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Colorado lawmakers are once again stepping into one of the most complicated policy debates out there — how the law should treat sex work. This time, a group of Democratic legislators has introduced a bill that could decriminalize “commercial consensual sex among consenting adults,” a move that’s already stirring strong reactions on both sides of the aisle.
State Sens. Nick Hinrichsen of Pueblo County and Lisa Cutter of Jefferson County joined House Reps. Lorena Garcia and Rebekah Stewart in sponsoring SB26-097. The measure aims to decriminalize “commercial consensual sex among consenting adults,” a phrase that sounds clinical but carries decades of debate, stigma, and lived reality behind it.
If passed, the bill would repeal several existing criminal offenses, including prostitution, soliciting for prostitution, keeping a place of prostitution, patronizing a prostitute, and “a prostitute making a display.” It would also eliminate charges tied to pandering when the act involves knowingly arranging or offering to arrange circumstances that allow someone to engage in prostitution.
That doesn’t mean everything disappears from the criminal code. The legislation makes clear that penalties for pandering involving menacing or intimidation would remain, with fines ranging from $5,000 to $10,000 in addition to other court-imposed penalties. Pimping — defined as living off another person’s earnings from commercial sexual activity — would continue to be classified as a class three felony.
Protections for minors are also spelled out. Young people who are victims of human trafficking would retain immunity from criminal liability or juvenile delinquency proceedings. Law enforcement officers who suspect trafficking involving a minor would still be required to report it immediately, and trafficking victims seeking help through emergency services or medical providers would remain shielded from prosecution for prostitution.
Licensing, however, introduces another layer of scrutiny. Criminal history would play a significant role in determining whether someone qualifies for a license, with the bill stating, “For purposes of determining good moral character, the local licensing authority may consider the criminal record of all applicants, including, but not limited to, any conviction or guilty plea to a charge based on acts of dishonesty, fraud, deceit, OR sexual misconduct of any kind, whether or not the acts were committed in this state.”
The proposal also envisions formal contracts for commercial sex transactions. Under the bill, anyone purchasing services would be required to sign a written agreement outlining the names and addresses of both parties, the type of services, duration, payment amount, and any special conditions. Escort bureaus would keep copies of these contracts, submit them to local licensing authorities, and treat them as open public records — a detail that feels likely to spark its own set of privacy debates.
Local governments would have the option to adopt resolutions authorizing the licensure of massage facilities, though applicants with convictions related to human trafficking or money laundering would be denied licenses outright.
Supporters of decriminalization often point to research suggesting improved health and safety outcomes for sex workers when criminal penalties are lifted. Reviews of studies across high-income countries indicate that decriminalized environments are linked to better access to health resources and safer practices, while criminalized settings have shown higher rates of drug use and lower condom utilization.
Opposition has been swift and vocal. Colorado Republicans criticized the measure as “a green light for exploitation, commodifying bodies, and fueling human trafficking in a state already ranking high for it.” The argument taps into longstanding fears about whether legalization protects workers or inadvertently expands underground activity.
Some critics also pushed back against what they see as a statewide mandate overriding local autonomy. Concerns were raised that municipalities would lose the ability to enforce their own restrictions or opt out of the framework entirely.
Pitkin County Republicans questioned the timing and priorities behind the bill, suggesting it was an unusual approach to addressing fiscal challenges. In a Facebook post, the group asked, “Is this what they should be focused on? Do they think that the taxes from legal prostitution will be the answer to our $850 million budget deficit? Do we want our state to be funded by drugs and sex? If passed, we will join Nevada and be one of the only two states that have legalized prostitution. And by the way, the bill as written does not allow cities or counties to have their own criminal bans on such activity.”
Weld County Commissioner Scott James echoed concerns about local authority, accusing lawmakers of a “power grab” and warning that local governments would ultimately be left to manage the fallout.
Right now, Nevada remains the only state where prostitution is fully legalized, though even there it’s confined to certain counties and tightly regulated through licensed brothels. Maine took a partial step in 2023 by decriminalizing aspects of sex work, hinting at a gradual shift rather than a sweeping national change.
Data from the National Human Trafficking Hotline adds another layer to the conversation. In 2024, the highest numbers of identified cases were reported in California, Texas, Florida, New York, and Illinois, with Colorado ranking 20th nationwide — a statistic that both supporters and opponents interpret through very different lenses.
If SB26-097 clears the legislative process, it would take effect on July 1, 2026. And like most laws that touch on morality, economics, and personal autonomy all at once, its impact would likely ripple far beyond the text itself. Sometimes legislation isn’t just about rules — it’s about which stories a society chooses to believe, and which ones it’s finally ready to reconsider.
