The People of the State of Colorado, Petitioner/Cross-Respondent: v. Javier Vega Dominguez, Respondent/Cross-Petitioner:

── The People of the State of Colorado, Petitioner/Cross-Respondent: v. Javier Vega Dominguez, Respondent/Cross-Petitioner: ── Court: Supreme Court of Colorado Date: May 11, 2026 Category: General 1 2026 CO 30 The People of the State of Colorado, Petitioner/Cross-Respondent: v. Javier Vega Dominguez, Respondent/Cross-Petitioner: No. 24SC319 Supreme Court of Colorado, En Banc May 11, 2026 2           Certiorari to the Colorado Court of Anneals Court of Appeals Case No. 21CA1144.           Attorneys for Petitioner/Cross-Respondent: Philip J. Weiser, Attorney General Jessica E. Ross, Senior Assistant Attorney General &Assistant Solicitor General Aric Smith, Assistant Attorney General Denver, Colorado.           Attorneys for Respondent/Cross-Petitioner: Megan A. Ring, Public Defender Kamela Maktabi, Deputy Public Defender Denver, Colorado.           JUSTICE GABRIEL delivered the Opinion of the Court, in which CHIEF JUSTICE MARQUEZ, JUSTICE BOATRIGHT, JUSTICE HOOD, JUSTICE SAMOUR, JUSTICE BERKENKOTTER, and JUSTICE BLANCO joined. 3           OPINION           GABRIEL, JUSTICE.          ¶1 We granted certiorari to consider whether (1) a division of the court of appeals erred in concluding that defendant Javier Vega 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 Vega 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 Vega Dominguez contends is "intentionally."[1]          ¶2 As to the first issue, we conclude that any error as to whether Vega Dominguez's conviction for attempted patronizing a prostituted child violated Colorado's equal protection principles was not obvious and, therefore, was not 4 plain. Accordingly, we reverse the division's contrary judgment, and we vacate its merits analysis on that question.          ¶3 As to the second issue, we conclude, in accordance with our decision in Randolph v. People, 2025 CO 44, ¶ 4, 570 P.3d 1022, 1024 ("Randolph II"), that the culpable mental state for soliciting for child prostitution is "knowingly," and we further conclude, as did the division below, that the instructions given, when read as a whole, properly instructed the jury on that element.          ¶4 Accordingly, we affirm in part, reverse in part, and vacate in part the division's judgment.          I. Facts and Procedural History          ¶5 J.S., who was fifteen years old at the time, went to Walmart with his father. While they were at the store, Vega Dominguez approached J.S. and asked J.S. if he was with anyone else. Vega Dominguez then offered J.S. money if J.S. would sell pornographic movies and vibrators for him. Vega Dominguez also offered J.S. money for oral sex and asked J.S. to go to his house to have sex with him and see the pornographic movies. J.S. declined each of these offers, and Vega Dominguez gave J.S. his phone number.          ¶6 J.S. then told his father about the encounter, and he and his father contacted the police. 5          ¶7 Law enforcement later commenced an undercover operation in which a detective representing himself as J.S. initiated text message exchanges with Vega Dominguez. During these exchanges, Vega Dominguez asked J.S. how old he was, and J.S. said that he was fifteen years old. Vega Dominguez then asked J.S. for naked photos of himself and offered to pay J.S. for sex.          ¶8 The detective portraying J.S. subsequently arranged to meet Vega Dominguez in person. When Vega Dominguez arrived and stopped near the agreed location, the police arrested him and found lubricant in his vehicle. Vega Dominguez was later charged with (1) soliciting for child prostitution; (2) sexual exploitation of children; (3) criminal attempt to commit patronizing a prostituted c