Colorado Committee Kills ‘Children Are Not for Sale Bill’
The Colorado House Judiciary Committee voted against the “Children Are Not for Sale Bill,” legislation that would have mandated a life sentence without the possibility of parole for anyone who traffics or purchases a minor for sexual activity.
It seems common sense that the most heinous crimes deserve the harshest penalties, but the bill was killed before it could go to the full House for a vote.
Legislators voted along party lines, with seven Democrats voting against the measure and four Republicans voting for the bill. It is clear where people stand.
The bill, HB26-1082, would have elevated human “trafficking of a minor for sexual servitude” from a class 2 to a class 1 felony in Colorado, categorizing it with the most serious crimes like first-degree murder and first-degree kidnapping.
In more than four hours of intense testimony, dozens of parents and victims of trafficking spoke in favor of the Children Are Not for Sale Bill.
Only five people testified against it, including three defense attorneys and a representative of the ACLU.
In his opening remarks, committee Chair Javier Mabrey, D-Denver and Jefferson Counties, acknowledged that “emotions run high” when discussing this horrific topic. He reminded the representatives and those who testified:
Mabrey then went on to add:
And there were, indeed, serious policy differences between those who supported the Children Are Not for Sale Bill and those who opposed the measure.
Representative Scott Bottoms, R-El Paso County, who also serves as a pastor in Colorado Springs, introduced the bill, saying:
He described his more than 30 years of helping victims of sexual abuse and trafficking, both as a pastor and as a board member of a ministry to survivors. Bottoms explained this exploitation has life-long effects on children, so perpetrators deserve a life sentence.
He also argued, “Having been trafficked isn’t an excuse for repeating the cycle.”
Dr. Karen Pennington, a professor of nursing and Colorado director of Concerned Women for America, testified in favor of the legislation:
Dr. Pennington added:
Erin Lee, founder and director of Protect Kids Colorado, also spoke in favor of the bill, which is virtually identical to a citizen-initiated ballot measure the organization is hoping to place on the November ballot.
She explained that Colorado ranks number 10 in the nation for human trafficking reports, adding:
The first to oppose the bill was Ariane Frosh, an attorney who works as policy counsel at ACLU Colorado. With a background in “gender and reproductive justice,” she said the ACLU opposes the measure because judges “are best suited to decide a just sentence” and there was no allowance for “mitigating and individualized circumstances.”
Frosh added that the bill “undermines goals of rehabilitation and personal transformation while in jail and increases financial burdens on these institutions.” She suggested the state invest in prevention strategies.
Three defense attorneys opposed the bill. James Karbach, from the Colorado Public Defender’s Office, said the bill was too broad and that it could “ensnare people who themselves have been trafficked.” He also argued:
Laurie Rose Kepros, the director of sexual litigation for the Colorado Office of the State Public Defender, said HB26-1082 could be used against survivors of trafficking, or even against those trying to help trafficking victims with food or shelter.
She stated the proposed law could also be used to prosecute someone for giving somebody a ride or for helping someone set up a website. During questioning, Kepros explained that transporting a victim could mean:
Rep. Scott Slaugh, R- Larimer and Weld Counties, explained his vote in favor of HB26-1082:
Those who voted against the bill explained that child sex trafficking is a horrible crime that already receives harsh, cumulative sentences in Colorado. But then gave their reasons for opposing the proposed legislation. Rep. Chad Clifford, D-Arapahoe County, voted against the bill, saying:
He added, “I’m on record multiple times saying that I do believe that offenders of child sexual assault should spend their life in prison.” Clifford then stated that the bill was “like a sledgehammer” aimed at “one particular statute” that would not solve the trafficking of minors in Colorado. He concluded, “We know that this [bill] is not the way.”
Come November, Coloradans may have the opportunity to vote on a resolution that mandates a life sentence without parole for anyone who traffics a minor, but, at this point, increased penalties will not come from the Legislature.
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ABOUT THE AUTHOR
Jeff Johnston is a culture and policy analyst for Focus on the Family and a staff writer for the Daily Citizen. He researches, writes and teaches about topics of concern to families such as parental rights, religious freedom, LGBT issues, education and free speech. Johnston has been interviewed by CBS Sunday Morning, The New York Times, Associated Press News, The Christian Post, Rolling Stone and Vice, and is a frequent guest on radio and television outlets. He graduated Phi Beta Kappa from San Diego State University with a Bachelors in English and a Teaching Credential. He and his wife have been married 30 years and have three grown sons.



