SB 26-75

Senate Bill 26-75 in Colorado changes how courts sentence people convicted of human trafficking and related crimes. Instead of automatically giving harsher sentences for using weapons or causing serious harm, the bill requires judges to give a minimum sentence that is at least halfway through the standard range but not more than double the maximum. It also adds stricter penalties if the victim is considered "at-risk," such as in pimping cases involving vulnerable individuals. Additionally, the bill updates terminology related to child prostitution and commercial sexual activity, making it clearer what actions are illegal when dealing with children. Since this bill has been signed into law, these changes will now be implemented in Colorado's legal system.

Official Summary

The bill removes human trafficking for involuntary servitude and human trafficking for sexual servitude (human trafficking offenses) from the list of crimes of violence that are subject to enhanced sentencing if they involve the use, or possession and threatened use of, a deadly weapon or the infliction of serious bodily injury or death. Instead, the bill requires a court to sentence a person convicted of a human trafficking offense or a related attempt or conspiracy to the department of corrections for a term of at least the midpoint, but not more than twice the maximum, of the presumptive range authorized for the applicable offense. It clarifies that a class 3 felony human trafficking offense is also subject to sentencing modifications that are permitted under current law for crimes that present an extraordinary risk of harm to society.The bill subjects a person convicted of the following to enhanced sentencing:Pimping, if the victim is an at-risk person; andHuman trafficking for involuntary servitude, or human trafficking for sexual servitude, if the victim is an at-risk adult.The bill adds the source of money posted to satisfy a monetary condition of release, including the likelihood that the money is derived from criminal activity, to the list of criteria a court may consider in making a determination of the type of bond and conditions of release.The bill changes terminology related to child prostitution to commercial sexual activity in the crimes of soliciting for child prostitution, pandering of a child, keeping a place of child prostitution, pimping a child, inducement of child prostitution, and patronizing a prostituted child, including changing the name of the offenses for soliciting for child prostitution, keeping a place of child prostitution, inducement of child prostitution, and patronizing a prostituted child.In the crime of soliciting for commercial sexual activity with a child, the bill adds soliciting a child for commercial sexual activity as a means of committing the offense and requires that when arranging or offering to arrange a meeting, the offender must know that the meeting will facilitate commercial sexual activity with a child.(Note: This summary applies to this bill as introduced.)

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