Child Sex Trafficking

Ballot Measure Language (click to expand)

CDOS Received: July 25, 2025 12:44 P.M. CH — 2025-2026 #108 – Final Text

2025-2026 #108 Penalties for human trafficking of a minor FINAL

Be it enacted by the people of the State of Colorado

SECTION 1. Legislative Declaration. (1) The people of the State of Colorado hereby find and declare:

(a) Residents of Colorado and other states and territories throughout the United States have seen an alarming increase in human trafficking, especially human trafficking involving minor children;

(b) Current penalties in Colorado law with parole possible in as little as eight years have failed to adequately deter the human trafficking of minor children; and

(c) It is the measure of a fair and compassionate society to ensure that children are not for sale.

SECTION 2. In Colorado Revised Statutes, 18-3-504, amend (2)(a) and (2)(b); and add (5) and (6) as follows:

18-3-504. Human trafficking for sexual servitude – human trafficking of a minor for sexual servitude.

(2) (a) A person commits human trafficking of a minor for sexual servitude if the person:

(I) Knowingly sells, recruits, harbors, transports, transfers, isolates, entices, provides, receives, obtains by any means, maintains, or makes available a minor for the purpose of commercial sexual activity; or

(II) Knowingly advertises, offers to sell, or sells travel services that facilitate an activity prohibited pursuant to subsection (2)(a)(I) of this section; OR

(III) KNOWINGLY TRADES ANYTHING OF MONETARY VALUE TO BUY OR SELL SEXUAL ACTIVITY WITH A MINOR.

(b) Human trafficking of a minor for sexual servitude is a class 2 1 felony. The court shall sentence a person convicted of such a class 2 1 felony to the department of corrections for a term of at least the minimum of the presumptive range for a class 2 felony, LIFE IN PRISON WITHOUT PAROLE OR RELEASE, as set forth in section 18-1.3-401.

(5) NOTHING IN THIS SECTION SHALL LIMIT A GOVERNOR’S STANDING AUTHORITY OF PARDON, COMMUTATION, OR CLEMENCY.

(6) THE SHORT TITLE OF THIS SECTION IS THE “CHILDREN ARE NOT FOR SALE ACT.”

SECTION 3. Effective date — applicability. This act takes effect on January 1, 2027, and applies to offenses committed on or after that date.

Pros

Stronger protection for children — Imposes the strongest penalty on adults convicted of buying or selling sexual activity involving a minor.

Closes potential loopholes — Broadens the law to cover trading anything of monetary value for sexual activity with a minor.

Clear message — Reinforces Colorado’s condemnation of child sex trafficking and exploitation.

Prevents repeat offenses after release — Supporters emphasize that offenders receiving life without parole cannot reoffend in the community.

Cons

No sentencing flexibility — Life without parole does not allow judges to consider differing circumstances in individual cases.

Questions about deterrence — Critics may argue that harsher penalties alone do not necessarily prevent trafficking.

Higher incarceration costs — Life sentences may increase long-term prison expenses.

Other approaches may also be needed — Prevention, victim services, and enforcement resources remain important tools.

The Bottom Line

Initiative #108 asks voters whether adults convicted of knowingly buying or selling sexual activity involving a minor should face life in prison without the possibility of parole or release.

Detailed analysis from Ballotpedia: https://ballotpedia.org/Colorado_Require_Life_in_Prison_for_Human_Trafficking_of_Minors_Measure_(2026)