The Colorado prostitution bill, Senate Bill 26-097, was a 2026 proposal that would have made Colorado the first state to fully decriminalize prostitution between consenting adults. It was introduced in February 2026 by four Democratic legislators, never received a committee vote, and was postponed indefinitely by the Senate Judiciary Committee on March 11, 2026, after lead sponsor Sen. Nick Hinrichsen pulled it for lack of support.1Colorado General Assembly. SB26-097 Decriminalize Adult Commercial Sexual Activity
What the Bill Would Have Changed
SB26-097 proposed repealing six Colorado criminal offenses: prostitution, soliciting for prostitution, keeping a place of prostitution, patronizing a prostitute, prostitute making display, and one form of pandering involving arranging situations for someone to practice prostitution. Prostitution itself is currently classified as a petty offense under state law.2FindLaw. Colorado Revised Statutes § 18-7-201
The bill kept felony penalties in place for pimping and for pandering that involves menacing or criminal intimidation. Human trafficking laws would also have remained intact.1Colorado General Assembly. SB26-097 Decriminalize Adult Commercial Sexual Activity Throughout the statutes that stayed on the books, the word “prostitution” would have been replaced with “commercial sexual activity,” defined as performing or agreeing to perform sexual acts with a non-spouse in exchange for anything of value.3Colorado General Assembly. SB26-097 Full Bill Text
The bill also declared the matter one of “statewide concern,” which would have blocked cities, counties, and home-rule municipalities from enforcing their own ordinances criminalizing commercial sexual activity.3Colorado General Assembly. SB26-097 Full Bill Text If passed, the law would have taken effect July 1, 2026, applying only to conduct on or after that date.
Decriminalization, Not Legalization
Much of the public argument about the bill turned on a label. Hinrichsen pushed back on the word “legalization,” pointing out that SB26-097 created no licensing scheme, no regulatory agency, and no government oversight of the industry. According to the ACLU, decriminalization removes criminal penalties for buying and selling sexual services, while legalization removes penalties only for activity that complies with a government-created regulatory framework.4ACLU. Its Time to Decriminalize Sex Work Hinrichsen called the persistent mislabeling part of a “moral panic” that hurt the bill’s chances.5Colorado Politics. Colorado Prostitution Decriminalization Bill Shelved After Sponsor Says It Lacks Votes
Who Supported It
Four Democrats carried the bill: Sens. Nick Hinrichsen of Pueblo and Lisa Cutter of Jefferson County in the Senate, and Reps. Lorena Garcia of Adams County and Rebekah Stewart of Lakewood in the House.6Colorado Sun. Colorado Bill on Decriminalizing Prostitution Hinrichsen, the Senate Majority Whip, was the bill’s chief advocate.
The bill’s legislative declaration argued that criminal penalties discourage sex workers from reporting violence or seeking medical care, and that criminalizing clients makes them reluctant to share the personal information workers use for safety screening.3Colorado General Assembly. SB26-097 Full Bill Text Sen. Cutter argued that criminal records trap people in the sex trade by blocking access to housing and other jobs.7Denver7. Colorado Legislature to Consider Decriminalizing Sex Work Among Consenting Adults Sponsors pointed to decriminalization models in New Zealand, Australia, and Belgium.8Colorado Politics. Battle Lines Drawn as Colorado Considers Decriminalizing Prostitution
The ACLU of Colorado formally backed the measure.9ACLU of Colorado. SB26-097 Decriminalize Adult Commercial Sexual Activity Harm reduction advocates and sex worker organizations, including Red Light Sources International, also supported it.10Yellow Scene Magazine. Why Colorado’s Sex Work Decriminalization Bill Vanished
Who Opposed It
Opposition came from law enforcement, prosecutors, faith-based groups, and Republican legislators. Their shared argument: decriminalization would make it harder to identify trafficking victims and prosecute traffickers.
Douglas County Sheriff Darren Weekly called the bill “unconscionable” and said prostitution laws give officers a critical first point of contact with potential trafficking victims. He predicted decriminalization would raise demand for commercial sex and make coercion harder to prove, since traffickers could point to apparent consent. He also objected to the preemption of local ordinances, calling that provision “egregious.”5Colorado Politics. Colorado Prostitution Decriminalization Bill Shelved After Sponsor Says It Lacks Votes El Paso County Sheriff Joseph Roybal called the bill “anti-public-safety” and said it would “weaken tools used to identify exploitation.”11El Paso County Sheriff’s Office. Sheriff Roybal Thanks Residents for Engagement After SB26-097 Halted
Former Denver District Attorney Mitch Morrissey said the bill would make Colorado “a mecca” for sex traffickers.8Colorado Politics. Battle Lines Drawn as Colorado Considers Decriminalizing Prostitution The Colorado District Attorney’s Council formally opposed it. Safe Places for Women, a faith-based nonprofit, said the bill “addresses the symptoms of exploitation rather than the root causes,” arguing that many people enter commercial sex out of survival rather than genuine choice.7Denver7. Colorado Legislature to Consider Decriminalizing Sex Work Among Consenting Adults
Why the Bill Died
SB26-097 was introduced on February 11, 2026, and assigned to the Senate Judiciary Committee. The first hearing was scheduled for March 11. Two days before that date, Hinrichsen announced he was pulling the bill.12Colorado Sun. Colorado Prostitution Bill Abandoned
He gave two reasons. First, the votes were not there to clear committee. Second, after talking with sex workers who had planned to testify, he decided to spare them a hearing he expected to be hostile. Supporters, he said, feared being placed in a room with “law enforcement, religious leaders and other hostile voices” and worried about surveillance, doxxing, and intimidation.12Colorado Sun. Colorado Prostitution Bill Abandoned
On March 11, the committee voted unanimously to lay the bill over until June 2, 2026, a procedural move that a spokesperson for Colorado Senate Democrats described as “essentially postponing it indefinitely.”13KKTV. Decriminalizing Prostitution Postponed at Colorado Capitol The bill’s official status is now “Lost.” Gov. Jared Polis never took a public position; his office said only that it “would monitor the measure through the legislative process.”6Colorado Sun. Colorado Bill on Decriminalizing Prostitution
Will It Come Back?
A revival looks unlikely in the near term. Hinrichsen announced in June 2025 that he would not seek reelection, citing family reasons, and has said he does not plan to pursue the issue further.14Pueblo Chieftain. Pueblo’s Nick Hinrichsen Drops Out of Senate District 3 Race Co-sponsor Sen. Lisa Cutter is also not seeking reelection. Of the four original sponsors, only Rep. Lorena Garcia and Rep. Rebekah Stewart remain in office, and neither has publicly announced plans to reintroduce the bill or a successor.13KKTV. Decriminalizing Prostitution Postponed at Colorado Capitol