LOS ANGELES—The decriminalization of sex work is currently central to political debates taking place in two U.S. states: Alaska and Colorado.
The Alaska state courts are now considering whether prostitution laws violate the state constitution's outlined right to privacy related to a consensual sexual relationship transacted for money or similar compensation. Simultaneously, Colorado lawmakers have introduced a bill to decriminalize sex work and escorting.
The group Community United for Safety and Protection (CUSP) filed a complaint before the Alaska Superior Court in a bid to stop the criminalization of sex work for a fee. CUSP maintains that sex workers and sex trafficking survivors are being demonized by the state's statutes on prostitution.
Amber Batts, a member of CUSP, told the local news that such a lawsuit "would take the criminalization out" of state law.
According to local NBC affiliate KTUU, the lawsuit alleges that the "right to privacy" is being violated due to "private decisions regarding bodily autonomy and consensual sexual relationships without a compelling government interest."
Batts told KTUU that she intends to advocate for decriminalization, not for legalization, as in certain jurisdictions in Nevada.
Batts explained, "You have to work for someone, you have to be licensed, you know, there’s different aspects to legalization, whereas decriminalization would just take the whole aspect of the prostitution code out.” Litigation is ongoing in the case.
Meanwhile, lawmakers in Colorado have introduced legislation that would decriminalize sex work. Senate Bill (SB) 26-097 was introduced by Democratic state Sens. Nick Hinrichsen and Lisa Cutter, and Democratic state Reps. Lorena Garcia and Rebekah Stewart. SB 97 is currently before the Senate Judiciary Committee for review.
"The bill requires the statewide decriminalization of commercial sexual activity among consenting adults," reads a summary of the proposed legislation.
"It declares that decriminalizing commercial sexual activity among consenting adults is a matter of statewide concern and expressly preempts statutory or home rule city, town, city, and county, or county ordinances, resolutions, regulations, or codes criminalizing commercial sexual activity," the summary adds.
The lawmakers behind SB 97 want to repeal criminal offenses related to prostitution, soliciting prostitution, keeping a place of prostitution, and patronizing a prostitute. The legislation would maintain the current criminal penalties related to pandering, but change the terminology of the preceding offenses by replacing the term "prostitution" with "commercial sexual activity." The lawmakers essentially want to make Colorado the first statewide jurisdiction in the country to have non-Nordic-model sex work legislation in place, meaning it would decriminalize both sex workers and sex buyers.
