(1) (a) A person commits human trafficking for sexual servitude if the person knowingly sells, recruits, harbors, transports, transfers, isolates, entices, provides, receives, or obtains by any means another person for the purpose of coercing the person to engage in commercial sexual activity.
(b) Human trafficking for sexual servitude is a class 3 felony.
(2) (a) A person commits human trafficking of a minor for sexual servitude if the person:
Knowingly sells, recruits, harbors, transports, transfers, isolates, entices, provides,receives, obtains by any means, maintains, or makes available a minor for the purpose of commercial sexual activity; or
Knowingly advertises, offers to sell, or sells travel services that facilitate an activityprohibited pursuant to subsection (2)(a)(I) of this section.
Human trafficking of a minor for sexual servitude is a class 2 felony. The court shallsentence a person convicted of such a class 2 felony to the department of corrections for a term of at least the minimum of the presumptive range for a class 2 felony, as set forth in section 181.3-401.
In any prosecution under this subsection (2), it is not a defense that:
The minor consented to being sold, recruited, harbored, transported, transferred, isolated, enticed, provided, received, obtained, or maintained by the defendant for the purpose of engaging in commercial sexual activity;
The minor consented to participating in commercial sexual activity;
The defendant did not know the minor's age or reasonably believed the minor to beeighteen years of age or older; or
The minor or another person represented the minor to be eighteen years of age orolder.
(2.5) It is an affirmative defense to a charge pursuant to subsection (2) of this section if the person being charged can demonstrate by a preponderance of the evidence that, at the time of the offense, he or she was a victim of human trafficking for sexual servitude who was forced or coerced into engaging in the human trafficking of minors for sexual servitude pursuant to subsection (2) of this section.
A person does not need to receive any of the proceeds of any commercial sexualactivity to commit an offense described in this section.
Conviction for an offense described in this section does not preclude conviction foran offense described in article 6 or 7 of this title based in whole or in part on the same or related conduct, and the court shall not require the prosecution to elect at trial between such offenses.
Source: L. 2014: Entire part R&RE, (HB 14-1273), ch. 282, p. 1146, § 1, effective July 1. L. 2017: (2)(b) amended, (HB 17-1172), ch. 161, p. 598, § 1, effective August 9; (2)(a) amended and (2.5) added, (HB 17-1072), ch. 250, p. 1049, § 2, effective September 1. L. 2019: (1)(a) and (2)(a) amended, (SB 19-185), ch. 147, p. 1766, § 4, effective May 6.
Cross references: For the legislative declaration in SB 19-185, see section 1 of chapter 147, Session Laws of Colorado 2019.