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18-7-401. Definitions.

Statute text

As used in this part 4, unless the context otherwise requires:

(1) "Anal intercourse" means contact between human beings of the genital organs of one and the anus of another.

(2) "Child" means a person under the age of eighteen years.

(3) "Cunnilingus" means any act of oral stimulation of the vulva or clitoris.

(4) "Fellatio" means any act of oral stimulation of the penis.

(5) "Masturbation" means stimulation of the genital organs by manual or other bodily contact, or by any object, exclusive of sexual intercourse.

(6) "Prostitution by a child" means either a child performing or offering or agreeing to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not the child's spouse in exchange for money or other thing of value or any person performing or offering or agreeing to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any child not the person's spouse in exchange for money or other thing of value.

(7) "Prostitution of a child" means either inducing a child to perform or offer or agree to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not the child's spouse by coercion or by any threat or intimidation or inducing a child, by coercion or by any threat or intimidation or in exchange for money or other thing of value, to allow any person not the child's spouse to perform or offer or agree to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with or upon such child. Such coercion, threat, or intimidation need not constitute an independent criminal offense and shall be determined solely through its intended or its actual effect upon the child.

History

Source: L. 79: Entire part RC&RE, p. 740, 1, effective May 31. L. 85: (6) and (7) amended, p. 623, 8, effective July 1.

Annotations

 

ANNOTATION

Annotations

By enacting the definition of "prostitution of a child", the general assembly sought to prohibit acts by individuals, commonly referred to as pimps, who, in exchange for money or something of value, induce or force a child to perform sex acts. People v. Madden, 111 P.3d 452 (Colo. 2005).