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18-7-203. Pandering

Text

(1) Any person who does any of the following for money or other thing of value commits pandering:

(a) Inducing a person by menacing or criminal intimidation to commit prostitution; or

(b) Knowingly arranging or offering to arrange a situation in which a person may practice prostitution.

 

(2) (a) Pandering under paragraph (a) of subsection (1) of this section is a class 5 felony. A person who is convicted of pandering under paragraph (a) of subsection (1) of this section shall be required to pay a fine of not less than five thousand dollars and not more than ten thousand dollars in addition to any penalty imposed by the court pursuant to section 18-1.3-401, which additional fine shall be transferred to the state treasurer, who shall transfer the same to the prostitution enforcement cash fund created in section 24-33.5-513, C.R.S.

(b) Pandering under paragraph (b) of subsection (1) of this section is a class 3 misdemeanor. A person who is convicted of pandering under paragraph (b) of subsection (1) of this section shall be required to pay a fine of not less than five thousand dollars and not more than ten thousand dollars in addition to any penalty imposed by the court pursuant to section 18-1.3-501, which additional fine shall be transferred to the state treasurer, who shall transfer the same to the prostitution enforcement cash fund created in section 24-33.5-513, C.R.S.

History

History.
Source: L. 71: R&RE, p. 452, 1. C.R.S. 1963: 40-7-203. L. 73: P. 535, 3. L. 2011: (2) amended, (SB 11-085), ch. 257, p. 1128, 4, effective August 10.

Annotations

Cross references: For the legislative declaration in the 2011 act amending subsection (2), see section 1 of chapter 257, Session Laws of Colorado 2011.

ANNOTATION

Constitutionality. This section does not violate ones due process, equal protection, or constitutional privacy rights, and is neither vague nor overbroad. People v. Mason, 642 P.2d 8 (Colo. 1982).

There is no constitutionally protected right the exercise of which would be threatened by the legislative prohibition of soliciting, pandering, and pimping. People v. Mason, 642 P.2d 8 (Colo. 1982).

Subsection (1)(b) is clearly directed at specific type of conduct, and is designed to punish persons who act as brokers to bring prostitutes together with their customers. People v. Johnson, 195 Colo. 350, 578 P.2d 226.

There is an element in pandering not necessarily present in pimping, i.e., the affirmative, knowing action of arranging or offering to arrange an assignation for the practice of prostitution by another; therefore, the two crimes are distinguishable and may entail different punishments. People v. Johnson, 195 Colo. 350, 578 P.2d 226 (1978).

Applied in People v. Ganatta, 638 P.2d 268 (Colo. 1981).