People v. Dominguez.

2026 CO 30. No. 24SC319. Equal Protection Doctrine—Multiple Convictions—Culpable Mental State.

May 11, 2026

In this appeal, the supreme court granted certiorari to consider whether (1) a division of the court of appeals erred in concluding that Dominguez’s conviction for attempted patronizing a prostituted child plainly violated Colorado’s equal protection doctrine because that conviction prohibited the same conduct as attempted inducement of child prostitution, for which Dominguez was also convicted, but carried a higher sentence; and (2) the trial court erred by declining to instruct the jury on the applicable mental state for the crime of soliciting for child prostitution, which Dominguez contended is “intentionally.”

As to the first issue, the court concluded that any error as to whether Dominguez’s conviction for attempted patronizing a prostituted child violated Colorado’s equal protection principles was not obvious and, therefore, was not plain. Accordingly, the court reversed the division’s contrary judgment and vacated its merits analysis on that question.

As to the second issue, the court concluded, in accordance with its decision in Randolph v. People, 2025 CO 44, ¶ 4, 570 P.3d 1022, 1024, that the culpable mental state for soliciting for child prostitution is “knowingly.” The court further concluded, as did the division below, that the instructions given, when read as a whole, properly instructed the jury on that element.

Accordingly, the court affirmed in part, reversed in part, and vacated in part the division’s judgment.