Facing prostitution charges in Arizona? If you have been charged with prostitution or solicitation of prostitution, a Phoenix prostitution attorney can help you build a strong defense. An experienced Arizona criminal defense attorney knows how to investigate the case and determine the best defense strategy for your criminal case. Whether you’re looking for representation to get your case dismissed, to avoid the worst outcome or to get the best plea deal for your case, Snader Law Group is here for you. We deeply understand your case and the influence it has on your future decisions. Let us help you get through this, from deals to court trials. We are here and we can help.
Howard Snader is a former prosecutor, Phoenix criminal defense attorney, and Arizona board certified criminal law specialist who takes your criminal charges personally. We know the ins and outs of Arizona criminal process and procedures, and we will provide you with an aggressive and effective defense for your criminal charges. Call us now at (602) 825-3031 to talk about your charges and plan your defense today!
How a Phoenix Prostitution Attorney Can Help You With a Prostitution or Solicitation Case
A Phoenix prostitution lawyer can help you navigate the legal complexities of a prostitution or solicitation case by taking the following steps:
Investigating Your Case: Phoenix prostitution attorneys launch in-depth investigations to gather all necessary evidence. This might involve analyzing police reports, crime scene records, or interviewing witnesses that could potentially prove your innocence.
Negotiating with the Prosecutor: In some circumstances, an attorney will engage with the prosecutor to argue for a charge reduction or possible alternative punishments. This process requires proven skills and experience that an attorney possesses.
Fighting in court: Should your case head to trial, having a seasoned litigator by your side is essential to give you the best chance at defending yourself.
Ultimately, hiring a Phoenix prostitution lawyer significantly increases your chances of successfully fighting the charges against you.
What counts as prostitution?
What counts as prostitution in Arizona, according to ARS § 13-3211, is any act that involves offering, agreeing to, or engaging in under a fee arrangement with any person for money or any other valuable consideration. There are several layers to this definition that we can look at — namely, the counts as sexual conduct and as valuable consideration.
What does as sexual conduct mean?
Under Arizona criminal law, sexual conduct means sexual contact (including oral sexual conduct), sexual intercourse, and sadomasochistic abuse.
What does valuable consideration mean?
When it comes to prostitution, valuable consideration usually refers to cash, drugs, and certain favors. If you’re not sure how this applies to your situation, fill out our contact form to reach out to a Phoenix prostitution lawyer.
Is prostitution legal in Arizona?
No, prostitution is not legal in Arizona and in most of the United States. Some examples of prostitution include gentleman’s club, strip bars, massage parlors, and other prostitution derived from business.
Is prostitution a sex crime in Arizona?
No, prostitution is technically not a sex crime even though it’s sex-related. However, it is still a crime and is prohibited in Arizona.
What are the types of prostitution charges?
There are several prostitution-related crimes that you can be charged with in Arizona, including:
- Prostitution
- Solicitation of prostitution
- Sex trafficking
- Child prostitution or child sex trafficking
Solicitation of Prostitution
In Arizona, solicitation is considered a serious crime and is defined broadly to encompass a range of actions involving prostitution:
“A person is guilty of a misdemeanor who:
1. Offers to, agrees to, or commits an act of prostitution; or
2. Solicits or hires another person to commit an act of prostitution; or
3. Is in a public place, a place open to public view or in a motor vehicle on a public roadway and manifests an intent to commit or solicit an act of prostitution.”
The penalties are essentially the same as they are for a prostitution offense, with penalties increasing based on prior offenses:
“Upon a first conviction, by imprisonment for a term of not less than 15 consecutive days and, in the discretion of the Court, a fine not to exceed the maximum amount allowable for a Class 1 misdemeanor.”
If convicted of solicitation of prostitution, call a Phoenix solicitation of prostitution attorney today.
Sex Trafficking Related
While sex trafficking is classified under kidnapping and related offenses, it can involve certain actions are prohibited under Arizona laws. Below are some of the other prostitution offenses that may be involved in sex trafficking:
- ARS § 13-3202 – Procurement by false pretenses of person for purpose of prostitution
- ARS § 13-3203 – Procuring or placing persons in house of prostitution
- ARS § 13-3210 – Transporting persons for purpose of prostitution or other immoral purpose
Other Prostitution Offenses
Aside from the ones previously mentioned, the following acts are also illegal in Arizona.
- ARS § 13-3204 – Receiving earnings of prostitute
- ARS § 13-3205 – Causing spouse to become prostitute
- ARS § 13-3207 – Detention of persons in house of prostitution for debt
- ARS § 13-3208 – Keeping or residing in house of prostitution and employment in prostitution
- ARS § 13-3209 – Pandering
Child Prostitution
As outlined by ARS § 13-3212, child sex trafficking committed by a person who:
- Engages in prostitution with a minor;
- Causes a minor to engage in prostitution; or
- Involved in the prostitution of a minor.
This includes financing, managing, supervising, owning or controlling, and receiving benefits from prostituting a minor. Enticing, recruiting, harboring, transporting, and other ways of providing a means by which a minor engages in prostitution is also included in child prostitution.
Is prostitution charged as a felony or misdemeanor?
There are a few consideration when determining if a prostitution offense will be charged as a misdemeanor or felony. Generally, prostitution or solicitation charges are Class 1 misdemeanors for the first offense. These charges can also be enhanced to a Class 5 felony for repeat offenders.
However, there a few exceptions. First-time offenders for enticement of prostitution, pandering, and transporting are felonies, while any act of prostitution involving a minor is a felony.
What are the penalties for prostitution in Arizona?
For a first time offense, the maximum punishment you can receive is six months of jail time, three years probation, and $2500 in fines. Keep in mind that there is also a mandatory minimum penalty of 15 days in jail for convicted offenders. However, received a felony conviction, you can up to 2 years in prison for enticement, and 2.5 years for pandering, procuring, transporting.
However, getting convicted for prostitution involving a minor carries the harshest penalties compared to the other prostitution offenses. Imprisonment is a mandatory penalty, except in cases where probation is possible (if minor was 15 to 17 years old). Note that the minimum penalty for conviction is 180 days in jail, which can be reduced in half if you complete a counseling program.
If there are any prior prostitution convictions on your record, you’re looking at an increased mandatory jail sentence and could potentially spend up to four years in state prison depending on your criminal history:
“E. A person who violates this section is guilty of a class 1 misdemeanor, except that:
- A person who is convicted of a first violation of this section shall be sentenced to serve not less than fifteen consecutive days in jail and is not eligible for probation or suspension of execution of sentence until the entire sentence is served.
- A person who is convicted of a second violation of this section shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of sentence until the entire sentence is served.
- A person who is convicted of a third violation of this section shall be sentenced to serve not less than sixty consecutive days in jail, is not eligible for probation or suspension of execution of the sentence until the entire sentence is served, and shall complete an appropriate court-ordered education or treatment program.
- A person who has previously been convicted of three or more violations of this section and who commits a subsequent violation of this section is guilty of a class 5 felony, shall be sentenced to serve not less than one hundred eighty consecutive days in jail and is not eligible for probation or suspension of execution of sentence until the entire sentence is served. This paragraph does not prohibit a person from being sentenced to serve a period of incarceration in the state department of corrections.”
Do I need to register as a sex offender for a prostitution conviction?
Since prostitution is not considered a sex crime in Arizona, you don’t need to register as a sex offender if you’re convicted. However, if you got convicted for child prostitution, the court can consider lifetime probation and require you to register as a sex offender.
Common Defenses to Prostitution Charges in Arizona
If you have been charged with prostitution in Arizona, there are two key defenses that could be raised:
Entrapment: This is a common defense for prostitution offenses. If law enforcement induced you to commit an act of prostitution that you typically wouldn’t engage in, your attorney could argue entrapment.
Victim of Sex Trafficking: Under Arizona law, it’s considered an affirmative offense that the defendant was coerced into illegal activities due to being trafficked.
These charges, while only misdemeanors, are serious and carry significant jail time, especially when repeat offenses occur.
Call our Phoenix Prostitution Attorney Today!
A conviction for a prostitution charge will not only affect your record, but may even ruin your reputation to others. Don’t let your freedom be taken away without even putting up a fight. Call our experienced Phoenix prostitution defense lawyer Howard Snader to get an aggressive defense strategy for your case. We take your criminal cases personally, and we know how to get the best outcome for your criminal case.