C.R.S. Section 18-7-201.3
Affirmative defense

  • human trafficking
  • expungement of record protective order
  • definitions

(1)

A person charged with prostitution, as described in section 18-7-201 or any corresponding municipal code or ordinance, for an offense committed on or after July 1, 2015, which offense was committed as a direct result of being a victim of human trafficking, may assert as an affirmative defense that he or she is a victim of human trafficking as defined in subsection (4) of this section. To assert the affirmative defense pursuant to this subsection (1), the person charged with the offense must demonstrate by a preponderance of the evidence that he or she was a victim of human trafficking at the time of the offense. An official determination or documentation is not required to assert an affirmative defense pursuant to this subsection (1), but official documentation from a federal, state, local, or tribal government agency indicating that the defendant was a victim at the time of the offense creates a presumption that his or her participation in the offense was a direct result of being a victim.

(2)

Repealed.

(3)

At the request of a person who asserted the affirmative defense pursuant to subsection (1) of this section, the court may at any time issue a protective order concerning protecting the confidentiality of the person asserting the affirmative defense.

(4)

As used in this section, unless the context otherwise requires:

(a)

“Human trafficking” means an offense described in part 5 of article 3 of this title or any conduct that, if it occurred prior to the enactment of such part 5, would constitute an offense of human trafficking pursuant to part 5 of article 3 of this title.

(b)

“Victim of human trafficking” means a “victim” as defined in section 18-3-502 (12).

Source: Section 18-7-201.3 — Affirmative defense - human trafficking - expungement of record protective order - definitions, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-18.­pdf (accessed Oct. 20, 2023).

18‑7‑101
Definitions 18‑7‑102
Obscenity 18‑7‑103
Injunctions to restrain the promotion of obscene materials 18‑7‑104.5
Remedies under the “Colorado Organized Crime Control Act” 18‑7‑105
Severability 18‑7‑107
Posting a private image for harassment - definitions 18‑7‑108
Posting a private image for pecuniary gain - definitions 18‑7‑109
Posting, possession, or exchange of a private image by a juvenile - definitions - penalties 18‑7‑201
Prostitution prohibited 18‑7‑201.3
Affirmative defense - human trafficking - expungement of record protective order - definitions 18‑7‑201.4
Victim of human trafficking of a minor for sexual servitude - provision of services - reporting 18‑7‑202
Soliciting for prostitution 18‑7‑203
Pandering 18‑7‑204
Keeping a place of prostitution 18‑7‑205
Patronizing a prostitute 18‑7‑206
Pimping 18‑7‑207
Prostitute making display 18‑7‑209
Immunity from prostitution-related offenses - victims - human trafficking of a minor for involuntary servitude - human trafficking of a minor for sexual servitude 18‑7‑301
Public indecency 18‑7‑302
Indecent exposure - definitions 18‑7‑401
Definitions 18‑7‑402
Soliciting for child prostitution 18‑7‑403
Pandering of a child 18‑7‑403.5
Procurement of a child 18‑7‑404
Keeping a place of child prostitution 18‑7‑405
Pimping of a child 18‑7‑405.5
Inducement of child prostitution 18‑7‑406
Patronizing a prostituted child 18‑7‑407
Criminality of conduct 18‑7‑408
Severability 18‑7‑409
Reports of convictions to department of education 18‑7‑501
Definitions 18‑7‑502
Unlawful acts 18‑7‑503
Applicability 18‑7‑504
Severability 18‑7‑601
Dispensing violent films to minors - misdemeanors 18‑7‑701
Sexual conduct in a correctional institution 18‑7‑801
Criminal invasion of privacy 18‑7‑901
Unlawful distribution of a suicide recording - definitions - Lil’ Von Mercado’s Law
Green check means up to date. Up to date

Current through Fall 2024

§ 18-7-201.3’s source at colorado​.gov