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Posted on October 31, 2025 in Sex Crimes & Prostitution
Under Arizona law, prostitution is a Class 1 misdemeanor that carries a maximum punishment of six months in jail with a mandatory minimum sentence of 15 days in jail for a first-time offender, up to $2,500 in fines plus additional surcharges, and up to three years of probation.
The Phoenix prostitution crimes attorneys at AZ Defenders can help you defend yourself if you are charged with prostitution in Arizona. Our Phoenix criminal defense lawyers have the experience necessary to help you get the best possible result from your case.
To find out how we can help you, call us at (480) 456-6400.
Arizona Revised Statutes (ARS) Section 13-3214 is the law that makes prostitution illegal in Arizona (each city in Arizona may also have its own law(s) prohibiting prostitution. See Phoenix Municipal Code 23-52 for example). The definition of what act(s) constitutes prostitution in Arizona is found in ARS 13-3211.
Under this statute, “prostitution” means engaging in, or agreeing or offering to engage in, sexual conduct under a fee arrangement with any other person for money or any other valuable consideration.
To convict you of a prostitution charge, the prosecution must prove beyond a reasonable doubt that:
Prostitution charges can occur in connection with acts that are illegal under other Arizona laws. Examples include:
Anyone except law enforcement operating under color of law, I.e., undercover sting operations can be charged with prostitution. However, there is an affirmative defense to persons charged with prostitution if their engaging in prostitution was a direct result of being a victim of sex trafficking.
Escort services are legal in Arizona as long as no sexual conduct is offered, agreed to, or exchanged and the person performing escort services is duly licensed by the state of Arizona to do so.
Escort services are an exchange of companionship for money. Escort services can include going with you to an event, providing conversation, privately modeling clothes or lingerie, and/or performing a private striptease.
However, if you hire an escort and the real purpose of the “companionship” was to engage in sexual conduct, this is an act of prostitution in Arizona.
Unlike many other kinds of Class 1 misdemeanor offenses in Arizona, a prostitution conviction carries a mandatory minimum jail sentence, even if you have never been in any legal trouble a day in your life.
The minimum sentence must be served with no eligibility for probation or suspension of execution of the sentence, although this restriction applies only to the minimum sentence period, which are as follows:
If you have previously been convicted of Prostitution three times and are charged it is a Class 5 felony. A Class 5 felony is punishable by half a year to 2.5 years in prison, with a presumptive term of 1.5 years, with a mandatory minimum jail sentence of 180 days, and up to 3 years of probation, and a fine of up to $150,000 plus surcharges.
Although registration as a sex offender after a prostitution conviction is not automatically required, some aggravating circumstances, such as if a minor was involved or repeat offenses under ARS § 13-3214 with a finding by the court under ARS § 13-118, might lead to a requirement to register as a sex offender in Arizona.
As mentioned above, Arizona’s anti-prostitution law does not prohibit cities, like Phoenix, from passing their own prostitution laws as long as these laws are at least as strict as the provisions of ARS 13-3214. When it comes to counting prior violations for sentencing purposes, these local city law(s) and/or ordinance(s) conviction(s) count as prior offenses under the ARS statute.
Defenses to a prostitution charge take two main forms: casting reasonable doubt on elements of the prosecution’s case against you, and procedural or “technical” defenses.
Like with any criminal charges, the prosecution must prove each element of a prostitution case against you beyond a reasonable doubt. Thus, if you can create reasonable doubt in the minds of a jury on any element of the charge, you may be able to obtain an acquittal of a prostitution charge.
Here are some of the ways you can seek to create reasonable doubt.
The essence of this defense is that you did not knowingly intend to engage in sexual conduct based on an offer of money or other valuable consideration.
Challenging the sufficiency of the evidence can include questioning the credibility of the prosecution’s witness statements and/or the accuracy of police reports.
If law enforcement personnel, like an undercover police officer, induce you to commit a crime like prostitution that you would not have otherwise engaged in and had no predisposition to do so, this may be grounds for an entrapment defense. Entrapment is an affirmative defense in Arizona and is found in ARS 13-206 which sets forth as follows:
A. It is an affirmative defense to a criminal charge that the person was entrapped. To claim entrapment, the person must admit by the person’s testimony or other evidence the substantial elements of the offense charged.
B. A person who asserts an entrapment defense has the burden of proving the following by clear and convincing evidence:
1. The idea of committing the offense started with law enforcement officers or their agents rather than with the person.
2. The law enforcement officers or their agents urged and induced the person to commit the offense.
3. The person was not predisposed to commit the type of offense charged before the law enforcement officers or their agents urged and induced the person to commit the offense.
C. A person does not establish entrapment if the person was predisposed to commit the offense and the law enforcement officers or their agents merely provided the person with an opportunity to commit the offense. It is not entrapment for law enforcement officers or their agents merely to use a ruse or to conceal their identity. The conduct of law enforcement officers and their agents may be considered in determining if a person has proven entrapment.
Arizona law also provides an affirmative defense for individuals who committed acts of prostitution as a direct result of being victims of sex trafficking. This defense requires presenting evidence that the defendant’s actions were coerced and that they were under the control of a trafficker at the time of the offense.
Police and prosecutors must follow proper procedures in obtaining and handling evidence gathered against you. If they fail to observe these procedural requirements, you may be able to challenge the admissibility of their evidence, or its strength, or both.
For example, if the police do not inform you of your constitutional rights prior to being subjected to questioning while in police custody for a prostitution charge, or if they violate these rights, this can lead to the evidence being precluded from being used against you in court and even in some cases dismissal of the charges.
And/or, if the police report contains errors or false statements, this can be used to impeach the truthfulness and veracity of the author’s in court testimony and cast reasonable doubt as to the state’s allegations.
Additionally, if law enforcement fails to properly maintain the chain of custody of evidence in its possession, this failure can lead to the evidence being inadmissible in court or cast doubt as to the reliability of such evidence.
Conviction for a prostitution offense can result in more than potential embarrassment. You face mandatory jail time, stiff fines, probation, and more. A prostitution conviction will remain on your record long after you complete any jail term.
You don’t need to face a prostitution charge alone. The Phoenix prostitution attorneys at the AZ Defenders law firm have helped thousands of clients throughout Arizona obtain the best possible result in their cases. Call us today at (480) 456-6400 or contact us for a free consultation and case evaluation of your legal options.