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Human Trafficking

Human trafficking is one of the most serious crimes under Colorado law, carrying some of the harshest penalties in the criminal code and drawing intense attention from prosecutors, law enforcement, and the courts. These cases are often complex because the statutes cover both involuntary servitude and sexual servitude, with even greater consequences when a minor is involved. Allegations frequently rest on contested interpretations of coercion, commercial sexual activity, or intent, and the law provides very little room for error once charges are filed.

Colorado Human Trafficking Lawyer

For someone accused, the stakes are not limited to potential decades in prison and heavy fines—these cases carry lasting damage to reputation, livelihood, and family stability. At Law Office of Matthew A. Martin, P.C., the focus is on helping individuals understand exactly how Colorado defines human trafficking, what the penalties entail, what defenses may be available, and how an experienced Colorado human trafficking lawyer can intervene to protect constitutional rights and challenge the prosecution’s case from the very beginning.

If you have been charged with Human Trafficking in Colorado, then you need a strong criminal defense attorney. The Law Office of Matthew Martin is prepared to provide full-service legal representation for clients accused of sex crimes and human trafficking.

Call (303) 725-0017 to set up your first consultation free of charge.

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What Are the Human Trafficking Laws in Colorado?

Human Trafficking for Involuntary Servitude — Colorado Revised Statutes § 18-3-503 makes it a crime to knowingly recruit, sell, transport, harbor, transfer, entice, isolate, receive, provide, or obtain another individual for the purpose of coercing that individual to perform labor or services. Coercion may involve threats, physical force, fraud, or other forms of intimidation. When the victim is an adult, the crime is a class 3 felony. A class 3 felony in Colorado is punishable by 4 to 12 years in prison, 5 years of mandatory parole, and a fine of $3,000 to $750,000. If the victim is a minor, the crime is a class 2 felony. A class 2 felony carries 8 to 24 years in prison, 5 years of mandatory parole, and a fine between $5,000 and $1,000,000. In addition, aggravated circumstances can extend a class 2 felony prison sentence up to 48 years. The law also recognizes an affirmative defense: if the accused was a victim of involuntary servitude themselves and was forced or coerced into the conduct, they may not be held criminally liable.

Human Trafficking for Sexual Servitude — Colorado Revised Statutes § 18-3-504 prohibits knowingly selling, recruiting, harboring, transporting, transferring, isolating, enticing, providing, receiving, or obtaining another person for the purpose of coercing that person to engage in commercial sexual activity. Commercial sexual activity is defined as sexual conduct or performance in exchange for something of value. If the victim is an adult, the offense is classified as a class 3 felony, punishable by 4 to 12 years in prison, 5 years of mandatory parole, and a fine ranging from $3,000 to $750,000. If the victim is a minor, the crime is elevated to a class 2 felony, punishable by 8 to 24 years in prison, 5 years of mandatory parole, and a fine of $5,000 to $1,000,000, with the possibility of an extended sentence up to 48 years in aggravated cases. The statute requires mandatory sentencing within the presumptive felony range, meaning probation is not an option. The law also removes several possible defenses: it is not a defense that the minor consented, that the defendant believed the minor was 18 or older, or that the minor misrepresented their age.

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What Are the Key Elements in Human Trafficking Cases in Colorado?

Coercion — One of the most important elements that juries consider in human trafficking cases is whether the alleged victim was coerced. Under Colorado Revised Statutes § 18-3-502, coercion is broadly defined. It can involve the use or threat of force, abduction, physical restraint, or serious harm. Serious harm is not limited to physical injury; it can also include psychological harm, financial harm, or reputational harm that would compel a reasonable person to comply. Coercion also includes threats to use the legal system improperly, such as threatening deportation, seizing identification documents, or exploiting someone’s mental or physical impairment. Juries are asked to decide whether the prosecution has proven beyond a reasonable doubt that the defendant used coercion to force labor, services, or sexual activity.

Commercial Sexual Activity — Another critical element is whether the alleged conduct involved “commercial sexual activity.” § 18-3-502 defines this as sexual activity where something of value is exchanged, promised, or received. This could be money, drugs, shelter, gifts, or any other benefit. The prosecution does not have to show that the accused personally profited; the law only requires proof that sexual activity was exchanged for value. Juries must carefully examine whether the evidence shows a connection between sexual activity and something of value.

Minor Victims — When a case involves a person under 18, juries must apply the law differently. Colorado statutes state that a child cannot consent to being trafficked or to commercial sex. Even if the minor agreed or misrepresented their age, the law does not recognize those facts as a defense. Juries are instructed that the only question is whether the defendant knowingly engaged in conduct that resulted in the minor being trafficked. The prosecution does not need to prove force, fraud, or coercion when the victim is under 18.

Intent and Knowledge — Human trafficking charges also require proof that the accused acted knowingly. The law does not punish accidental or coincidental involvement. For example, simply being in the same location as a trafficked individual is not enough. Prosecutors must show the defendant knew their actions—such as recruiting, transporting, or harboring—were connected to trafficking. Juries must decide whether the accused understood the nature of their conduct and intended the outcome.

Labor or Services — In involuntary servitude cases, the jury considers whether the defendant obtained labor or services from another person through coercion. Labor trafficking can occur in many industries, such as agriculture, restaurants, construction, or domestic work. The prosecution must prove not only that the victim performed labor or services but also that coercion was used to compel that labor.

Affirmative Defense of Being a Victim — A unique feature of Colorado’s trafficking statutes is the recognition of an affirmative defense for accused individuals who can show they were themselves victims of human trafficking. In both involuntary servitude and sexual servitude statutes, the law provides that someone who was coerced into participating in trafficking cannot be convicted under that section. Juries must weigh any evidence offered by the defense showing that the accused was victimized and forced into the conduct.

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What Are the Defenses to Human Trafficking Charges in Colorado?

Lack of Intent — One of the strongest defenses in a human trafficking case is that the accused did not act knowingly or intentionally. Under Colorado law, trafficking requires proof that the defendant knew they were recruiting, transporting, harboring, or otherwise obtaining a person for the purpose of involuntary servitude or sexual servitude. If the defense can show that the accused did not have this level of knowledge, then the element of intent has not been met. For example, someone who unknowingly gave a ride to a trafficker or rented a room without awareness of its use for trafficking may not be guilty under §§ 18-3-503 or 18-3-504. A jury must acquit if the prosecution cannot prove intent beyond a reasonable doubt.

Mistaken Identity — Human trafficking cases often involve multiple suspects, undercover investigations, and cooperating witnesses. Because of this, mistaken identity can occur. The defense may argue that the accused was wrongly identified as a trafficker when, in fact, another person committed the acts. This defense relies on challenging the credibility of witness testimony, surveillance footage, or other forms of identification used by prosecutors. If there is reasonable doubt about whether the accused was the individual involved, a jury cannot convict.

Insufficient Evidence — The prosecution must prove every element of trafficking beyond a reasonable doubt. In some cases, the evidence may rely too heavily on assumptions, incomplete testimony, or circumstantial proof. The defense can argue that the evidence does not establish the required elements, such as coercion, commercial sexual activity, or knowledge. By attacking the weaknesses in the state’s case, defense counsel can demonstrate that the prosecution has failed to meet its burden, which requires acquittal.

Violation of Constitutional Rights — Defendants in trafficking cases are protected by both the U.S. Constitution and the Colorado Constitution. If law enforcement obtained evidence through an illegal search or seizure, failed to advise the accused of their Miranda rights, or engaged in improper interrogation tactics, the defense may move to suppress the evidence. When critical evidence is excluded because of constitutional violations, the prosecution’s case can collapse.

Affirmative Defense of Victimization — Colorado law specifically provides that a person who was a victim of human trafficking may raise this as an affirmative defense if they were coerced into participating in trafficking others. Both C.R.S. § 18-3-503 and C.R.S. § 18-3-504 recognize this defense. To succeed, the accused must present credible evidence showing that they were themselves trafficked and forced to engage in the conduct. If the jury finds this evidence persuasive, the accused cannot be convicted. This defense is unique compared to other crimes, as it acknowledges the cycle of exploitation and the reality that victims may be manipulated into perpetuating trafficking.

Challenging the Definition of Coercion — Because coercion is broadly defined under § 18-3-502, the defense may argue that the alleged conduct does not rise to the level of coercion required by law. For instance, prosecutors may claim that emotional pressure or financial dependence amounts to coercion, but unless the harm or threat meets the statutory definition, the jury may find that coercion has not been proven. Narrowing the scope of coercion can undermine the prosecution’s case and result in acquittal.

Questioning the Age of the Alleged Victim — When trafficking charges involve a minor, penalties increase dramatically, and defenses are limited. However, the prosecution must still prove beyond a reasonable doubt that the alleged victim was under 18. If there is uncertainty about the victim’s age, or if documentation is inconsistent or unreliable, the defense may argue that the state has failed to meet its burden. While it is not a defense that the accused believed the victim was an adult, it remains critical for the prosecution to establish the victim’s age with certainty.

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Role of a Denver Human Trafficking Attorney

Investigating the Allegations — A Denver human trafficking attorney will immediately investigate the state’s claims by reviewing police reports, digital communications, surveillance, and witness statements. This work focuses on uncovering flaws in the prosecution’s narrative and exposing weaknesses that can dismantle the case before trial.

Challenging Key Elements — Colorado law requires proof of specific elements such as coercion, commercial sexual activity, or the victim’s age. The attorney will rigorously contest whether these elements have been established beyond a reasonable doubt, often through expert testimony and aggressive cross-examination of state witnesses.

Protecting Constitutional Rights — Law enforcement must follow proper procedures during searches, seizures, and interrogations. The attorney will move to suppress illegally obtained evidence, ensuring that the prosecution cannot rely on information gathered in violation of constitutional protections.

Humanizing the Defense — Human trafficking accusations carry extreme stigma. The attorney will present the client’s side of the story, emphasizing context, credibility, and mitigating factors. This approach not only counters the prosecution but also helps the jury see the accused as a person, not just a charge.

Pursuing the Best Possible Outcome — Whether through dismissal, reduction of charges, or defending at trial, the attorney’s goal is to secure the most favorable result. By combining tough advocacy with a survivor-centered understanding of trafficking’s complexities, the lawyer ensures that clients are never left to face the system alone.

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What Are the Frequently Asked Questions About Human Trafficking Laws in Colorado?

What is the definition of human trafficking in Colorado?
Human trafficking in Colorado is defined as recruiting, transporting, or harboring a person through force, fraud, or coercion for labor or sexual servitude. Colorado law makes it a felony with extremely serious prison and financial penalties.

What are the penalties for human trafficking in Colorado?
Penalties for human trafficking in Colorado depend on the case. Trafficking an adult is usually a class 3 felony, punishable by 4–12 years in prison. Trafficking a minor is a class 2 felony, punishable by 8–24 years.

What is considered human trafficking of a minor in Colorado?
Human trafficking of a minor in Colorado occurs when someone sells, recruits, entices, or exploits a child for labor or sexual servitude. Consent is irrelevant, and penalties include mandatory prison sentences for class 2 felony convictions under § 18-3-504.

Can someone be charged with sex trafficking in Colorado without physical force?
Yes. Colorado’s definition of sex trafficking does not require proof of physical force if the victim is under 18. Even without violence, offering or arranging commercial sexual activity involving a minor qualifies as sex trafficking under state law.

What defenses exist for a Colorado human trafficking charge?
Defenses may include lack of intent, insufficient evidence, mistaken identity, or violation of constitutional rights. Colorado law also provides an affirmative defense when the accused can prove they were themselves victims coerced into trafficking others.

Can a person convicted of human trafficking in Colorado receive probation?
For minor victims, Colorado law requires mandatory prison terms within the presumptive sentencing range for a class 2 felony. Probation is not an option in those cases. Adult trafficking convictions may allow probation, but judges rarely grant leniency.

What counts as coercion in Colorado human trafficking law?
Coercion includes threats of harm, physical restraint, fraud, abuse of the legal system, destroying identification, or controlling substances. Even reputational or financial harm qualifies. Colorado defines coercion broadly to capture all tactics traffickers use to control victims.

How does Colorado treat labor trafficking compared to sex trafficking?
Colorado criminalizes both labor trafficking and sex trafficking under separate statutes. Labor trafficking focuses on coerced labor or services, while sex trafficking involves commercial sexual activity. Both carry severe felony penalties, with harsher sentences when minors are involved.

Why should someone contact a Colorado human trafficking lawyer immediately?
Human trafficking charges carry some of the harshest penalties under Colorado law. An experienced Colorado human trafficking lawyer can evaluate evidence, build defenses, and protect rights at every stage. Early representation is critical for reducing risks and preserving options.

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Resources

Colorado Revised Statutes § 18-3-503 – Human Trafficking For Involuntary Servitude — This statute explains the crime of human trafficking for involuntary servitude in Colorado. It describes the conduct that constitutes the offense, the penalties for trafficking involving adults and minors, and the affirmative defense available to victims who were coerced into participating.

Colorado Revised Statutes § 18-3-504 – Human Trafficking For Sexual Servitude — This statute covers the offense of human trafficking for sexual servitude. It explains when conduct involving adults is charged as a class 3 felony and when conduct involving minors is charged as a class 2 felony, along with defenses and sentencing requirements.

Colorado Division Of Criminal Justice – What Is Human Trafficking? — This resource explains what human trafficking is under Colorado and federal law. It describes labor trafficking, sex trafficking, and the forms coercion can take. It also provides global data, information on U.S. trade policies, and compliance tools for companies regarding forced labor.

Colorado Division Of Criminal Justice – Understanding Human Trafficking Council Role — This resource provides information about the Colorado Human Trafficking Council. It explains the council’s mission, guiding principles, and legislative mandates. It also outlines the council’s duties, including developing training standards, making policy recommendations, launching public awareness campaigns, and collecting statewide data on trafficking.

Colorado Department Of Human Services – Child Trafficking In Colorado — This resource addresses child trafficking in Colorado, treating it as child abuse. It explains the difference between sex trafficking and labor trafficking of children, provides signs to watch for, and includes guidance on reporting suspected trafficking through hotlines and local human services.

City Of Denver – Denver Anti-Trafficking Alliance Multidisciplinary Team — This resource provides information about the Denver Anti-Trafficking Alliance Multidisciplinary Team. It describes the team’s mission to coordinate services for youth at risk of or experiencing trafficking, explains available resources, and provides contact information for submitting referrals or requesting help in Denver.

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Hire a Human Trafficking Defense Attorney in Denver, Colorado

If you have been charged with a human trafficking offense in the state of Colorado, call (303) 725-0017 to set up your first consultation free of charge.

Matthew Martin accepts clients throughout the greater Denver area including Jefferson County, Douglas County, Arapahoe County, Broomfield County, Adams County, and Boulder County.