Laws About Soliciting a Prostitute in Arizona

Executive Summary

• Solicitation is the offering of money to prompt someone to commit a crime like prostitution, the exchange of sexual acts for a fee. Soliciting prostitution can result in prostitution charges, regardless of if the sexual acts occurred.
• Knowingly participating in or offering prostitution is illegal in Arizona, and it can result in a class 1 misdemeanor or a class 5 felony if the person has repeatedly been convicted of this violation—each conviction may have fines.
• Before declaring someone guilty of soliciting prostitution, the prosecutor must prove money or something of value was offered, the offer aimed to induce a sexual act, and there was a substantial action supporting the offer.
• Some common defenses used in cases involving the solicitation of prostitution are lack of evidence, mistake of fact, lack of agreement or intent, and false accusations. A qualified lawyer can help you craft a robust and honest defense.

Understanding Arizona Prostitution and Solicitation Laws

Prostitution is not legal in Phoenix, Arizona, or any other portion of the state. In addition to criminalizing the physical act of exchanging sexual services for a monetary fee, Arizona prostitution laws also forbid the solicitation of prostitution. Therefore, offering to pay money for sexual acts is punishable by law, regardless of if the intended acts occur.

Since prostitution is legal in other parts of the southwestern United States, including ten counties in Nevada, some people wrongly believe that prostitution is legal in Arizona, too, which can lead to serious legal consequences. Understanding soliciting laws in Arizona is vital to avoid being charged with a class 1 misdemeanor or a felony for repeated offenses.

If you have been involved in the solicitation of prostitution, consult a trustworthy criminal defense lawyer to get help navigating the corresponding legal process. With guidance and advocacy from an experienced lawyer, you can increase your chances of achieving the best outcome possible.

What Is Solicitation?

In general, solicitation is defined as the act of requesting to obtain something from someone else. However, in criminal law, solicitation is the inchoate offense of offering money to persuade the other party to commit a crime. Some examples of illegal solicitation include:

• An individual using money to persuade another person to share their prescription medication.
• A person scheduling a wire transfer to hire a hitman to commit murder.
• Someone offering money to encourage another person to shoplift an item for them.

Contrary to popular belief, the intended crime does not have to occur for an individual to face legal consequences—the act of solicitation itself can be punishable by law. For example, asking to exchange money for sex is a form of solicitation that can lead to prostitution, which is the actual act of engaging in sexual services for payment; a solicitor can still be charged with prostitution even if sexual acts did not occur.

Arizona Prostitution Laws

ARS 13-3214 declares that it is unlawful for someone in Arizona to knowingly participate in prostitution unless they were a victim of sex trafficking during that time.

While there are no state-wide laws that are specific about soliciting a prostitute, ARS 13-3211 defines prostitution as engaging in, agreeing, or offering sexual services for a fee arrangement, meaning anyone that solicits a prostitute can be criminally charged with prostitution even if the intended sexual acts do not happen.

Varying Legislation Across Cities

ARS 13-3214 allows cities or towns throughout Arizona to pass and implement their own prostitution-related legislation that further suppresses the crime, as long as those ordinances impose punishments for misdemeanor violations that are at least as severe as their state-wide counterparts.

Nevertheless, most major cities follow suit by matching the state-wide punishments. For example, Article 4, 23-52 of Phoenix’s municipal code deems solicitation of a prostitute illegal and imposes the same penalties described in the Arizona Revised Statutes.

What the Prosecution Must Prove

ARS 13-115 states that in a criminal case, a defendant is presumed innocent until the opposite is demonstrated. If there is reasonable doubt about whether the defendant is guilty, they are entitled to be acquitted.

Therefore, the state must prove certain things before declaring someone guilty of engaging in prostitution. Some examples of things the prosecution must prove are:

• That money or something valuable was being offered.
• That the trade was intended to incite a sexual act.
• That there was a substantial act in support of the offer (i.e., a verbal request or the flaunting of bills)

You may face legal consequences if the prosecutor can demonstrate the requirements mentioned above. Consult a highly qualified criminal defense attorney to discuss your case and increase your chances of obtaining the best possible outcome.

Solicitation Penalties and Consequences

ARS 13-3214 outlines the various penalties and sentencing associated with prostitution and its solicitation. Some potential legal consequences someone can face for soliciting prostitution are:

• First-time offenders can be charged with a class 1 misdemeanor and receive fifteen days in jail.
• Second-time offenders can get charged with an additional class 1 misdemeanor and receive thirty days in jail.
• People with three or more prostitution convictions can be charged with a class 5 felony and receive 180 days in prison.

Moreover, ARS 13-802 declares class 1 misdemeanors can also result in fines up to $2,500, while ARS 13-801 states a felony can carry a fine up to $150,000. In addition to the financial penalties and jail sentences that can accompany these convictions, being found guilty of soliciting prostitution can show up on your criminal record, potentially hindering employment opportunities and restricting travel.

Common Defenses Against Solicitation Charges

With an experienced criminal defense attorney providing legal advice, you may be able to use various defenses to help your case. Some examples of common defenses used during criminal proceedings are:

• Lack of evidence – This argument suggests there is not enough proof to confirm the solicitation occurred, and it usually requires challenging the credibility or reliability of the evidence the prosecutor presented.
• Mistake of fact – This defense claims that the defendant did not know or believe they were participating in an illegal activity, requiring the accused to demonstrate how the situation was misunderstood or misinterpreted.
• Lack of intent or agreement – This argument implies there was no true agreement or intent to engage in illegal sexual acts, causing the defendant to claim communication was misinterpreted or taken out of context.
• False accusations – This defense is used when the defendant believes the accusations are untrue or based on personal bias. It usually involves the exhibition of evidence or witnesses that dispute the allegations.

To ensure that your defense is as strong as possible, contact a reliable lawyer who has experience dealing with other prostitution-related criminal cases.

Related Offenses and Charges

Although solicitation and prostitution go hand in hand, they are not mutually exclusive; someone can be criminally charged just for offering to pay for sexual acts. Sometimes, these charges can compound if they overlap with other crimes. Some examples of related crimes that can serve as compounding factors include:

• Human trafficking – The exploitation of individuals for sex through coercion or force.
• Indecent exposure – The exhibition of nudity or the exposure of oneself in a sexual manner in public.
• Sexual assault – The engagement of sexual acts without all parties’ consent.
• Drug offenses – The illegal use or distribution of drugs, which can be prevalent in sex work environments.
• Disorderly conduct – The disruption of peace through harassment or yelling, which can happen in areas with unlawful activities.
• Loitering – The illegal act of hanging around someone else’s property, which may happen if someone is waiting to engage in prostitution.

Being convicted of the offenses listed above can compound your prostitution-related charges, potentially worsening your court-ordered punishment.

Get Experienced Help With Solicitation Charges

Many people wonder if prostitution is legal in Arizona because it is permitted in certain parts of its neighboring state, Nevada. Nevertheless, prostitution is not legal in Phoenix, Arizona, or any other part of the state. Just offering money for sexual acts qualifies as a solicitation of prostitution, and it can result in misdemeanor or felony charges depending on how many convictions the person has for that specific crime.

If you have been charged with soliciting a prostitute in Arizona, it is important to act fast and hire a criminal defense attorney who is familiar with prostitution laws and soliciting laws in Arizona. JacksonWhite Law’s top-of-the-line criminal defense team has substantial experience dealing with prostitution-related cases. Our reliable attorneys can help you come up with a defense strategy to deal with this charge in the best way possible.

Call the JacksonWhite Criminal Law team at (480) 467-4370 for a free case review to learn how we can help you through your unique legal situation.