Prostitution involves exchanging sexual services, including but not limited to intercourse or oral sex, for either a fee or something of value between two parties. Although this usually means money, an act of prostitution can also involve the exchange of sexual acts for drugs, housing, and even transportation. No matter what item of value is exchanged, Arizona Revised Statute A.R.S. 13-3214 states without exception that prostitution is illegal.
- A.R.S 13-3211 specifically defines prostitution as anyone engaging in, agreeing to, or offering sexual services for a fee arrangement
If you are arrested for constituting an act of prostitution in Phoenix, you can be facing a very embarrassing and emotionally damaging experience. You will also be facing mandatory jail or prison time, and potentially hefty fines to boot. Therefore, if you find yourself charged with constituting the act of prostitution in Phoenix, you should immediately seek out a competent, aggressive defense attorney to fight for your rights.
What Does a Prosecutor Need to Prove?
In order to be found guilty of constituting an act of prostitution, a prosecutor needs to prove intent. Specifically, A.R.S. 13-3214 states that constituting an act of prostitution includes:
- Stopping or attempting to stop passers-by, engaging them in conversation, or stopping, or attempting to stop motor vehicle operators by hailing, waving your arms or any other bodily gesture
If a prosecutor can prove that you did this, and/or that any discussion was had that indicated the amount necessary for you to perform a sex act, as well as whether or not the solicitor was an undercover police officer, then you may be found guilty of constituting an act of prostitution.
What are the Penalties for Constituting an act of Prostitution?
If you are a first time offender, and are found guilty of constituting an act of prostitution in Phoenix, you will receive a class 1 misdemeanor, punishable by:
- A mandatory minimum sentence of 15 days in jail and up to 6 months in jail, fines of up to $2500 and an additional surcharge, as well as up to three years probation and the possibility of counseling or diversion program participation
If you have a prior conviction for constituting an act of prostitution, you can face:
- A mandatory minimum sentence of 30 days in jail, with the possibility of up to 6 months in jail and fines of up to $2500, plus a surcharge tacked on additionally to your initial fines. You also can face additional probation or diversion requirements.
If you have two prior convictions for constituting an act of prostitution, you can face:
- A mandatory minimum sentence of 60 days in jail, with the possibility of up to 6 months in jail and fines of up to $2500, plus a surcharge tacked on additionally to your initial fines. You also can face additional probation or diversion requirements.
If you have three prior convictions:
- You will face a mandatory minimum sentence of 6 months in jail, fines of up to $2500, plus a surcharge tacked on additionally to your initial fines. You also can face additional probation or diversion requirements.
Upon a fourth conviction for constituting an act of prostitution:
- You will face a class 5 felony, including a sentence of between 6 months and 2.5 years in prison, and fines of up to $150,000 plus surcharges, in addition to probation and other disciplinary measures.
Prostitution Defense
There are several possible defenses for a case involving constituting an act of prostitution, including:
- Whether the police entrapped you (by acting as “Johns”)
- Whether a search warrant was present
- Whether the evidence was legally obtained
- Whether the police acted constitutionally
An experienced, aggressive defense attorney will scour the evidence, and will help build a defense against the charges if any improprieties on the part of law enforcement may be present.
Trust Phoenix Criminal Attorney With Your Prostitution Defense in Phoenix
If you find yourself charged with constituting an act of prostitution in Phoenix, it is essential to consult a defense attorney with proven experience defending solicitation cases of all types. We are not here to judge you, and we will not stop fighting for your rights, by making sure that every possible legal option and defense strategy is available to you. If you are facing a prostitution charge in Phoenix, contact us today for a private, no obligation consultation at 602-551-8092.
