Four Colorado Democrats have introduced a bill that would make the state the first in the nation to decriminalize sex work–notably different from Nevada, which remains the only state to have legalized prostitution in certain counties. 

Senate Bill 26-097, introduced by Sens. Nick Hinrichsen (Pueblo County) and Lisa Cutter (Jefferson County), and Reps. Lorena Garcia (Adams & Jefferson County) and Rebekah Stewart (Jefferson County), would require the state to decriminalize all commercial sexual activity between two consenting parties. Introduced February 11th of this year, SB 26-097 would repeal criminal offenses for prostitution and the solicitation of prostitution across the state. The bill would keep criminal penalties in place against those soliciting prostitution using criminal intimidation or menacing acts, as well as leaving current criminal penalties against pimping. They 

The bill also requires municipalities to set light regulations on SB 26-097 also would make numerous amendments towards reporting requirements of those under the age of 18 victimized by human trafficking, immunity for commercial sexually-related criminal offenses if there is probable cause of a case of human trafficking, and sealing of any criminal charges committed by victims of human trafficking. 

Numerous studies have shown that areasthat have decriminalized sex work have shown that sex workers in the counties have demonstrated better health outcomes, sex workers in places that continue to criminalize sex work.  

“When we’re decriminalizing, sex workers are still their own, they are themselves,” said state Representative Lorena Garcia, a proponent of the bill. “If you legalize, they work for somebody. It’s an endorsed legalized pimping model, which we are not doing here.”  

Other proponents state that offenders of human trafficking would continue to face the full penalties of the law, but maintain that a line needs to be drawn between human trafficking and sexual acts engaged in between two consensual adults. 

The bill is not without its opponents, however. The Colorado GOP has united against SB26-097, stating on Facebook, “This isn’t ’empowerment’; it’s a green light for exploitation, commodifying bodies, and fueling HUMAN TRAFFICKING in a state already ranking high for it.”  

The post goes on to discuss their opposition to the bill’s blanket law across the state, which prevents local ordinances from opting out of the proposed changes and overrides local law. 

 Other critics of the bill point out that prostitution is directly tied to human trafficking–citing that the average age a person enters the industry of prostitution is as young as 13-years-old. 

Currently, the bill has been assigned to the state’s Senate Judiciary Committee, but no hearing has been scheduled. If passed, however, the bill would immediately take effect July 1st of this year, and those who have been charged or convicted of prostitution before July 2026 could apply to have these records sealed. 

UPDATE: The bill is now dead before hitting the judiciary committee’s floor on March 11th. The sponsors of the bill confirmed to The Colorado Sun on March 9th as the bill lacks enough support to pass the committee.  

State Senator Nick Hinrichsen stated to Westword, “The politics of this policy are difficult. Sometimes, however, hearing from those who are impacted by harmful policies is the only way to shift the politics. My greatest frustration with this bill isn’t that it won’t pass, it’s that sex workers in Colorado haven’t had a fair chance to tell their stories about how current laws endanger their safety and autonomy in a variety of ways. Their lives matter.”