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Tucson Prostitution and Solicitation Defense

9/11/2020

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Tucson Criminal Defense Attorney Explains Arizona Prostitution Laws

Tucson Prostitution Defense Lawyer
In recent years, "the world's oldest profession" has changed.  With the internet providing a new way for people to communicate, a lot of prostitution has moved off of the street, and onto dating and classified sites.  In cities like Tucson, there are still prostitutes who stand on street corners hoping to attract customers (commonly called "Johns") and there are businesses like massage parlors that secretly offer sexual services for a fee.  As the way prostitution is advertised and carried out has changed, so have law enforcement's efforts to curtail it.  Police conduct sting operations, posing as prostitutes and "Johns" in an effort to stop prostitution, online and in person.  Additionally, a nationwide effort to curtail human trafficking and sex trafficking has resulted in greater law enforcement efforts to catch pimps and other sex traffickers, rather than just going after street level prostitutes as is the past.  As criminal laws dealing with prostitution evolve, there is less emphasis on punishing suspected prostitutes, but penalties remain harsh.

Avoiding a conviction for these charges is important, not only to avoid a criminal conviction, but also due to the mandatory jail time, and embarrassing nature of the charges.  Having to explain a criminal conviction on a job interview is already difficult; when that conviction is related to sex and prostitution, it can be much more difficult to discuss with a stranger or someone you know.  To discuss your case, possible outcomes, available defenses, and any other questions you may have, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson Criminal Defense Lawyer.  520-585-5757.

ARIZONA PROSTITUTION LAWS
Under Arizona law, it is a Class 1 misdemeanor to engage in prostitution.  For sentencing, prostitution carries minimum jail sentences as follows:
  • at least 15 days for a first offense
  • at least 30 days for a second offense
  • at least 60 days for a third offense
  • a felony, and a minimum sentence of 180 days for a fourth or subsequent offense.
In order to prove a person guilty of engaging in prostitution, the government must prove the following elements:
  • there was an offer of money or something of value
  • the exchange was for engaging in a sexual act, which means there must be intent that the sex act should be performed, AND
  • a substantial act in furtherance of the offer.

TUCSON CITY LAWS REGARDING PROSTITUTION
Tucson has its own laws covering lewdness, and covers a wide range of acts, including prostitution, solicitation of prostitution, and even standing in a public place in a manner that manifests the intent to entice or induce others.  This ordinance, also a misdemeanor, and imposing the same penalties as the state statute (above), is easier for the prosecution to prove.  This means that being charged with prostitution under the city ordinance can be harder to fight than when charged under the Arizona statute.

DEFENSES IN SOLICITATION AND PROSTITUTION CASES
  • Insufficient Evidence
  • Lack of Intent
  • Entrapment
  • Victim of Human Trafficking
  • Mistaken Identity
  • False Accusations

RELATED OFFENSES
  • Transporting Persons for the Purpose of Prostitution, Class 5 felony
  • Pandering, Class 5 felony
  • Receiving Earnings of a Prostitute, Class 5 felony
  • Keeping a House of Prostitution, Class 5 felony
  • Procurement of Persons for Purpose of Prostitution, Class 5 felony
  • Enticement of Persons for Purpose of Prostitution, Class 6 felony
  • Procurement by False Pretenses of Person for Purpose of Prostitution, Class 6 felony
  • Taking a Child for the Purpose of Prostitution, Class 4 felony
  • Causing Spouse to Become a Prostitute, Class 5 felony
  • Detention of Persons in a House of Prostitution for Debt, Class 5 felony
  • Residing in a House of Prostitution, Class 1 misdemeanor
  • Child Sex Trafficking, Class 2 felony (in most cases)
  • Federal Human Trafficking Laws

General Sex Crimes Information
Federal Crimes Information

IF YOU OR A LOVED ONE HAS BEEN CHARGED OR ARRESTED WITH A CRIME RELATING TO PROSTITUTION, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  520-585-5757.


Tucson City Court
Pima County Justice Court
Pima County Superior Court
Arizona Prostitution Statute (ARS 13-3214)
Arizona Prostitution Definitions (ARS 13-3211)
Tucson City Prostitution Ordinance (11-28)
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