Prostitution, Stings & Solicitation Defense in Arizona
Prostitution is a crime in Arizona and is outlawed in Arizona Revised Statute 13-3214. In addition to being outlawed statewide, many individual cities and towns throughout Arizona have local ordinances that outlaw prostitution. The statute outlawing prostitution on the state level is fairly vague. The law just says, “It is unlawful for a person to knowingly engage in prostitution.” That doesn’t tell you what prostitution is, but just that you’re not allowed to engage in prostitution.
You have to go to ARS 13-3211 to find the definition of prostitution:
Prostitution “means engaging in or agreeing or offering to engage in sexual conduct under a fee arrangement with any person for money or any other valuable consideration.”
However, many cities or towns have broadened the definition of prostitution or solicitation of prostitution.
Penalties for Prostitution or Solicitation of Prostitution in AZ
- No less than 15 days in jail for a first prostitution conviction.
- No less than 30 days in jail for a second prostitution conviction.
- No less than 60 days in jail for a third conviction. The offender must also complete a court-ordered education or treatment program.
- A person convicted of engaging in prostitution for a fourth time (or more) can also be charged with a class 5 felony, with a mandatory minimum of 180 days in jail and possibly lengthy prison time or probation.
Prostitution Stings in Arizona
Throughout Arizona, cities and towns get together to set people up to be arrested for prostitution. These coordinated efforts are called Prostitution Sting Operations. During these sting operations, police departments will get together across city lines and focus in on an agreed upon target area. They often times distribute advertisements pretending to be what appears to be a sex worker, or will even go as far as dressing up an undercover officer and driving through the streets at night looking for someone they think might be willing to engage in prostitution. Either way, once the target engages with the undercover in a way that crosses the line, law enforcement officers surround the individual and place them under arrest. While these sting operations can lead to big arrests with serious charges, by and large the operations lead to the arrest of mostly first-time offenders looking at misdemeanor charges. However, these misdemeanor charges often carry lengthy mandatory minimum jail terms.
These stings are coordinated efforts across jurisdictional lines, and can happen anywhere in the state. However, they more commonly occur in the city of Phoenix, Scottsdale, Tempe, Glendale and Surprise. Despite the fact that a prostitution conviction requires a mandatory minimum jail sentence for a first offense, there are ways that a skilled criminal defense attorney can negotiate out of a lengthy jail sentence. For example, an attorney could negotiate to plea to a different charge, or an “attempted” charge which would bring a person out of the mandatory sentencing range. Another example would be to negotiate into a prostitution diversion program.
City of Phoenix Prostitution Lawyer
City Code § 23-52 in the City of Phoenix prohibits solicitation of prostitution. The City Code classifies Solicitation as a Class 1 misdemeanor. The code sets out 15 days jail time, as well as a court-ordered education or treatment program, as a mandatory minimum for first time offenders. For a second offense, the mandatory jail time increases to a minimum of 30 days. For a third offense, the mandatory minimum increases to 60 days and for a fourth offense a minimum 180 days in jail.
Scottsdale City Prostitution Lawyer
The City of Scottsdale also has a city code prohibiting the solicitation of prostitution. The mandatory minimum sentence for a first-time offense is 10 days in jail. Depending on the circumstances, you could be sentenced to more. The City of Scottsdale also makes the solicitation of prostitution illegal, and the penalties are often times just as harsh.
Tempe City Prostitution Lawyer
The City of Tempe also has a city ordinance outlawing prostitution and solicitation of prostitution. Tempe City Ordinance § 22-1 states that it is illegal for any person to solicit or hire another person to commit an act of prostitution. The act of prostitution can be difficult to define, so the code goes further to make it unlawful for a person to enter any room, hotel, or other location to engage in sexual activity with a prostitute. This covers solicitation and is often where folks are arrested during prostitution sting operations.
Glendale Prostitution Lawyer
The City of Glendale also outlaws prostitution and the solicitation of prostitution. The Glendale code generally mirrors other city codes and statutes. Glendale City Code specifically makes it illegal to engage in sexual acts, not only for money, but for any “other thing of value.” The full Glendale City prostitution code reads:
9.24.020 Prostitution.
- It is unlawful for any person to commit the offense of prostitution as provided in this section. For purposes of this section, any person who performs or offers or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation or anal intercourse with any person not his spouse in exchange for money or other thing of value commits prostitution.
9.24.030 Soliciting for prostitution.
It is unlawful for any person to commit the offense of soliciting for prostitution as provided in this section. For purposes of this section a person commits soliciting for prostitution if he:
- Solicits another for the purpose of prostitution; or
- Arranges or offers to arrange a meeting of persons for the purpose of prostitution; or
- Directs another to a place knowing such direction is for the purpose of prostitution. (Prior code § 10-112)
Arizona Diversion Classes for Prostitution
Many people do not know that first offense prostitution charges are eligible for diversion in some cities and towns. However, it is important to remember that not every city and town offers diversion for prostitution charges (even for first time offense). IT takes a skilled attorney to know how to negotiate for a resolution to your case that preserves your record and keeps you out of jail.
If you are able to negotiate for a diversion plea offer from the State, it usually will require that you pay a diversion fee, possibly make a donation to a charitable non-profit organization, and attend prostitution prevention classes.
Your first step after being charged with prostitution should be to call Steven George Law for a free consultation.
Having a conviction for prostitution can have serious consequences, but it can also carry collateral consequences—such as having that charge show up on a background check. IF you or a loved one has been caught up in a prostitution sting operation, or otherwise charged with prostitution, call the experts at Steven George Law who know how to handle these types of cases with the care and assertiveness necessary to achieve the best possible results for you. Call or text Steven George Law 24/7 at (480) 363-0090 to set up a time to get answers from an experienced attorney free of charge.
