Colorado lawmakers are weighing a proposal that could reset how prostitution is treated across the U.S.
Senate Bill 26-097, introduced in the state legislature, aims to remove criminal penalties tied to consensual commercial sex between adults—covering both those who sell sex and those who pay for it.
According to Fox 31, that approach would put Colorado in a category of its own. Across most of the country, prostitution is still prosecuted as a misdemeanor offense.
Nevada remains the only state where it’s legal in any form, but even there, it’s tightly controlled—limited to licensed brothels in a handful of rural counties, with outright bans in major areas like Las Vegas and Reno.
Maine, meanwhile, took a different route in 2023 by decriminalizing the sale of sex while continuing to criminalize buyers.
Colorado’s bill goes further than both. It removes penalties on both sides of the exchange, framing the shift as a safety issue rather than a moral one. In the bill’s text, lawmakers state that “fear of criminal punishment… encourages physical, emotional, and structural violence against sex workers,” arguing that current laws can push activity into less safe conditions and discourage people from reporting crimes or seeking help.
Supporters of the measure also point to how decriminalizing buyers could change the dynamic between sex workers and clients. Without the threat of arrest, the bill suggests clients may be more willing to provide identifying details, giving workers more control over who they agree to meet.
At the same time, the proposal draws a clear line between consensual activity and exploitation. It keeps criminal penalties in place for coercion, intimidation, and trafficking-related offenses.
The bill notes that removing prostitution-related charges could allow law enforcement to better target serious crimes, stating that “decriminalizing consensual sex work for adults enables law enforcement to focus resources” on cases involving force, fraud, or coercion.
Another major shift would come from how the law is applied geographically. Unlike Nevada, where counties can opt in or out of legal brothels, Colorado’s plan would apply statewide. Lawmakers argue that a consistent rule is necessary because many transactions now begin online and can cross multiple jurisdictions.
If passed, the bill would repeal statutes related to solicitation, patronizing, and operating a place of prostitution. It would also update language around escort services, removing provisions that currently require contracts to state that commercial sexual activity is illegal.
Backed by Sens. Nick Hinrichson and Lisa Cutter, along with Reps. Lorena Garcia and Rebekah Stewart, the bill is scheduled for further consideration. If it clears the legislative process, the changes could take effect as early as July 2026.