Arizona PROSTITUTION LAWS

Arizona Prostitution Laws | Definitions – ARS 13-3211

In this chapter, unless the context otherwise requires:

1. “Employee” means a person who conducts lawful or unlawful business for another person under a master-servant relationship or as an independent contractor and who is compensated by wages, commissions, tips, or other valuable considerations.

2. “House of prostitution” means any building, structure, or place that is used for the purpose of prostitution or lewdness or where acts of prostitution occur.

3. “Operate and maintain” means to organize, design, perpetuate or control.  Operate and maintain includes providing financial support by paying utilities, rent, maintenance costs, or advertising costs, supervising activities or work schedules, and directing or furthering the aims of the enterprise.

4. “Oral sexual contact” means oral contact with the penis, vulva, or anus.

5. “Prostitution” means 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.

6. “Prostitution enterprise” means any corporation, partnership, association, or other legal entity or any group of individuals associated in fact although not a legal entity engaged in providing prostitution services.

7. “Sadomasochistic abuse” means flagellation or torture by or on a person who is nude or clad in undergarments or in a revealing or bizarre costume or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed.

8. “Sexual conduct” means sexual contact, sexual intercourse, oral sexual contact, or sadomasochistic abuse.

9. “Sexual contact” means any direct or indirect fondling or manipulating of any part of the genitals, anus, or female breast.

10. “Sexual intercourse” means penetration into the penis, vulva, or anus by any part of the body or by any object.

Airzona Prostitution Laws | Prostitution; classification – ARS-13-3214

A. It is unlawful for a person to knowingly engage in prostitution.

B. This section does not prohibit cities or towns from enacting and enforcing ordinances to suppress and prohibit prostitution that provides a punishment for misdemeanor violations that is at least as stringent as provided in this section.

C. For the purposes of sentencing under this section, a previous violation of any city or town ordinance that prohibits prostitution and that has the same or substantially similar elements as this section shall be deemed to be a previous violation of this section.

D. It is an affirmative defense to a prosecution under this section that the defendant committed the acts constituting prostitution as a direct result of being a victim of sex trafficking.

E. A person who violates this section is guilty of a class 1 misdemeanor, except that:

1. A person who is convicted of a first violation of this section shall be sentenced to serve not less than fifteen consecutive days in jail and is not eligible for probation or suspension of execution of the sentence until the entire sentence is served.

2. A person who is convicted of a second violation of this section shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of the sentence until the entire sentence is served.

3. A person who is convicted of a third violation of this section shall be sentenced to serve not less than sixty consecutive days in jail, is not eligible for probation or suspension of execution of the sentence until the entire sentence is served, and shall complete an appropriate court-ordered education or treatment program.

4. A person who has previously been convicted of three or more violations of this section and who commits a subsequent violation of this section is guilty of a class 5 felony, shall be sentenced to serve not less than one hundred eighty consecutive days in jail and is not eligible for probation or suspension of execution of the sentence until the entire sentence is served.  This paragraph does not prohibit a person from being sentenced to serve a period of incarceration in the state department of corrections.

Arizona Prostitution Laws | Enticement of persons for purpose of prostitution; classification – ARS-13-3201

A person who knowingly entices any other person into a house of prostitution, or elsewhere, for the purpose of prostitution with another person, is guilty of a class 6 felony.

Arizona Prostitution Laws | Procurement by false pretenses of person for purpose of prostitution; classification – ARS-13-3202

A person who knowingly, by any false pretenses, false representations or other fraudulent means, procures any other person to have illicit carnal relation with another person, is guilty of a class 6 felony.

Arizona Prostitution Laws | Procuring or placing persons in a house of prostitution; classification – ARS-13-3203

A person who knowingly receives money or another valuable thing, for, or on account of, procuring or placing in a house of prostitution, or elsewhere, any person for the purpose of prostitution is guilty of a class 5 felony.

Arizona Prostitution Laws | Receiving earnings of prostitute; classification – ARS-13-3204

A person who knowingly receives money or another valuable thing from the earnings of a person engaged in prostitution is guilty of a class 5 felony.

Arizona Prostitution Laws | Causing spouse to become prostitute; classification – ARS-13-3205

A person who knowingly by force, fraud, intimidation, or threats causes his or her spouse to live in a house of prostitution or to lead a life of prostitution is guilty of a class 5 felony and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.

Arizona Prostitution Laws | Taking a child for purpose of prostitution; classification – ARS-13-3206

A person who takes away any minor from the minor’s father, mother, guardian, or other person having the legal custody of the minor, for the purpose of prostitution, is guilty of a class 4 felony.  If the minor is under fifteen years of age, taking a child for the purpose of prostitution is a class 2 felony and is punishable pursuant to section ARS-13-705.

Arizona Prostitution Laws | Detention of persons in a house of prostitution for debt; classification – ARS-13-3207

A person who knowingly detains any person in a house of prostitution because of a debt that person has contracted or is said to have contracted is guilty of a class 5 felony and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section ARS-31-233, subsection A or B until the sentence imposed by the court has been served or commuted.

Arizona Prostitution Laws | Keeping or residing in a house of prostitution; employment in prostitution; classification – ARS-13-3208

A. A person who knowingly is an employee at a house of prostitution or prostitution enterprise is guilty of a class 1 misdemeanor.

B. A person who knowingly operates or maintains a house of prostitution or prostitution enterprise is guilty of a class 5 felony.

Arizona Prostitution Laws | Pandering; methods; classification – ARS-13-3209

A person is guilty of a class 5 felony who knowingly:

1. Places any person in the charge or custody of any other person for purposes of prostitution.

2. Places any person in a house of prostitution with the intent that such person becomes a prostitute or engages in an act of prostitution.

3. Compels, induces, or encourages any person to reside with that person, or with any other person, for the purpose of prostitution.

4. Compels, induces, or encourages any person to become a prostitute or engage in an act of prostitution.

Arizona Prostitution Laws | Transporting persons for purpose of prostitution or other immoral purposes; classification; venue – ARS-13-3210

A person knowingly transporting by any means of conveyance, through or across this state, any other person for the purposes of prostitution or concubinage, or for any other immoral purposes, is guilty of a class 5 felony. The prosecution of such a person may be in any county in which such a person is apprehended.

Arizona Prostitution Laws | Child sex trafficking; classification; increased punishment; definition – ARS-13-3212

A. A person commits child sex trafficking by knowingly:

1. Causing any minor to engage in prostitution.

2. Using any minor for the purposes of prostitution.

3. Permitting a minor who is under the person’s custody or control to engage in prostitution.

4. Receiving any benefit for or on account of procuring or placing a minor in any place or in the charge or custody of any person for the purpose of prostitution.

5. Receiving any benefit pursuant to an agreement to participate in the proceeds of prostitution of a minor.

6. Financing, managing, supervising, controlling, or owning, either alone or in association with others, prostitution activity involving a minor.

7. Transporting or financing the transportation of any minor with the intent that the minor engage in prostitution.

8. Providing a means by which a minor engages in prostitution.

9. Enticing, recruiting, harboring, providing, transporting, making available to another, or otherwise obtaining a minor with the intent to cause the minor to engage in prostitution or any sexually explicit performance.

10. Enticing, recruiting, harboring, providing, transporting, making available to another, or otherwise obtaining a minor with the knowledge that the minor will engage in prostitution or any sexually explicit performance.

B. A person who is at least eighteen years of age commits child sex trafficking by knowingly:

1. Engaging in prostitution with a minor who is under fifteen years of age.

2. Engaging in prostitution with a minor who the person knows or should have known is fifteen, sixteen, or seventeen years of age.

3. Engaging in prostitution with a minor who is fifteen, sixteen, or seventeen years of age.

C. It is not a defense to a prosecution under subsection A and subsection B, paragraphs 1 and 2 of this section that the other person is a peace officer posing as a minor or a person assisting a peace officer posing as a minor.

D. Notwithstanding any other law, a sentence imposed on a person for a violation of this section shall be consecutive to any other sentence imposed on the person at any time.

E. Child sex trafficking pursuant to subsection A of this section is a class 2 felony if the minor is under fifteen years of age and is punishable pursuant to section ARS-13-705.

F. Child sex trafficking pursuant to subsection B, paragraph 1 of this section is a class 2 felony and is punishable pursuant to section ARS-13-705.

G. Except as provided in subsection H of this section, if the minor is fifteen, sixteen, or seventeen years of age, child sex trafficking pursuant to subsection A of this section is a class 2 felony, the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section ARS-31-233, subsection A or B until the sentence imposed by the court has been served or commuted.  The presumptive term may be aggravated or mitigated within the range under this section pursuant to section ARS-13-701, subsections C, D, and E. The terms are as follows:

1. The term for a first offense is as follows:

Minimum 13 Years   

Presumptive 20 Years

Maximum 27 Years

2. The term for a defendant who has one historical prior felony conviction is as follows:

Minimum 25 Years

Presumptive 35 Years

Maximum 45 Years

3. The term for a defendant who has two or more historical prior felony convictions is as follows:

Minimum 30 Years    

Presumptive 40 Years

Maximum 50 Years

H. If the person has previously been convicted of child sex trafficking involving a minor who is fifteen, sixteen, or seventeen years of age, child sex trafficking pursuant to subsection A of this section is a class 2 felony, the person convicted shall be sentenced pursuant to this section and the person shall be sentenced to imprisonment in the custody of the state department of corrections for natural life.  A person who is sentenced to natural life is not eligible for commutation, parole, work furlough, work release, or release from confinement on any basis for the remainder of the person’s natural life.

I. If the minor is fifteen, sixteen, or seventeen years of age, child sex trafficking pursuant to subsection B, paragraph 2 of this section is a class 2 felony, the person convicted shall be sentenced pursuant to this section and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section ARS-31-233, subsection A or B until the sentence imposed by the court has been served or commuted.  The presumptive term may be aggravated or mitigated within the range under this section pursuant to section ARS-13-701, subsections C, D, and E.  The terms are as follows:

1. The term for a first offense is as follows:

Minimum     Presumptive Maximum

7 years     10.5 years  21 years

2. The term for a defendant who has one historical prior felony conviction is as follows:

Minimum     Presumptive Maximum

14 years    15.75 years 28 years

3. The term for a defendant who has two or more historical prior felony convictions is as follows:

Minimum     Presumptive Maximum

21 years    28 years    35 years

J. Except, as provided in subsection K of this section, child sex trafficking pursuant to subsection B, paragraph 3 of this section, is a class 5 felony.  If the court sentences the person to a term of probation, the court shall order that as an initial term of probation the person be imprisoned in the county jail for not less than one hundred eighty consecutive days. This jail term shall commence on the date of sentencing. The court may suspend ninety days of the jail sentence if the person has not previously been convicted of a violation of this section, a violation of section ARS-13-3214, or a violation of any city or town ordinance that prohibits prostitution and that has the same or substantially similar elements as section ARS-13-3214 and the person successfully completes an appropriate court-ordered education or treatment program.

K. If the person has previously been convicted of child sex trafficking or attempted child sex trafficking pursuant to this section, child sex trafficking pursuant to subsection B, paragraph 3 of this section is a class 2 felony and the person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as specifically authorized by section ARS-31-233, subsection A or B until the sentence imposed has been served or commuted.

L. This section does not preclude the state from alleging and proving any other sentencing enhancements as provided by law.

M. For the purposes of this section, “sexually explicit performance” means a live or public act or show intended to arouse or satisfy sexual desires or appeal to the prurient interest of patrons.

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