Although there is no statewide ordinance dealing specifically with people who solicit prostitution in Phoenix, Arizona Revised Statute A.R.S 13-3211 defines prostitution as anyone engaging in, agreeing to, or offering sexual services for a fee arrangement. Being arrested for soliciting prostitution in Phoenix can be a very embarrassing and emotionally stressful experience for you and your family.
It can also be a very costly one, because Arizona law states that anyone found guilty of solicitation of prostitution will be sentenced to mandatory jail or prison time, as well as potentially hefty fines. Therefore, if you find yourself charged with solicitation of prostitution in Phoenix, you should immediately seek out a competent, aggressive defense attorney to fight for your rights.
What Does the Prosecution Have to Prove?
In order for you to be found guilty of solicitation of prostitution in Phoenix, a prosecutor must prove that you actually intended to solicit a prostitute, and were not just being inappropriately obnoxious. Some attorneys unofficially refer this to as the “just kidding” defense.
For example, let’s say you are out with friends after an evening of drinking, and you decide to shout out the car window to a passerby on the street, “Hey, how much for sex?” Although your words can potentially cause you personal or legal trouble in other ways, it does not necessarily mean you are guilty of solicitation of prostitution.
Other factors may need to be satisfied to find you guilty, like:
- Proving that you inquired as to whether or not the prostitute was an undercover police officer
- Whether the prostitute was of the age for sexual consent
- Whether you touched, or attempted to touch the prostitute’s breast, vagina or any other part of her body in a sexually suggestive manner
- Repeatedly beckoning to, stop, or attempting to stop or engage a passerby in conversation about topics of a solicitation nature
If a prosecutor can satisfy one or more of these factors in a judge and jury’s eyes, then you may face a guilty verdict for soliciting a prostitute.
Penalties for Solicitation of Prostitution
If you are a first time offender convicted of solicitation of prostitution, you will be guilty of a class 1 misdemeanor offense. This results in:
- A mandatory minimum sentence of 15 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 can also be sentenced to up to three years’ probation, and ordered to attend diversion classes or counseling.
If you have one prior conviction for solicitation of prostitution:
- You will serve 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 or more prior convictions for solicitation of prostitution:
- You will serve 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 convictions for solicitation of prostitution:
- You can face a class 5 felony, which is punishable by up to 6 months in prison and $150,000 in fines plus surcharges. You also can face additional probation or diversion requirements.
On your fourth conviction for solicitation of prostitution, you can face at least a class 5 felony, sentenced to prison and fines, and you will also be ordered to register as a sex offender.
Trust Phoenix Criminal Attorney With Your Solicitation of Prostitution Defense
If you find yourself charged with solicitation of prostitution in Phoenix, it is essential to consult a defense attorney with proven experience defending solicitation cases of all types. 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 solicitation of prostitution charge in Phoenix, contact us today for a private, no obligation consultation at 602-551-8092.
