Phoenix Prostitution Defense Attorneys

Arrested for a Prostitution-Related Offense? Contact MayesTelles!

Arizona is tough on prostitution. A first offense can -- and likely will -- land you in jail. Your best chance at an optimal outcome is getting the legal guidance of an experienced sex crime attorney in Phoenix. Avoiding conviction becomes especially important for those who have a previous prostitution offense because the penalties get tougher for a second or subsequent conviction.

At MayesTelles PLLC, we aggressively represent prostitution defendants, including:

• Alleged customers of prostitutes
• Alleged sexual traffickers
• Those alleged to have prostituted a child
• Any alleged member of a prostitution ring

If you have been arrested or charged with any type of prostitution crime in Arizona, call our Phoenix prostitution defense lawyers directly at (602) 428-7104 or e-mail us to discuss your case or legal issue.

Prostitution offenses can include any of the following acts:

• Engaging in or agreeing or offering to engage in sexual conduct for a fee
• Enticing of persons for purposes of prostitution
• Procuring or pimping
• Transporting for the purpose of prostitution
• Pandering
• Soliciting another for prostitution

What is Prostitution?

In Arizona, prostitution is defined under Arizona Revised Statute § 13-3211 as engaging in or agreeing to engage in sexual conduct with another person for a fee or other form of compensation. The law includes the act of offering or consenting to this exchange as well. Unlike solicitation, which may involve merely requesting or attempting to engage in such an act, a prostitution charge generally implies that a clear agreement or act of exchanging sexual favors for money has taken place.

Potential Punishment for Prostitution

A prostitution or solicitation charge carries with it mandatory jail terms:

• First prostitution offense: 15 days in jail
• Second prostitution offense: 30 days in jail
• Third prostitution offense: 60 days in jail
• Fourth prostitution offense: 180 days in jail
• Enticement is a class 6 felony and is punishable by up to 2 years in prison, for a first offense. Procuring, transporting and pandering are class 5 felonies punishable by up to 2.5 years in prison, for a first offense.

Child Prostitution

There are three categories of child prostitution:

• Engaging in prostitution with a minor who is under fifteen years of age
• Engaging in prostitution with a minor who the person knows is fifteen, sixteen, or seventeen years of age
• Engaging in prostitution with a minor who is fifteen, sixteen, or seventeen years of age

Penalties for Child Prostitution

The above distinctions are important because the penalties for category 1 and 2 above are substantially harsher than category 3 above. Engaging in prostitution with someone who is actually fifteen, sixteen, or seventeen years of age when you believed them to be of age is a class 6 felony punishable by up to 2 years in prison, for a first offense. The punishment for category 1 and 2 above is between 7 and 21 years in prison for a first offense.

Can I Face a Prostitution Charge Even If No Sexual Activity Actually Took Place?

Yes, under Arizona law, an individual can still be charged with prostitution even if no physical act took place, as long as there was an agreement or offer to exchange sexual services for compensation. The law considers the intent and the agreement to engage in prostitution enough to charge someone, meaning that the prosecution could use recorded communication, witness accounts, or surveillance evidence to establish intent, even if the act itself was not completed.

Can Prostitution Charges Be Expunged or Removed from a Criminal Record in Arizona?

In Arizona, complete expungement of criminal records is not possible, but individuals convicted of prostitution may apply to have their records "set aside" once they have completed their sentence. A set-aside does not erase the conviction but indicates that the person has met all sentencing requirements. This may help reduce the impact of the charge on employment and housing applications, though some restrictions may still apply, especially if the offense was charged as a felony.

Are There Any Diversion Programs Available for Individuals Facing Prostitution Charges?

Some Arizona counties offer diversion programs for individuals charged with first-time prostitution offenses, often designed to address underlying issues such as substance abuse, financial instability, or coercion. These programs may involve counseling, education, and community service requirements, and successfully completing a diversion program can result in the charges being dismissed. However, eligibility varies by county, and diversion is generally not available for repeat offenders or those with felony-level charges.

Possible Defenses to Prostitution Charges

In some instances, prostitution charges are brought after contact is made with an undercover detective. When this happens, you may be able to use "entrapment" as an affirmative defense. This defense requires proof of:

• The person was urged and induced to solicit an act of prostitution or solicitation by the police;
• The idea of solicitation or prostitution started with the police and not the defendant; and
• The defendant was not predisposed to commit the act prior to police urging

If your particular case does not meet the entrapment requirements, there may be other ways to fight your charges. The attorneys at MayesTelles PLLC will thoroughly evaluate your case and determine if there were constitutional or procedural errors that require a dismissal or reduction of charges.

For more information, call (602) 428-7104 to speak with an experienced attorney at MayesTelles PLLC.