Posted on September 15, 2023 in Criminal Defense,Sex Crimes
If you are facing criminal charges for prostitution or sex solicitation in Arizona, protect yourself by hiring an experienced Phoenix prostitution defense lawyer soon as possible. While prostitution is not classified as a sex crime in Arizona, you could still face serious potential penalties if convicted. A criminal defense attorney can build the strongest possible defense on your behalf.
Arizona Revised Statute (ARS) Section 13-3214 states that prostitution is a class 1 misdemeanor crime. ARS 13-3211 defines prostitution as “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.” If your lawyer can show that you did not intend to commit an act of prostitution, your actions may not meet the definition of this crime.
The law against prostitution in Arizona specifically states that it is an affirmative defense to argue that the defendant committed acts meeting the definition of prostitution as a direct result of being a victim of sex trafficking. Sex trafficking is defined in ARS 13-1307 as to knowingly traffic another person with intent to cause the victim to engage in prostitution or sexually explicit performance by deception, force or coercion.
Entrapment refers to the act of deceiving or tricking someone into committing a crime for the purpose of securing his or her prosecution. Raising the entrapment defense during a prostitution case could be an option if the police performed an undercover sting operation, where an officer posed as someone wishing to solicit prostitution. The entrapment defense will only stand if the accused individual can show that he or she would not have committed the crime were it not for the entrapment.
If your lawyer can show that the police violated your constitutional rights during your arrest or interrogation, evidence collected against you after the violation occurred may be ruled inadmissible, meaning it cannot be used against you in court. Rights violations include unlawful search and seizure, an arrest without probable cause, fabrication of evidence, and police misconduct.
You may have been falsely accused of prostitution by someone who mistook you for a prostitute or someone seeking revenge against you. Regardless of the reason, if your lawyer can prove that the accusation is false and there is not enough evidence to pursue a criminal case against you, the case will be dismissed by a judge.
Solicitation of prostitution is an offense in Arizona that means to request another person to perform a sexual act in exchange for a fee or something of value. If you are facing criminal charges for solicitation of sex in Arizona, your defense options may include lack of intent to solicit a sexual act, no offer or intent to offer anything of value to the person, the joking defense, and entrapment.
In Arizona, every city has the right to enforce its own statutes and laws regarding prostitution. Your legal options as a defendant may vary based on the city that has jurisdiction over your case. These cases can be confusing and nuanced. Hire an experienced and knowledgeable prostitution defense attorney in Arizona as soon as possible if you are accused of prostitution or solicitation of sex to protect your rights. Call (480) 908-9321 for a free, confidential consultation at AZ Defenders for more information.