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18-7-204. Keeping a place of prostitution

Text

(1) Any person who has or exercises control over the use of any place which offers seclusion or shelter for the practice of prostitution and who performs any one or more of the following commits keeping a place of prostitution if he:

(a) Knowingly grants or permits the use of such place for the purpose of prostitution; or

(b) Permits the continued use of such place for the purpose of prostitution after becoming aware of facts or circumstances from which he should reasonably know that the place is being used for purposes of prostitution.

(2) Keeping a place of prostitution is a class 2 misdemeanor.

History

History.
Source: L. 71: R&RE, p. 452, 1. C.R.S. 1963: 40-7-204.

Annotations

ANNOTATION

Annotators note. Since 18-7-204 is similar to former 40-9-15, C.R.S. 1963, and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.

Defendant must have had control of or assisted in management of house. In order to sustain a conviction under this section it must be shown that the accused had control of and conducted, or assisted in the management of the affairs of the house, so as to be in some manner responsible for the immoral practices there carried on; or must at least have been so in control as to be able to bring about, or assist in bringing about, such immoral practices. To merely aid, abet, advise, or encourage another in the conduct of the house is not within the statute, and to so construe it is to read into it the descriptive elements of an accessory, and so enlarge it by construction. Trozzo v. People, 51 Colo. 323, 117 P. 150.

Statute as basis for jurisdiction. See People v. Fowler, 183 Colo. 300, 516 P.2d 428 (1973).

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