Proposition 133: Penalties for Human Trafficking of a Minor

Proposition 133 would make child sex trafficking a Class 1 felony with a sentence of life in prison without parole, and remove judicial discretion in sentencing. It would also add trading anything of monetary value to buy or sell sexual activity with a minor to the crime. A YES vote sets this penalty and expands the crime to include buying sexual activity with a minor. A NO vote keeps existing felony penalties of 8 to 48 years in prison plus a mandatory parole period.

The measure would increase future Colorado Department of Corrections costs, beginning in about 14 years. Initial costs are estimated at $180,000 in budget year 2041-42, and grow by that amount for several years. These costs are not adjusted for inflation. The increase would stabilize later as life sentences end through death, commutation or pardon. Costs are assumed to be paid from the state General Fund, and the estimate could be higher because of inflation or more convictions.

What is child sex trafficking?

Under Colorado law, human trafficking of a minor for sexual servitude, or child sex trafficking, occurs when an adult forces or makes a minor available for commercial sexual activity in exchange for money or other compensation. Child sex trafficking is one of many sex crimes with which a buyer or seller may be charged. Legally, a minor cannot consent to commercial sexual activity. Current law provides legal defenses and protections for individuals charged with this crime who are victims of sex trafficking. How does Proposition 133 change the crime of child sex trafficking?

Proposition 133 increases the penalty for child sex trafficking to life in prison without the possibility of parole, and removes judicial discretion in sentencing. It also adds exchanging anything of value to buy or sell sexual activity to the list of acts included in child sex trafficking. If convicted of this crime, buyers and sellers will receive a life sentence.

Table 1 outlines the current penalties for those convicted of child sex trafficking and the penalties if Proposition 133 is approved. The table reflects the range of potential penalties under current law, but the actual sentence would depend on the specifics of the crime and the outcome of the trial.

Table 1 Current and Proposed Penalties for Child Sex Trafficking Policy Felony Classification Penalties Current Law Class 2 felony 8 to 48 years in prison and mandatory 5 years parole Proposition 133 Class 1 felony Life in prison without parole

FINANCIAL IMPACT STATEMENT

State Spending

The measure increases future state spending in the Colorado Department of Corrections (CDOC). Costs for the measure are estimated to begin in about 14 years. Initial costs are estimated at $180,000 in budget year 2041-42, and grow by that amount for several years thereafter. This would be an increase of $360,000 in budget year 2042-43, $540,000 in budget year 2043-44, and so on. These costs are not adjusted for inflation. Eventually, the increase will stabilize as the costs of new offenders staying longer are offset by a decrease in costs from life sentences ending due to an offender dying or potentially receiving a commutation or pardon.

The cost increase results from persons convicted of child sex trafficking serving a life sentence instead of a fixed term. It takes years for the first affected offenders to reach the point in their original sentence where they would have been paroled under current law, and that is when the added cost starts.

This cost estimate reflects current sentencing data and values for state-run prison beds; actual costs will likely be higher in the future due to inflation, and if more individuals are convicted of child sex trafficking than under current law. Notably, costs for medical care will grow separately as offenders age in prison.

In addition, workload in the trial courts and agencies that provide representation to indigent offenders in the Judicial Department will minimally increase as cases with enhanced penalties generally take longer to process than cases with lesser penalties.

The measure does not specify a funding source to pay for the increased spending in the CDOC and it is assumed that these costs will be paid from the state General Fund. While the measure may reduce money available for other uses (the three largest of which are Health Care Policy and Financing, Education, and Higher Education), the likely effect of the measure on other programs is unknown and will depend on future budgeting decisions by the state legislature.

Local Government Spending

Similar to the state, workload will minimally increase for county-funded district attorneys to prosecute longer cases with enhanced penalties.