The War on Porn Regular Updates about the Assault on The Adult Industry
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LOS ANGELES — In two very different corners of the country, the same question is starting to echo through courtrooms and statehouses: what should the law actually do about consensual sex work?
Right now, that conversation is unfolding in Alaska and Colorado.
The Alaska state courts are considering whether the state’s prostitution laws conflict with the constitution’s protections around privacy — specifically the right to make private decisions about consensual sexual relationships, even when money or some other form of compensation is involved. At the same time, lawmakers in Colorado have introduced legislation aimed at decriminalizing sex work and escorting.
The organization Community United for Safety and Protection (CUSP) has filed a complaint in Alaska Superior Court seeking to end the criminalization of sex work performed for a fee. The group argues that existing prostitution statutes unfairly target both sex workers and survivors of trafficking.
Amber Batts, a member of CUSP, told local news outlets that the lawsuit is intended to remove criminal penalties tied to sex work. According to Batts, such a ruling “would take the criminalization out” of state law.
According to the local NBC affiliate KTUU, the lawsuit argues that Alaska’s constitutional “right to privacy” is being violated because it involves “private decisions regarding bodily autonomy and consensual sexual relationships without a compelling government interest.”
Batts also told KTUU that her focus is on decriminalization rather than legalization, drawing a distinction from regulated systems such as those in parts of Nevada.
Batts explained, “You have to work for someone, you have to be licensed, you know, there’s different aspects to legalization, whereas decriminalization would just take the whole aspect of the prostitution code out.” Litigation in the case remains ongoing.
Meanwhile, in Colorado, lawmakers have introduced legislation that would decriminalize sex work. Senate Bill (SB) 26-097 was introduced by Democratic state Sens. Nick Hinrichsen and Lisa Cutter, along with Democratic state Reps. Lorena Garcia and Rebekah Stewart. The measure is currently under review by the Senate Judiciary Committee.
“The bill requires the statewide decriminalization of commercial sexual activity among consenting adults,” reads a summary of the proposed legislation.
“It declares that decriminalizing commercial sexual activity among consenting adults is a matter of statewide concern and expressly preempts statutory or home rule city, town, city, and county, or county ordinances, resolutions, regulations, or codes criminalizing commercial sexual activity,” the summary adds.
Supporters of SB 97 are seeking to repeal criminal offenses tied to prostitution, soliciting prostitution, keeping a place of prostitution, and patronizing a prostitute. The legislation would keep existing criminal penalties related to pandering but would also update the legal language used in the statutes, replacing the term “prostitution” with “commercial sexual activity.”
If adopted, the proposal would move Colorado toward a framework that removes criminal penalties for both sex workers and their clients — a model that differs from systems where only the buyer is criminalized. The measure remains under consideration by state lawmakers.
