Arizona law makes it a crime to engage in prostitution. Under A.R.S. § 13-3214, prostitution happens when you trade sexual favors for money or another valuable item. Although some states are considering an approach to sex work, Arizona law imposes strict penalties for individuals who engage in prostitution.

Prostitution includes not only engaging in sexual conduct for a fee, but also offering or agreeing to do so. It means a person can face charges even without physical contact. Law enforcement often conducts undercover operations to identify individuals involved in prostitution. Prostitution can attract misdemeanor or felony charges, depending on your criminal history.

A conviction for this offense attracts severe legal and collateral consequences. In addition to serving a mandatory jail sentence, you will have a permanent criminal record, which could impact your personal and professional lives. If you or a loved one faces prostitution charges, you will need expert legal insight.

An Overview of an A.R.S. § 13-3214 Violation

Prostitution is a serious offense charged under A.R.S. § 13-3214. You commit the crime when you engage in, agree to engage in, or offer to engage in a sexual act with another person in exchange for compensation. The prosecution must prove the following elements beyond a reasonable doubt to secure a conviction for a prostitution charge in Arizona:

There was Sexual Conduct or an Offer of Sexual Conduct

The prosecution must prove that you either engaged in or offered to engage in sexual conduct. “Sexual conduct” in this case could include:

• Sexual intercourse
• Oral sexual contact
• Other sexual act

An explicit offer or agreement to engage in such conduct for payment, whether physical conduct takes place, may also be prostitution. The law focuses on intentions and agreements, not mere actions.

Exchange for Money or Value

Agreeing to engage in a sexual act with a person over eighteen years old is not a crime in California. Therefore, the prosecution must prove that there was an exchange or promise to exchange money or another valuable item for the sexual act. Valuable items in this case could include:

• Gifts
• Drugs
• Rent

The exchange does not need to be completed. Agreeing to engage in sexual activity for compensation satisfies this element. This element distinguishes prostitution from consensual sexual activity.

Intent to Engage in Prostitution

Intent is key to avoiding a violation under A.R.S. § 13-3214. The prosecution must show that you knowingly and willfully participated in or agreed to the act. Also, they must show that you understood the sexual nature of the agreement.

Jurisdiction and Identification

The final element that the prosecution can use to prove an A.R.S. § 13-3214 violation is that the alleged offense occurred within Arizona. Also, they must show that you were the person who committed the act. Reliable identification to link you to the alleged conduct is essential for conviction under this statute.

Sentencing and Punishment Under A.R.S. § 13-3214

Engaging in prostitution is a serious offense under Arizona law. The prosecution can file felony or misdemeanor charges for the offense. The nature of your charges will depend on your criminal history and the circumstances of your offense.

A first violation of A.R.S. § 13-3214 is a class 1 misdemeanor punishable by:

• 15 days to 6 months in jail
• Fines that do not exceed $2500
• Misdemeanor probation for up to three years

In some cases, the court may order counseling or mandatory education programs about the dangers of prostitution and sexually transmitted diseases. If you have one prior conviction for prostitution, your penalties for the second offense will include:

• 30 days to six months in county jail
• Up to $2500 in fines
• Misdemeanor probation

For third-time offenders, an A.R.S. § 13-3214 violation is punishable by:

• 60 days to six months in county jail
• $2500 in fines
• Misdemeanor probation

If you are a fourth-time offender under A.R.S. § 13-3214, the prosecution can file felony charges against you. A conviction in this case is punishable by a prison sentence of up to four years. Additionally, the court may impose fines that do not exceed $2500.

Individuals who recruit, encourage, or profit from prostitution face separate charges. Promoting or profiting from prostitution can attract a Class 5 or Class 4 felony charge.

If you engaged in prostitution with a minor, you can face charges for a Class 2 misdemeanor. In addition to spending time in jail for this offense, prostitution with a minor can result in mandatory sex offender registration.

In Arizona, the sex offender registry is a public listing. Therefore, individuals who perform a background check on you could find it. This could ruin your reputation and affect your career prospects. If you face prostitution charges, you will need the guidance of a skilled lawyer.

Probation for A.R.S. § 13-3214 in Arizona

Probation is a court-ordered period of supervision. It allows a person to remain in the community instead of serving time in jail after a criminal conviction. In Arizona, defendants convicted under A.R.S. § 13-3214 (prostitution) may be eligible for probation. Whether the court will send you to probation depends on your criminal history and the case circumstances.

After a probation sentence, you can serve a portion of your jail or prison sentence in the community. However, you must follow the strict conditions that the court will impose. Not all defendants facing prostitution charges in Arizona are eligible for probation. Therefore, you must negotiate with the prisoner for the sentence.

After making your request, the judge will review the following factors before accepting or rejecting the request:

• Your criminal record
• Your attitude in court
• Your willingness to participate in rehabilitation.

You are more likely to be sentenced to probation if you are a first-time offender. Repeat offenders may face mandatory jail time before being placed under supervision. In some cases, participation in diversion or counseling programs can also help you qualify for probation.

The length of your probation for a prostitution charge will depend on the classification of the offense. For a first-time misdemeanor prostitution charge, the court may impose a probation term of up to 2 years. However, if you face a felony conviction, your probation could extend for up to five years.

Courts in Arizona often impose several standard probation conditions for prostitution-related offenses. These may include:

• Regular check-ins with a probation officer
• Completion of counseling or rehabilitation programs
• Avoiding known areas of prostitution activity
• Submitting to random drug or alcohol tests
• Performing community service
• Paying fines and court fees
• Avoiding contact with co-defendants or known offenders

You must follow all the conditions of probation. Failure to do this could result in a revocation. If the judge revokes your probation, they can impose the maximum jail sentence for your offense.

Collateral Consequences of a Conviction for Prostitution in Arizona

The consequences of a conviction for prostitution under A.R.S. § 13-3214 go beyond incarceration and fines. The conviction will leave a permanent criminal record that can have the following lasting effects on your life and future:

Employment Barriers

Most employers run a background check on prospective employees before hiring. A prostitution conviction, when it arises, may be interpreted by future employers as evidence of poor judgment or as an indicator of an unreliable character. Most organizations have a “zero tolerance” approach to hiring anyone with a sex-related history.

Therefore, you could miss the job opportunity even when your charge is a misdemeanor.. Sometimes, working in fields like education, healthcare, or government is not possible with a prostitution conviction on your record.

Professional Licensing Problems

Some professions, like teaching and healthcare, require a license to practice. When issuing and renewing licenses, professional bodies perform background checks. A criminal conviction for prostitution can have devastating effects on your license.

After learning of your conviction, the licensing board may suspend, deny, or revoke a license. Rebuilding your career or getting into another career with such a conviction on record could be challenging.

Immigration Consequences

For U.S. citizens, the most severe punishment for prostitution is spending time behind bars. But for immigrants, there’s one additional risk of losing their status. The federal immigration law counts prostitution convictions among “crimes involving moral turpitude,” which may lead to deportation or inadmissibility.

Loss of Educational Opportunities

Colleges and universities may consider your criminal record during admissions. A prostitution conviction can affect your eligibility for acceptance. Also, you may miss out on scholarships or financial aid. Some institutions may remove you from campus housing or programs for such a conviction.

Damage to Reputation and Relationships

A conviction for prostitution can cause social stigma. Also, it can damage your personal relationships and impact your standing within the community.

Defenses Against Prostitution Charges in Arizona

The stakes are high for defendants facing charges for prostitution in Arizona. Fortunately, there are defenses you could present to fight the charges and avoid a conviction. They include:

Entrapment

Entrapment is one of the most common defenses to prostitution charges in Arizona. This occurs when law enforcement officers pressure someone into committing a crime they would not have committed alone. Arrests for prostitution are common during undercover or strong operations. Undercover officers sometimes use misleading or aggressive tactics. If the officer initiated the idea or pushed you to agree, your attorney can use entrapment as a defense.

Lack of Intent or Agreement

A significant element that the prosecution must prove to secure a conviction for prostitution is that you agreed to engage in prostitution. Without real intent, the state may not prove guilt beyond a reasonable doubt. Also, you could argue that your conversation or agreement was misunderstood.

Setting Aside a Prostitution Conviction in Arizona

Arizona does not offer complete expungement like some other states. However, it allows individuals to set aside certain convictions. Setting aside a conviction under A.R.S. § 13-905 means the court dismisses the judgment. Before the court sets aside your conviction, you must complete all the requirements of your sentence. This includes serving your jail time, probation, and paying your fines.

A dismissed conviction will still appear on background checks with a ‘dismissed’ notation. Setting your conviction aside can dramatically impact your ability to seek employment, housing, or a professional license. To qualify for the setting aside of your prostitution conviction, you must serve all your probation conditions.

Also, you must file a formal request with the court. A judge will review the application and consider the following factors:

• The seriousness of the crime
• The amount of time that has passed since the conviction
• Your behavior since sentencing

Not all A.R.S. § 13-3214 convictions qualify to be set aside. Therefore, you will need a skilled attorney to meet the requirements. Your attorney can also help you prepare and file the paperwork correctly and improve the chances of approval. When you set aside your prostitution conviction, you can have a fresh start in life.

False Accusation or Mistaken Identity

Prostitution often occurs in secluded or dark areas. Therefore, it is common for someone to fall victim to false allegations. These allegations could stem from mistaken identification or confusion during sting operations. Also, online cases can involve fake profiles, which lead to arrests of the wrong individuals.

Coercion or Trafficking Victim

You will be found guilty of prostitution if you knowingly or intentionally engage in the act. If you are forced, threatened, or manipulated into prostitution, you could avoid a conviction for the crime. Instead, you will be treated as a victim of human trafficking.

Lack of Evidence

The prosecution must establish all the elements of A.R.S. § 13-3214 to secure a conviction. This is done by presenting physical evidence, circumstantial evidence, and witness testimony. If the prosecution does not satisfy these elements, you can argue a lack of sufficient evidence.

Find a Competent Criminal Defense Attorney Near Me

Prostitution is a criminal offense charged under A.R.S. § 13-3214. You could face these charges if you agree to trade a sexual favor for a valuable item. Before you face a conviction, the prosecution must prove that you agreed to engage in a sexual act. Also, it must be clear that you intended to receive or give compensation for the act.

A conviction for prostitution can impact your freedom and life. The conviction can enter your record after being behind bars and paying hefty fines. This may have an impact on your job search and relationships. Fortunately, not every arrest results in a conviction under this law.

With an experienced lawyer, you can fight against the charges to prevent a conviction. At Phoenix Criminal Attorney, we provide expert legal guidance to clients facing sex crime charges in Phoenix, AZ. Contact us at 602-551-8092 to discuss your case.