Prostitution – A.R.S. § 13-3214
Arizona’s Prostitution statute, Arizona Revised Statutes (A.R.S.) § 13-3214, criminalizes engaging in, or agreeing or offering to engage in, sexual conduct under a fee agreement with any other person for money or other valuable consideration.
Sexual conduct is a broad term defined by A.R.S. § 13-3211 that includes sexual contact, sexual intercourse, oral sexual contact, or sadomasochistic abuse.
What Are the Elements
To prove a violation of A.R.S. § 13-3214 for commission of Prostitution, the State must prove beyond a reasonable doubt that a person knowingly engaged in prostitution.
Prostitution, as noted above, is defined by A.R.S. § 13-3211 as engaging in, or agreeing or offering to engage in, sexual conduct under a fee agreement with any other person for money or other valuable consideration.
What Is the Punishment
If you are convicted of Prostitution for a violation of A.R.S. § 13-3214 then you will be guilty of a Class 1 Misdemeanor. Class 1 Misdemeanors carry a maximum punishment of 6 months in jail, fines up to $2,500 plus surcharges, and up to 3 years of probation.
Prostitution, however, has mandatory minimum punishments. For a first offense, the punishment is no less than 15 consecutive days in jail.
A second offense requires no less than 30 consecutive days in jail.
A third offense requires no less than 60 consecutive days in jail and completion of a court ordered education and treatment program.
A person convicted of three or more violations who commits a subsequent violation is guilty of a Class 5 Felony. A Class 5 Felony carries a potential prison term of 6 months to 2.5 years, up to 3 years of probation, and a maximum fine of $150,000 plus surcharges. If you have prior felony convictions, you may be ineligible for probation and the prison range.
Potential City Code Violations
Towns and cities in Arizona may have code violations that prohibit prostitution, apart from A.R.S. § 13-3214. A conviction of any of those, so long as it has the same or similar elements, is considered a previous conviction for sentencing purposes of Prostitution pursuant to A.R.S. § 13-3214.
Possible Defenses to Prostitution
Many Prostitution cases start out as sting operations conducted by law enforcement. It is important to analyze their investigation, as often times they neglect to meet a necessary element, such as an agreement for a fee. The affirmative defense of entrapment may also be a defense, depending on the specific facts of your case.
A good sex crimes attorney will also look to ensure that your Constitutional rights have been respected, including:
- Miranda rights
- Right to counsel
- Fourth Amendment rights
Gurion Legal offers free consultation for all Prostitution cases, whether for a violation A.R.S. § 13-3214 or a city code.
A conviction for Prostitution can affect your life, by depriving you of freedom, by ruining your good name, and by sticking you with a conviction for life. Don’t face those consequences alone. Contact us today for your consultation; the first step is to start working on your defense now.