for SB26-015, 86 people in Colorado were convicted and sentenced on the existing offense of soliciting for commercial sexual activity with a child between FY 2022-23 and FY 2024-25. The majority of the offenders were white males. Out of those cases, 20 of the defendants were sentenced to prison.
For that same time period, 107 people in Colorado were convicted and sentenced on the existing offense of internet luring of a child. Out of the individuals convicted, 93 were white males.
Based on the data gathered by nonpartisan staff who work on the fiscal notes, an average of 25 individuals a year would be newly sentenced to prison if this bill became law in Colorado.
In addition to the statistics, the fiscal note for SB26-015 outlines what is arguably the largest obstacle for the legislation: The price tag.
According to fiscal note, the bill would increase prison operating costs for the Colorado Department of Corrections (CDOC) by $17 million over the course of five years, beginning in FY 2026-27. The cost is quite the concern during a legislative session where lawmakers must balance a budget deficit of roughly $850 million.
"We're under pressure here to balance our state budget, which we have to do. And so, any proposal that increases financial obligations for the state is going to get really tough scrutiny, not even really on the policy, but just on the dollars and cents of things," Roberts said. "We know we'll have to make some changes to the bill. We'll work through some amendments to try to lower the cost."
Fiscal notes are only an estimation, Roberts said, adding that there will likely be some back-and-forth between lawmakers and CDOC to try and lower the cost of the legislation.
Pelton told Denver7 he is "of course" concerned about the cost of the bill.
"But the thing about it is, we need to set priorities," Pelton continued. "So, is selling children for sex a priority, to stop this crime? Or is it not? That's where we need to really look when we're looking at fiscal notes."
The Senate Judiciary Committee decided to postpone the vote on SB26-015, in order to provide the time needed to workshop some amendments being made to the legislation. The bill could be brought back before the committee as soon as Wednesday for a vote.
If you or someone you know needs help, you are not alone. You can call Colorado’s Human Trafficking Hotline at 866-455-5075 or text 720-999-9724.
