2023 Colorado Revised Statutes › Title 18 - CRIMINAL CODE (§§ 18-1-101 — 18-26-102) › Article 1 - PROVISIONS APPLICABLE TO OFFENSES GENERALLY (§§ 18-1-101 — 18-1-1109) › Part 7 - JUSTIFICATION AND EXEMPTIONS FROM CRIMINAL RESPONSIBILITY (§§ 18-1-701 — 18-1-714) › Section 18-1-712.5 - Immunity for sex workers and persons who are victims of human trafficking for sexual servitude and who suffer or report an assault - definition

(1)
As used in this section, unless the context otherwise requires, "person" means:
(a)
A person who is the victim of an offense set forth in subsection (3) of this section;
(b)
A person who is a victim of human trafficking of a minor for sexual servitude pursuant to section
18-3-504
; or
(c)
A witness to an offense set forth in subsection (3) of this section.
(2)
A person is immune from arrest and prosecution for prostitution as described in section
18-7-201
, soliciting for prostitution as described in section
18-7-202
, and a prostitute making display as described in section
18-7-207
, if the person seeks assistance from a law enforcement officer, the 911 system, or a medical provider and if the evidence for the charge of prostitution, soliciting prostitution, or a prostitute making display was obtained as a result of the person seeking assistance, as a result of the need for assistance, or as a result of the reporting of assistance. This subsection (2) also applies to equivalent municipal charges and arrests.
(3)
A person who is a victim of one of the following offenses, or a person who witnesses one of the following offenses, qualifies for the immunity from prostitution charges as described in subsection (2) of this section:
(a)
Murder in the first degree, as described in section
18-3-102
;
(b)
Murder in the second degree, as described in section
18-3-103
;
(c)
Manslaughter, as described in section
18-3-104
;
(d)
Criminally negligent homicide, as described in section
18-3-105
;
(e)
Vehicular homicide, as described in section
18-3-106
;
(f)
Assault in the first degree, as described in section
18-3-202
;
(g)
Assault in the second degree, as described in section
18-3-203
;
(h)
Assault in the third degree, as described in section
18-3-204
;
(i)
Vehicular assault, as described in section
18-3-205
;
(j)
Menacing, as described in section
18-3-206
;
(k)
Criminal extortion or aggravated extortion, as described in section
18-3-207
;
(l)
Reckless endangerment, as described in section
18-3-208
;
(m)
First degree kidnapping, as described in section
18-3-301
;
(n)
Second degree kidnapping, as described in section
18-3-302
;
(o)
False imprisonment, as described in section
18-3-303
;
(p)
Enticement of a child, as described in section
18-3-305
;
(q)
Internet luring of a child, as described in section
18-3-306
;
(r)
Sexual assault, as described in section
18-3-402
;
(s)
Unlawful sexual contact, as described in section
18-3-404
;
(t)
Sexual assault on a child, as described in section
18-3-405
;
(u)
Human trafficking for involuntary servitude or human trafficking of a minor for involuntary servitude, as described in section
18-3-503
;
(v)
Human trafficking for sexual servitude or human trafficking of a minor for sexual servitude, as described in section
18-3-504
; or
(w)
Stalking, as described in section
18-3-602
.
(4)
The immunity described in subsection (2) of this section for the offense of prostitution is not grounds for suppression of evidence in other criminal charges. Nothing in this section prohibits the prosecution of a person for offenses other than those listed in subsection (2) of this section, or to limit the ability of a district attorney or law enforcement officer to obtain or use evidence from a report, recording, or any other statement provided pursuant to subsection (2) of this section to prosecute an offense other than those listed in subsection (2) of this section. Nothing in this section prohibits the provision of immunity pursuant to other sections of law, as applicable, including section
18-1-711
.
Added by 2022 Ch. 148,§1, eff. 5/2/2022.