Sponsors say statewide decriminalization would improve safety; critics warn it could fuel exploitation.
DENVER, CO — A group of Colorado Democrats introduced legislation that would remove all state criminal penalties for prostitution between consenting adults and prevent cities and counties from outlawing it again, a major shift that would put Colorado at the center of a national debate over sex work and public safety.
The proposal, Senate Bill 97, would repeal several prostitution-related offenses in state law, including prostitution, soliciting for prostitution, patronizing a prostitute, keeping a place of prostitution and “prostitute making display.” It would keep felony penalties for pimping and for certain forms of pandering that involve threats or intimidation, and it would leave in place laws targeting trafficking and sex crimes involving children. Supporters call the bill a harm-reduction measure that could bring more crimes into the open. Opponents argue that full decriminalization risks expanding a market they say is tied to coercion and trafficking.
The measure was introduced Feb. 11 and immediately assigned to the Senate Judiciary Committee, where it faces its first major test. The bill sets a July 1, 2026, changeover date in multiple sections that rewrite or repeal existing statutes and update references across the criminal code. The lead Senate sponsors are Sen. Nick Hinrichsen, a Pueblo Democrat, and Sen. Lisa Cutter, a Democrat from Jefferson County. In the House, the prime sponsors are Reps. Lorena García of Adams County and Rebekah Stewart of Lakewood. Hinrichsen said the state should not avoid the issue because it is uncomfortable, arguing that criminal penalties can push sex work into darker corners and make it harder for people to seek help.
The bill’s core provision would do more than remove state penalties. It also declares decriminalizing adult commercial sexual activity a matter of statewide concern and preempts local ordinances that criminalize it, meaning city councils and county commissions would be barred from restoring prostitution and solicitation bans through local law. That approach is a key flash point at the Capitol, where lawmakers often balance statewide rules against local control. Supporters say the sex trade often crosses city and county lines, especially when arranged online, and they want consistent rules. Critics say local governments should be able to decide how to handle street-level impacts, from neighborhood complaints to policing priorities.
Under current Colorado law, a person accused of prostitution-related conduct can face a range of penalties, from petty offenses that can carry fines and short jail terms to misdemeanors for operating a place of prostitution. The new measure would erase those state crimes for consenting adults, while keeping major felony penalties for exploitative conduct. Pimping, defined in Colorado law as living off money earned by another person’s commercial sex, would remain a felony, though the bill updates wording by replacing “prostitution” with “commercial sexual activity” in multiple sections. The bill also keeps criminal penalties for pandering when it involves menacing or criminal intimidation. Supporters say the goal is to stop punishing consensual adult transactions while preserving tools to prosecute coercion, threats and profiteering from others’ exploitation.
The proposal arrives after years of smaller steps at the legislature. In 2022, Colorado lawmakers advanced a “safe reporting” law designed to make it easier for sex workers to report violent crimes without fearing that the act of seeking help would lead to a prostitution charge. During that debate, advocates described assaults that went unreported because victims believed they would be arrested or dismissed. The new bill’s sponsors point to that history as evidence that criminalization can deter people from contacting police or medical providers. They also argue that decriminalization could improve screening of clients and reduce the leverage that abusive customers or third parties can hold over workers.
Advocacy groups are already mobilizing on both sides. The ACLU of Colorado has listed the bill as a priority and says decriminalization would reduce harm for adults who engage in consensual commercial sex. Opponents, including some conservative organizations and anti-trafficking advocates, argue that prostitution is rarely truly consensual and that removing penalties for buyers could expand demand. They also say prostitution and trafficking are tightly linked in practice, and they warn that removing criminal consequences could make it harder to identify coercion. Even among lawmakers, the path is uncertain. Some Democrats on key committees have signaled they need time to review the bill, and Republicans have indicated they intend to fight it. Gov. Jared Polis’ office has not taken a position and has said it will monitor the measure as it moves through the process.
Supporters and critics also disagree on how Colorado should compare itself to other states. Nevada is the only state that permits prostitution in certain rural counties through licensed brothels, while most of the country bans both selling and buying sex. Maine changed its law in 2023 to decriminalize the selling of sexual services while keeping penalties for buying sex, an approach often described as the “Nordic model” or “end-demand” model. Colorado’s bill goes further by removing penalties for both parties in a consensual adult transaction and by wiping out crimes tied to arranging or patronizing. Backers say that approach better reflects how the market works and reduces incentives to hide. Opponents say it risks normalizing an industry they view as inherently exploitative.
The bill also makes a series of conforming changes across state law that reach beyond the criminal code. It updates references in human-trafficking-related provisions dealing with reporting requirements, immunity and defenses, and it modifies language in statutes tied to professional certification and enforcement. It also changes or repeals provisions that treat a location used for prostitution as a public nuisance under certain conditions. The bill’s backers describe those revisions as necessary housekeeping to match the broader shift away from criminalizing consensual adult sex work, while keeping enforcement options aimed at coercion and trafficking. Critics say such changes could reduce tools used by communities and prosecutors to address problem properties or organized activity.
What comes next is a committee process that will likely draw emotional testimony and sharp debate. The Senate Judiciary Committee, which is controlled by Democrats this session, will decide whether the bill moves forward to the full Senate. A first hearing had not been posted on the legislature’s public bill history as of Mon., Feb. 16, and the bill remained listed as under consideration. If the bill clears the Senate, it would still need approval from the House and a signature from the governor. Sponsors say they expect testimony from sex workers, health experts, civil rights advocates, local officials and law enforcement. Opponents are expected to bring survivors of trafficking and groups that argue decriminalization increases harm.
For now, Senate Bill 97 is in its earliest stage, with sponsors beginning to count votes and opponents organizing against it. The next milestone is the bill’s first hearing in the Senate Judiciary Committee, where lawmakers will decide whether Colorado should attempt the nation’s broadest rollback of prostitution penalties this year.
Author note: Last updated February 17, 2026.