SB26-097: COLORADO & ALASKA TAKES LEAD IN DECRIMINALIZING PROSTITUTION

Written by Michael Thervil

SB26-097: COLORADO & ALASKA TAKES LEAD IN DECRIMINALIZING PROSTITUTION | WRITTEN BY MICHAEL THERVIL

[Colorado Alaska prostitution SB26-097] State Politicians in American states Colorado and Alaska are currently entertaining the idea of decriminalizing prostitution. This comes after Gov. Jared Polis signed HB22-1288 into law in 2022 which gave Sex Workers immunity if they reported crimes such as human trafficking, murder, manslaughter, assault, false imprisonment and stalking with unanimous support from both Chambers of the Colorado Legislature. Now leading the charge to expand the rights of Sex Workers, Colorado Senators Nick Hinrichsen and Lisa Cutter along with State Representatives Lorena Garcia and Rebekah Stewart are pushing for Senate Bill 26-097 to the Senate Judiciary Committee for review. The 16-page SB26-097 summary stated the following:

“The bill requires the statewide decriminalization of commercial sexual activity among consenting adults. It declares that decriminalizing commercial sexual activity among consenting adults is a matter of statewide concern and expressly preempts statutory or home rule city, town, city and county, or county ordinances, resolutions, regulations, or codes criminalizing commercial sexual activity.”

SB26-097 if passed would be a significant win for the rights of sex workers and patrons. Also, if passed SB26-097 will put an end to the state's ability to prosecute current criminal offenses related to “prostitution, soliciting for prostitution, keeping a place of prostitution, patronizing a prostitute, and prostitute making display”. In addition, this bill would also prevent the state from prosecuting those that engage in pandering which “involves knowingly arranging or offering to arrange a situation that permits a person to practice prostitution”. While many detractors think that SB25-097 would shield those that engage in the art of pimping, it appears that if passed, the bill would not. Within the bill is language that articulates the difference between two conditioning adults and the use of intimidation, coercion, and the commercial exploitation of sexual activity at scale.

In the state of Alaska, their Courts are currently reviewing if laws pertaining to prostitution violate its state constitution in terms of whether privacy within a consensual relationship for monetary compensation. Sparking this consideration from the Courts was a complaint made by an organization known as “CUSP” (Community United for Safety and Protection) which according to their website specializes in immigration and social diversification causes petitioned the Courts to put an end to criminalizing people who engage in sex work or patron Sex Workers for a fee under the auspice that Sex Workers are being stigmatized by Alaska’s current anti-prostitution laws.

For some the decriminalization of prostitution is a dream come true, but for others who are concerned about sex trafficking, the passing of Colorado SB26-097 appears to be nothing short but a nightmare. However, the bill addresses this concern. In section one, 2c, the bill states the following:

“CONSENSUAL COMMERCIAL SEXUAL ACTIVITY IS DISTINCT 7 FROM HUMAN TRAFFICKING, WHICH REMOVES THE AGENCY OF TRAFFICKED 8 INDIVIDUALS AND COERCES THEM INTO OFTEN HARMFUL SEXUAL 9 EXCHANGES. DECRIMINALIZING CONSENSUAL SEX WORK FOR ADULTS 10 ENABLES LAW ENFORCEMENT TO FOCUS RESOURCES ON PERPETRATORS 11 WHO INDUCE OTHERS TO PERFORM SEX ACTS BY FORCE, FRAUD, OR 12 COERCION.”

Whether or not the Senate Bill SB25-097 passes the jury is still out on that.