Colorado Defense for Child Prostitution Charges: Mistake of Fact Defense

Facing a child prostitution charge is devastating. Being catfished by someone using a dating app or online site in Colorado can result in a child prostitution-related offense.

This article offers a definitive strategy to prove you never intended to solicit or induce child prostitution through a dating app or online dating site. 

As a criminal defense attorney, I understand the shock and immediate crisis when you’re faced with soliciting for child prostitution or patronizing a prostituted child charges because of a dating app. It’s a nightmare for my clients.

Historically, child solicitation and prostitution were predicated on an adult knowingly engaging a minor for sexual activity. Online dating has led to adults engaging underage users by mistake. In fact, research recently published in the Journal of Psychopathology and Clinical Science reports that nearly a quarter of teenagers use adult dating apps. Clearly, teens or those trafficking children are bypassing lax age verification mechanisms. 

Colorado law also makes it easier for prosecutors to charge adults with felony sexual exploitation of a minor through prostitution. Under C.R.S. 18-7-402, requesting or arranging a sex act is a crime. C.R.S. 18-7-406 requires that the minor perform, offer to perform, or agree to perform a sexual act in exchange for money to be charged. 

My Criminal Defense Team has defended numerous unsuspecting adults in recent years, and we’re prepared to fight for you, too.

Mistake of Fact is Your Best Defense Against a Child Solicitation Charge Since Colorado law requires proof of a guilty mental state—specifically for soliciting and generally for patronizing—your best defense involves negating this element. After all, you can’t be guilty for something you didn’t do or even know was happening. 

This is where the mistake of fact defense comes into focus.

Soliciting for child prostitution and patronizing a prostituted child require the DA’s office to: 

1. prove that you knew the alleged victim wasn’t a legal adult, and

2. that you intended to proceed with the act anyway. 

As such, a critical defense is that you had no intent to solicit or patronize a child prostitute.  In other words, any alleged conduct was innocent (or at least misconstrued) and the intent inferred by the DA from the conduct is wrong.  This could be as simple as asking for directions from someone, for instance. A failure by the DA’s office to demonstrate the intent beyond a reasonable doubt can be fatal to a case.  

In Colorado, mistake of age is not a standalone defense for child prostitution at trial. The age of consent in Colorado is 18, per C.R.S. 18-7-407, and the safety of minors takes precedent over an adult’s claim of ignorance. 

• even in cases where a minor has clearly lied about their age

• even when that minor is violating a dating site’s online terms of service 

• even if you honestly believed you were engaging with an adult

However, the mistake of age can be leveraged before charges are formally filed to convince the DA’s office that it will have a tough time proving the required element of knowing. Depending on the circumstances, we may be able to persuade the prosecutor not to file charges at all or to dismiss the case due to insufficient evidence of criminal intent.  Additionally, it is the burden of the DA to show that the child was, in fact, a child (someone under the age of 18 in Colorado).  If they fail to show this beyond a reasonable doubt, then the charge may be reduced to a solicitation of a(n adult) prostitute charge, which is not as severe.

Soliciting for child prostitution and patronizing a prostituted child are both Class 3 felonies under Colorado law. A conviction at this felony level carries severe, life-altering consequences. 

Soliciting for child prostitution in Colorado carries a minimum of four years in prison, plus five years of parole. Aggravating circumstances can extend the sentence.

Patronizing a prostituted child can result in up to life in prison under the Colorado Sex Offender Lifetime Supervision Act of 1998 (SOLSA).

Both of these charges require mandatory sex offender registration upon conviction. This mandate requires adherence to the provisions of C.R.S. 18-3-412.5, which limit your movements, job prospects, housing options, and ultimately, your reputation. 

Fines for a Class 3 felony conviction in Colorado range from $3,000 to $750,000 and are at the court’s discretion. 

When facing allegations of child solicitation or prostitution that manifests from activity on a dating app or other social media platform, every action you take—or don’t take—is likely to impact your case outcome drastically. My Criminal Defense Team has handled numerous cases like yours and is prepared to provide you with strategic legal counsel. But time is of the essence here. Call 303-688-0944 or book your confidential consultation online.