Facing allegations of prostitution in Arizona? Such accusations can have significant implications. In Arizona, prostitution-related cases are treated with great seriousness and penalties. Whether it’s solicitation or other related activities, these cases impact everyone involved – the individuals, their families, and the broader community. For those accused, the pressure of public perception and potential legal consequences can be immense. Arizona’s laws regarding prostitution are comprehensive and nuanced; hence, understanding them thoroughly is essential. Moreover, it’s vital to approach every party involved with dignity and empathy. Consult with a seasoned legal experienced from Tamou Law Group to ensure your rights are protected.
Prostitution Charges in Arizona
Prostitution - Relevant Statutes
ARS 13-3214: Prostitution
General Prohibition: In Arizona, it’s illegal for anyone to knowingly engage in prostitution. The law considers any agreement or offer for sexual conduct in exchange for any item of value or fee to be prostitution, even if the act itself does not take place. This can refer to the BOTH the prostitute and the individual requesting the services.
Solicitation: Solicitation of prostitution, which means offering or agreeing to engage in sexual conduct in return for a fee, is also criminalized under this statute.
ARS 13-3211: Definitions
Sexual Conduct: Defined broadly as any direct or indirect touching, fondling, or manipulating of any sex organ or body part for the purpose of sexual gratification or arousal. This can include acts even if no physical contact is made.
ARS 13-1002: Attempt
In the context of prostitution and solicitation, this statute would apply if a person attempts to commit a specific offense (like prostitution) but doesn’t complete the act. Simply taking a substantial step towards committing the offense can still be punishable under this statute.
Sentencing Guidelines for Prostitution in Arizona (Generally)
Remember, an accusation does not equate to guilt. If you or a loved one has been accused of a crime involving Prostitution, reach out to Tamou Law Group without delay. Our extensive experience in Arizona’s criminal law is your guiding light during these trying times. Our initial consultation is free and completely confidential. We are here to listen, offer guidance, and above all, advocate vigorously on your behalf.
Click on the list to learn more about Sentencing Guidelines for Prostitution.
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First through Third Offenses - Misdemeanor(s)
- First Offense: Class 1 misdemeanor. The sentencing typically includes a mandatory minimum of 15 consecutive days in jail. The defendant cannot be eligible for probation, pardon, commutation, or suspension of the sentence, or release until the sentence imposed by the court has been served.
- Second Offense: Also a Class 1 misdemeanor. It carries a mandatory minimum sentence of 30 consecutive days in jail, with similar restrictions as the first offense regarding probation, pardon, and other forms of early release.
- Third Offense: This is still a Class 1 misdemeanor. However, the mandatory minimum sentence increases to 60 consecutive days in jail.
Fourth and Subsequent Offenses: Felony
These are categorized as Class 5 felonies. Sentencing includes a minimum of 180 days in jail.
Other Considerations:
- For those convicted of prostitution and who have multiple offenses, mandatory education or treatment programs might also be a part of the sentence.
- If a vehicle was used during the commission of the crime, it might be subject to mandatory vehicle immobilization or impoundment.
Solicitation of a Minor for Prostitution: This is a more severe crime and is considered a felony. The sentencing can vary based on the age of the minor and other circumstances but generally comes with longer prison terms and possibly heftier fines.
Operating a House of Prostitution or Pimping: These are also felonies and come with their own range of penalties, including longer prison terms and significant fines.
Note: Laws and their interpretations can change over time. It’s essential to consult the latest version of the Arizona Revised Statutes or an attorney for the most current and specific sentencing details.
It’s important to note that these sentencing guidelines are only a general guideline, and the actual sentence imposed can vary depending on the specific circumstances of the case. An experienced criminal defense attorney can help you understand the potential consequences of your charges and work to mitigate the penalties you face.
Defending Prostitution Offenses in Arizona
- Lack of Evidence: The prosecution must prove beyond a reasonable doubt that the defendant committed the crime. If there’s insufficient evidence to support the claim, this can be a solid defense.
- Mistaken Identity: An attorney might argue that the defendant was wrongfully identified as the person who committed the alleged act.
- Entrapment: This defense is used when a person is induced or persuaded by law enforcement officers (or their agents) to commit a crime that they had no previous intention to commit.
- Lack of Intent: Prostitution charges often require intent. If the defendant did not have the intent to engage in sexual acts for money or did not intend to pay for such acts, this could be a potential defense.
- Coercion or Duress: If the defendant was forced or threatened into committing the act of prostitution, they might use coercion or duress as a defense.
- Victim of Human Trafficking: Some defendants might have been forced into prostitution due to human trafficking. If so, they could argue that they are victims rather than offenders.
- Insufficient Agreement: Merely being in a location known for prostitution or speaking to a prostitute doesn’t necessarily mean a person has solicited or agreed to services. The defense could argue that no clear agreement for exchange of money for services was made.
- Violation of Rights: If the defendant’s rights were violated during the arrest (e.g., no probable cause for arrest, illegal search and seizure), evidence obtained could be suppressed, making the prosecution’s case weaker.
- Affirmative Defenses: Some jurisdictions might allow specific affirmative defenses, such as the defendant being a minor at the time of the alleged act or having been a victim of sexual assault or other crimes leading to the act of prostitution.
- Witness Credibility: The defense might challenge the credibility of witnesses, especially if their testimony is crucial to the prosecution’s case.
While these are general defenses that could be used in prostitution-related cases, the best defense strategy always depends on the specific circumstances of the case and the evidence available. It’s essential to work with an experienced law firm like Tamou Law Group PLLC who can evaluate the situation and recommend the best defense strategy tailored to the individual’s circumstances.
How We Do It
- Conducting a comprehensive review and analysis of your case’s facts
- Contesting the evidence presented by the prosecution
- Identifying weaknesses in the State’s case
- Exploring potential defenses, such as lack of intent, mistaken identity, or consent to enter the property
- Negotiating with the State for reduced charges or alternative sentencing options
Contact Us Today
Facing charges of prostitution in Arizona necessitates prompt action and consultation with a seasoned criminal defense attorney. At Tamou Law Group PLLC, we fully comprehend the gravity of prostitution charges and are dedicated to defending our clients’ rights and liberties with comprehensive legal knowledge and relentless representation. We extend our services to clients throughout Arizona, encompassing areas like Phoenix, Tucson, Mesa, Chandler, Glendale, Scottsdale, Gilbert, Tempe, Peoria, Surprise, and Flagstaff. Reach out to us today at 623-321-4699 to arrange a consultation and gain further insight into how we can assist you in your defense against prostitution charges.
