What Is the Difference Between Escorting and Prostitution?
Escorting and prostitution are often confused, but they are not the same thing under Arizona law. The key difference lies in what services are being offered and whether sexual activity is exchanged for money.
While escorting can be legal when it involves only companionship and entertainment, prostitution is a criminal offense under state law. However, these lines can blur easily. As a result, it’s important to understand how the law defines each term and when escorting can cross into illegal territory.
Arizona’s Definition of Prostitution
Under Arizona Revised Statutes § 13-3211, prostitution occurs when someone engages in, or offers to engage in, sexual conduct for money or another form of value. “Sexual conduct” is defined broadly and includes virtually any sexual activity done in exchange for payment.
In other words, the transaction itself, not whether the act was completed, is what matters most. Merely agreeing to a sexual act for compensation can be enough for a charge in some cases as well.
Prostitution is generally a class 1 misdemeanor, which carries the possibility of jail time on top of fines and other penalties. However, repeat offenses can be charged as felonies, leading to harsher penalties and potentially a permanent criminal record.
Arizona’s Definition of Escorting
An escort is legally defined as someone who provides companionship and/or social interaction for a fee. Escorts may accompany clients to things like dinners and social functions, and they also may work independently or sometimes through an agency.
Escorting becomes illegal when sexual activity (or the offer of it) is part of the arrangement. In that case, the defendant involved could face the same charges as prostitution.
To prevent illegal activity, Arizona regulates the escort industry through ARS § 13-1422 and other laws. Failing to comply with the applicable licensing requirements can result in criminal charges.
How Law Enforcement Investigates Escorting and Prostitution
Arizona law enforcement uses a variety of methods to monitor escort activity, including online advertisements. Officers may pose as potential clients, for instance, to determine whether a person is offering sex for money.
As mentioned above, a person can still be charged in some cases even if no sexual act takes place, as long as there’s an offer or agreement that involves payment for sexual conduct. These stings are common in large cities and during major events, such as the Super Bowl and major conventions.
With this framework in mind, people who work as escorts must take extra precautions to ensure their services stay within legal limits and avoid any implication of prostitution.
Penalties and Collateral Consequences
Since it’s considered a sex crime, a first-time prostitution-related charge can have serious consequences. A conviction can lead to:
- Up to 6 months in jail and a $2,500 fine for a misdemeanor offense
- Mandatory HIV testing under state law
- Possible sex offender registration requirements
- Damage to employment, reputation, and professional opportunities
For repeat offenders, felony charges can result in prison time and long-term consequences that follow a person for life.
Legal Defenses for Prostitution-Related Charges
If you’re accused of prostitution or running an illegal escort service, several defenses may be available depending on the facts of your case. A criminal defense lawyer might argue that:
- No sexual activity or agreement for sex took place
- The evidence was obtained through entrapment by law enforcement
- You were misidentified or not involved in the alleged exchange
- The prosecution lacks sufficient proof of criminal intent to engage in prostitution
A qualified attorney will be able to thoroughly evaluate the available evidence to determine your best path forward.
Contact an Arizona Criminal Defense Lawyer for a Free Consultation
Understanding the difference between escorting and prostitution under Arizona law can be complex, due in large part to the fact that what begins as a lawful business arrangement can easily be misinterpreted as a crime.
If you’ve been accused of prostitution or a related offense, do not treat the charges lightly. Contact Katsarelis Law Criminal Defense Attorneys to schedule a free initial consultation with a Tucson sex crimes lawyer.
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