In what seems to be a common practice for Fort Collins Police Services lately, another prostitution sting was carried out resulting in 10 new arrests. With these stings, the Police Neighborhood Enforcement Team puts out fake ads on Backpage and Craigslist. When anyone responds to the ad, the police officer pretends to be the prostitute, making sure to get the ‘john’ to say exactly what police need them to say – requesting sexual services in exchange for money. What’s interesting about these cases is that the Fort Collins police will generally charge the arrestees with Patronizing a Prostitute, a class 1 misdemeanor, when that doesn’t really apply and Solicitation is the more appropriate charge. Let’s look at these to statutes to see why.
Larimer County Patronizing a Prostitute Lawyer: What is the Definition of Patronizing a Prostitute?
The Colorado law definition of Patronizing a Prostitute – C.R.S. 18-7-205 – is:
(a) Engages in an act of sexual intercourse or of deviate sexual conduct with a prostitute; or
(b) Enters or remains in a place of prostitution with intent to engage in an act of sexual intercourse or deviate sexual conduct.
I the sting situation described above, the 10 arrestees were charged with Patronizing a Prostitute. However, their actions most likely did not meet either part (a) or part (b) of the above statute. Obviously, seeing as they were communicating with law enforcement, they did not engage in any sexual conduct. Most likely upon arrival to the specified location, the police swooped in and arrested them. Part (b) is trickier, but the motels and hotels that these sting operations are set up at do not constitute a place of prostitution. These are regular hotels and motels located in Larimer, Boulder and Grand County, used by out of town visitors and anyone needing a place to stay overnight – not specifically for prostitution.
Fort Collins Soliciting for Prostitution Lawyer: What is the Definition of Solicitation?
The Colorado law definition of Soliciting for Prostitution – C.R.S. 18-7-202 – is:
(a) Solicits another for the purpose of prostitution; or
(b) Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or
(c) Directs another to a place knowing such direction is for the purpose of prostitution.
In Fort Collins, Loveland, and Estes Park, the actions of the arrested men probably meet criteria of this statute much more appropriately than the Patronizing statue. If the men specifically stated that they wanted sexual contact in exchange for money through their communication with the ‘prostitute,’ then their actions would coincide with part (a) of the Soliciting statute. So, why wouldn’t the police ticket them for this crime? Because Patronizing is a class 1 misdemeanor and Soliciting is a class 3 misdemeanor. They want to try and hit these men with the harshest punishment charge in order to get a greater punishment. We have seen many of these sting operation cases, and in almost every one, Patronizing is unfairly charged.