Supreme Court of Colorado

The People of the State of Colorado v. Phillip L. Ross

February 1, 2021479 P.3d 910

Summary

The court affirmed the court of appeals’ approval of the trial court’s dismissal of the two child-prostitution solicitation counts involving M.O., but did so on different grounds. It held that the culpable mental state applicable to the statutory offense applies to every element and every part of the purpose element, requiring proof that the defendant’s purpose was prostitution of or by a child rather than prostitution generally. The court also held that the statutory prohibition on age-based defenses does not relieve the People of proving that child-prostitution purpose.