Complete Colorado

Bill decriminalizing prostitution no easy fix, says former sheriff

DENVER – Former Colorado Senator John Cooke (R-Greeley) says a recently introduced prostitution decriminalization bill is complicated, and not necessarily the easy fix for sex trafficking that sponsors want to believe it is.  

Senate Bill 26-097, Decriminalize Adult Commercial Sexual Activity, would make “the oldest profession” legal in Colorado, and does not allow local communities to override the law, preempting their local control on the matter.  

Cooke, who also spent 12-years as the elected sheriff of Weld County, spoke to Complete Colorado about the measure because during his time in the state senate, he and former El Paso County Republican Rep. Lois Landgraf would “joke” every year about whether it was the right time to introduce a similar bill.  

“It was like half serious, half in jest,” Cooke said about his conversations with Landgraf on running the bill, which ultimately neither of them did. 

Cooke says he considered the idea because of his previous role as sheriff, recalling instances where a lot of time and police resources were put into investigations of commercial sex operations where it simply didn’t seem necessary.  

He also compared the US to parts of Europe where prostitution is regulated and legal.  

“It’s taxed,” he said. “They have to have regular medical checkups.”

 Legalized prostitution

The idea apparently didn’t go away, as this month Senators Nick Hinrichson and Lisa Cutter, along with Representatives Lorena Garcia and Rebekah Stewart, all considered to be from the extreme left-wing of the Democrat majority, have put their names on the decriminalization bill.  

Senate Bill 97 “repeals the state criminal offenses of prostitution, soliciting for prostitution, keeping a place of prostitution, patronizing a prostitute, and prostitute making display. It also repeals the offense of pandering when it involves knowingly arranging or offering to arrange a situation that permits a person to practice prostitution.”  

It keeps in place current “penalties for pandering that involves menacing or criminal intimidation and for pimping, but it changes terminology in those offenses by replacing “prostitution” with “commercial sexual activity.” 

The bill also makes various conforming amendments, including those related to: Reporting requirements, immunity, affirmative defenses, and criminal conviction records in human trafficking cases; public nuisances; certification by the peace officers standards and training board; and the regulation of escort bureaus and massage parlors. 

A complicated issue

Cooke said the idea became complicated after he talked to a victim’s advocate and she expressed concerns that while it might help avoid some instances of human trafficking by making it legal for consenting adults to charge for sex, it would likely make child trafficking worse because it would shift traffickers attention away from adult victims to more children. 

The former sheriff said the bill is too vague, adding it would be tough on law enforcement to ascertain the legalities of every single situation.  

“I kind of go both ways on some of it,” he said.  

Cooke recalled an incident when he was still sheriff of Weld County where two women were arrested for running a prostitution ring, and they weren’t paying their taxes. The investigation started with Larimer County, then it was moved to Del Camino law enforcement, and then eventually to Weld County.  

“After they got arrested, I was like how much are we going to spend? All these resources? For that?” He said. “I mean you can’t legislate morality. But then on the other hand, are the women trapped in this and can they get out?”  

The bill has been assigned to the Senate Judiciary Committee, but does not as of yet have a hearing date.  

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