Randolph v. People.

2025 CO 44. No. 23SC167. Soliciting for Child Prostitution—CRS § 18-7-402—Mens Rea—Knowingly—Intentionally—CRS § 18-1-501—CRS § 18-1-503—People v. Emerterio—People v. Ross.

June 23, 2025

The supreme court held that the applicable mens rea for the crime of soliciting for child prostitution under CRS § 18-7-402(1)(a) and (1)(b) is “knowingly” or “willfully,” not “intentionally” or “with intent.” In so doing, the court rejected Randolph’s contention that the phrase “for the purpose of” in subsections (1)(a) and  (1)(b) is its own culpable mental state (something resembling intentionally or with intent). In the process, the court also disavowed the holding in People v. Ross, 2019 COA 79, 482 P.3d 452, that the phrase “for the purpose of” in subsections (1)(a) and (1)(b) is synonymous with intentionally or with intent. Because the division of the court of appeals below reached the same conclusions, the court affirmed its judgment.