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:

It’s important to be clear that every person in this room cares about the safety of children.… These crimes are among the most serious and devastating offenses imaginable.

Mabrey then went on to add: 

And reasonable people can differ on the policy here. You can differ on what the punishment should be, how our sentencing structure should operate and what approach best protects children and strengthens public safety.

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

I think one of the most egregious things that can happen to a society is the rape of children, the trafficking of children, the abuse of children. … I strongly believe that children are the most innocent among us, and I’m not okay with anybody touching them or doing anything to them inappropriately. 

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:

The issue of child sex trafficking and prostitution has seen explosive growth in our country, from $500 million a year to $150 billion per year. Tennessee Board of Investigation cites a child is sold or bought for sex every two minutes every day in this country. 

Dr. Pennington added: 

Without this bill, a prostituted child is left with a mandatory life sentence of multiple traumas, PTSD, mental and behavioral difficulties.  And the perpetrator gets probation, in most cases, and is free to continue to prey on our children.

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:

We need to deter people from harming children. If they know there are strict penalties, and they will be held accountable, they are less likely to victimize a child to begin with. 

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: 

If a person hires an 18-year-old prostitute or a person engaged in sex work and is caught, they would face very, very limited penalties. If they believed that person to be 18 and they turned out to be 17, then they would face life without parole under this bill. … This policy solution won’t achieve effective goals, is costly, and doesn’t fit well within our [penalty] scheme.

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: 

An 18 year old who is trying to talk a 17-year-old peer out of engaging in sex work, and decides to give her a ride anyway, so that she will not hitchhike and face even more risk, is subject to prosecution under transportation provisions of this statute. 

Rep. Scott Slaugh, R- Larimer and Weld Counties, explained his vote in favor of HB26-1082

We talked about the proportionality of life without parole and a life sentence in prison, versus the life sentence that an innocent individual, an innocent child would face if they were trafficked, I think the proportionality there is pretty significant to look at.  An individual who does this, knowingly, willingly, absolutely deserves severe punishment, and they should fear for their life, their life in prison for doing these kinds of things. No child should fear for their life, and that is the sentence that [a trafficked] child is given.

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: 

I voted for a bill last year that had increased child sexual assault penalties … And now, for the last two years, I have been engaged with people working on, talking to, people related to this issue long enough to know that something that sounds simple in law is not always so simple. …

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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