Arizona Prostitution Charges
Being charged with prostitution in Arizona is a serious matter that can dramatically affect your future freedoms. Arizona law treats prostitution-related offenses seriously, even for first-time offenders, and the penalties only increase with repeat convictions from there.
If you’re dealing with prostitution charges in Arizona, speaking with an experienced criminal defense attorney as soon as possible is in your best interest. In the meantime, here’s a closer look at how Arizona handles these cases.
How Does Arizona Law Define Prostitution?
Per Arizona Revised Statutes Section 13-3211, prostitution is defined as “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.”
The law applies to both the person offering the services and the person paying for them. You don’t actually have to complete the act to be charged; simply agreeing to the exchange is enough for an arrest.
Solicitation is treated as a separate but closely related offense. If you offer to pay someone for sexual conduct or attempt to arrange such an exchange, you can be charged with solicitation of prostitution under the same set of statutes.
What Are the Penalties for a Prostitution Conviction?
The penalties for prostitution in Arizona depend largely on how many prior convictions you have.
The state takes a progressive approach to sentencing, meaning the consequences get steeper each time:
- First offense: Classified as a Class 1 misdemeanor, which carries up to six months in jail and fines up to $2,500
- Second offense: Also a Class 1 misdemeanor, but the court is required to impose a minimum of 30 days in jail
- Third offense: Also a Class 1 misdemeanor, but the court is required to impose a minimum of 60 days in jail
- Subsequent offenses: Elevated to a Class 5 felony, punishable by up to two and a half years in prison
A conviction can also lead to severe collateral consequences, including it being much more difficult to obtain housing and employment.
Possible Defenses to Prostitution Charges
A wide range of defenses could serve as valid responses to prostitution charges in Arizona.
Some of the more common include:
- Lack of evidence: The prosecution must prove beyond a reasonable doubt that you agreed to exchange sexual conduct for consideration. If the evidence against you doesn’t meet this burden of proof, the charges may not hold up.
- Entrapment: If law enforcement induced you to commit an offense you wouldn’t have otherwise committed, an entrapment defense may be viable. This comes up frequently in sting operations.
- Mistaken identity: In cases involving online communications, it’s possible that the wrong person was arrested.
- Constitutional violations: If your rights were violated during the arrest, such as through a failure to read your Miranda rights, some or all of the evidence against you may be suppressed.
An experienced criminal defense attorney can evaluate the specifics of your case and determine which strategy gives you the best chance of a favorable outcome from there. It’s possible that your charges could be dropped altogether with the right response, though note that the outcome cannot be guaranteed in these cases.
Contact a Tucson Sex Crimes Lawyer at Katsarelis Law Criminal Defense Attorneys for Legal Help with a Prostitution Charge
The stakes are high if you’ve been arrested for prostitution in Arizona, but it’s important to remember that you’re innocent until proven guilty.
You can learn about your legal rights and options in terms of fighting back against the charges you’re facing. The sooner you reach out for help, the better.
For more information, contact the sex crimes attorneys in Tucson at Katsarelis Law Criminal Defense Attorneys for a free consultation.
Katsarelis Law Criminal Defense Attorneys
177 N Church Ave # 900, Tucson, AZ 85701
(520) 510-0439