2020 COA 71
Colo. Ct. App.2020Background
- In June 2014, Cravaughn Maloy (19) met M.C. (17) after she ran away; Maloy allegedly threatened and coerced her to sell sex; Maloy and his girlfriend Sykes profited and posted ads.
- Police arrested M.C.; Maloy was charged with multiple child-prostitution offenses (patronizing a prostituted child, pimping of a child, keeping a place of child prostitution, inducement of child prostitution), and was acquitted on some pandering/soliciting counts.
- A jury convicted Maloy of patronizing, pimping, keeping a place, and inducement; the court imposed a 4-years-to-life indeterminate SOLSA sentence on the patronizing count and determinate terms on the others.
- On appeal Maloy argued (inter alia) that patronizing as applied violated equal protection, that a reasonable mistake-of-age defense should be allowed, that certain complicity instructions were required, and that the prosecutor committed misconduct.
- The court vacated the patronizing conviction and SOLSA sentence on as-applied equal protection grounds (patronizing punished the same or less culpable conduct more harshly than pandering and inducement) and affirmed the remaining convictions and rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| As-applied equal protection challenge to patronizing (SOLSA indeterminate sentence) | People: statutes differ; other offenses carry equal or higher sentencing ranges; patronizing is distinct because it can criminalize sexual contact with the prostituted child | Maloy: patronizing criminalizes the same or less culpable conduct as pandering/inducement but carries potential life incarceration under SOLSA | Vacated patronizing conviction/sentence: court found patronizing (as applied here) punished the same or less culpable conduct more harshly than pandering and inducement, violating equal protection |
| Availability and constitutionality of mistake-of-age defense under §§ 18-1-503.5 and 18-7-407 | People: §18-7-407 (specific) bars mistake-of-age for §§18-7-402–407 offenses; statute is constitutional | Maloy: §18-1-503.5 (later, general) allows reasonable mistake-of-age defense; preclusion violates equal protection and due process | Affirmed: §18-7-407 controls for these child-prostitution offenses; mistake-of-age defense not available; statute withstands rational-basis review and does not create unconstitutional strict liability |
| Jury instructions on complicity (defendant’s tendered instructions on mere presence, knowledge, duty to stop) | People: court’s complicity instructions adequately cover the law and issues; additional instructions unnecessary | Maloy: requested instructions were accurate and necessary to his defense | Affirmed: trial court did not abuse discretion; the concepts were encompassed in the given instructions |
| Prosecutorial misconduct (closing argument labels, references to trauma, alleged misstatement about where Maloy lived) | People: prosecutor’s statements were reasonable inferences from evidence and appropriate to counter defense attacks | Maloy: prosecutor impermissibly mischaracterized evidence and appealed to sympathy | Affirmed: no plain error; statements were reasonable inferences or permissible argument and not flagrantly improper |
Key Cases Cited
- Montoya v. People, 582 P.2d 673 (discusses equal-protection problems when harsher penalties attach to less grievous conduct)
- Wilhelm v. People, 676 P.2d 702 (statutory classifications must be rationally related to legitimate legislative purpose)
- Onesimo Romero v. People, 746 P.2d 534 (as-applied equal protection framework; comparing statutes under specific facts)
- Suazo v. People, 867 P.2d 161 (vacating convictions on equal-protection grounds in child-prostitution context)
- Smith v. People, 852 P.2d 420 (discusses culpability distinctions among prostitution-related offenses)
- Mumaugh v. People, 644 P.2d 299 (example of vacating conviction for equal-protection violation)
- Gorman v. People, 19 P.3d 662 (interpreting mistake-of-age affirmative defense in delinquency-related statutes)
- Ellison v. People, 14 P.3d 1034 (definition and consequences of strict liability offenses)
- Domingo-Gomez v. People, 125 P.3d 1043 (standards for prosecutorial misconduct review)
- New York v. Ferber, 458 U.S. 747 (compelling state interest in protecting minors from sexual exploitation)