Arizona's prostitution laws cover a wide range of offenses. The state reserves some of its harshest penalties for prostitution offenses involving children.
No. Prostitution—exchanging sexual conduct for compensation—is not legal in Arizona. State law prohibits a person from selling, buying, profiting from, advancing, or compelling prostitution services.
Arizona defines "prostitution" as engaging in, or agreeing or offering to engage in, sexual conduct under a fee arrangement for money or other compensation. Sexual conduct includes sexual intercourse, oral or anal sex, sadomasochistic abuse, and direct or indirect sexual contact with the genitals, anus, or female breast.
(Ariz. Rev. Stat. § 13-3211 (2024).)
Arizona prohibits the following prostitution offenses:
The harshest penalties apply to offenses involving prostituted children. All prostitution-related offenses where a child is involved fall under Arizona's child sex trafficking laws (described below).
(Ariz. Rev. Stat. §§ 13-3201 to 13-3214 (2024).)
Arizona's prostitution law applies to both prostitutes and patrons. It's a crime even if the parties only agree to the prostitution services. Sexual conduct does not need to occur. A conviction can mean misdemeanor or felony penalties.
Class 1 misdemeanor. A person's first, second, and third prostitution convictions are class 1 misdemeanors. All carry mandatory minimum jail sentences. For a first violation, a defendant must serve at least 15 days in jail. The minimum jail time for a second and third violation are 30 and 60 days, respectively. The maximum sentence is 6 months of jail time.
Class 5 felony. Fourth and subsequent violations carry class 5 felony penalties and a minimum 180-day jail sentence. The maximum sentence is 2 years in prison.
(Ariz. Rev. Stat. §§ 13-3211, 13-3214 (2024).)
Arizona makes it a class 5 felony to knowingly:
A class 5 felony carries 9 to 24 months of prison time.
(Ariz. Rev. Stat. § 13-3209 (2024).)
A third party who makes money off of another's prostitution also commits a felony. It's a crime to:
A person convicted of one of these crimes faces class 5 felony penalties of up to 24 months in prison.
(Ariz. Rev. Stat. §§ 13-3203, 13-3204, 13-3208, 13-3210 (2024).)
In Arizona, the prostitution of minors younger than 18 is considered child sex trafficking. This designation applies to those acting as pimps, panderers, proprietors, and adult patrons. For the most part, these offenses are not eligible for probation.
A defendant convicted of child sex trafficking involving a minor younger than 15 faces class 2 felony penalties. These offenses are considered dangerous crimes against children and carry stiff minimum and maximum penalties. Depending on their criminal record, a defendant could face anywhere from 13 years to life in prison.
Most child sex trafficking offenses involving a minor who's 15, 16, or 17 years old also carry class 2 felony penalties. Those acting as pimps, panderers, and proprietors face at least 13 years in prison. For adult patrons who knew or should have known the child's age, the minimum sentence starts at 7 years. Having prior felonies increases the possible minimum and maximum penalties.
An adult patron who engages in prostitution with a 15, 16, or 17-year-old not knowing their age commits a class 5 felony. Probation that includes a minimum jail sentence may be allowed on a first offense.
(Ariz. Rev. Stat. §§ 13-705, 13-3212 (2024).)
Arizona has stiff penalties for prostitution offenses. All offenses carry minimum sentences of incarceration, even for prostitutes and patrons. If you are charged with any crime related to prostitution, contact a criminal defense attorney in Arizona.
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