Arizona Prostitution Laws Explained

The Legal Implications of Selling Sex in Phoenix

As in the rest of the country, prostitution is illegal in Phoenix, Arizona. In Arizona, prostitution is defined as "engaging in or agreeing to engage in sexual conduct with another person in return for a fee." (A.R.S. §13-1401) Since prostitution is illegal, any form of it, including activities like solicitation, keeps transactions between two or more involved adults illegal.
Those who are charged with prostitution are guilty of a class 1 misdemeanor but guilty of a class 6 felony if they have previously been guilty of prostitution within the last 24 months. (A.R.S . §13-3216) People who are guilty of attempted prostitution, solicitation or causing a third party to engage in prostitution may receive a class 1 misdemeanor and those who solicit a person to commit prostitution or agree to engage in prostitution are guilty of a class 6 felony. (A.R.S. §13-3201)
In Maricopa County, there are numerous ordinance sections related to prostitution, solicitors, sex-related offenses and sex trafficking. Violation of these ordinances may result in a stop and arrest besides the charges filed by the police department. As with any criminal or sexually-related charge, anyone charged in Phoenix with a crime should contact an Arizona criminal defense attorney immediately for assistance.

What Happens if you Participate in Prostitution in Phoenix

The consequences of engaging in illegal prostitution are quite serious. Recently police have stated, in no uncertain terms, that prostitution will not be tolerated in Phoenix. There are three major areas of prostitution and solicitation laws in the Phoenix area. They are (1) Prostitution; (2) Facilitation/Promotion of Prostitution; and (3) Solicitation of a Prostitute.
They all have different potential consequences. A person who is engaged in prostitution/solicitation who is arrested in Phoenix will likely be charged with Engaging In Prostitution. The Arizona Revised Statute 13-3214 states a person commits Engaging In Prostitution when that person:
A. Engages in sexual conduct with another person in return for a fee;
If a person is convicted for a first-time offense, the punishment can be up to three months in jail and/or a fine of $500 to $1000 per offense. The maximum penalty for a second offense is six months in jail and/or a fine of up to $1500. A third offense can result in a year in jail and fine of $2,500.
The next area of prostitution laws in Phoenix is Facilitating/Promotion of Prostitution. The Statute 13-3213 states a person commits Facilitating/Promotion of Prostitution when:
A. With intent to promote the prostitution of another person, the person knowingly .

1. Engages in conduct that aids or abets prostitution; or
2. Advances or profits from prostitution.

This is a class 5 felony, which carries a mandatory minimum term of six months in prison. The maximum term is 2.5 years in prison.
Finally, the third area of prostitution laws in Phoenix is Solicitation of a Prostitute. The statute 13-3214 defines a person commits this crime when that person:
A. Offers or agrees to engage in sexual conduct with another person.
B. This offer or agreement is made with the intent to receive a fee from that other person.
This is a Class 1 Misdemeanor, which is punishable by up to six months in jail and/or a fine of up to $2,500.

How Police Investigate Prostitution in Phoenix

Law enforcement takes a particularly strong stance on prostitution in Phoenix, as it has throughout the state and the rest of the country. This is evidenced by the fact that the Phoenix Police Department employs a dedicated Vice Unit in its Phoenix Field Services Bureau.
Because of this unit, an average of approximately 12 to 15 large-scale, long-term undercover operations targeting prostitution take place throughout the city every year. Officers often disguise themselves in order to catch prostitutes and prostitution rings in the act. These undercover sting operations have been very successful—in one multi-agency operation that took place over five days and nights in the summer of 2016 in conjunction with the Scottsdale Police Department and the Maricopa County Attorney’s Office, 246 arrest warrants were issued to couples/couples.
In addition, the Phoenix Police Department and Arizona Attorney General’s Office offer the Streetlight Intervention program, which is aimed at "prostitution on the Phoenix Corridor," a busy stretch of streets that run from Northern Avenue to Baseline Road and I-17 to 27th Avenue.

Prostitution and the Politics of Arizona

Prostitution and public opinion in Arizona has changed a bit over the last few decades, ever since prostitution of any type was banned altogether statewide in 1978. Regardless of your stance on the question of whether or not prostitution should be legal, it’s important to be aware of where public opinion stands on this topic and what kind of influence that might have on future legislation that could take some of the market for prostitution out of the hands of pimps and sex traffickers and into the hands of more legitimate businesses.
A 2014 poll by the non-profit group Institute for Women’s Studies at ASU found that 65 percent of those surveyed support at least some type of legalized , regulated sex work. Support for legalized sex work was highest among those who identified as Democrats, young adults (between 18 and 29) and people who live in Phoenix.
A growing number of U.S. states have passed laws easing penalties on consensual prostitution-related activities, and some advocates believe that, as more states pass such laws, fewer customers will be able to find and exploit young women involved in sex trafficking and other aspects of illegal prostitution activity.

Are Prostitution Laws in Arizona Consistent

In contrast to the generally rigid laws statewide, Phoenix’s prostitution statutes are somewhat more lenient. For example, the city’s Prostitution Solicitation Ordinance makes it a petty offense to solicit sex for a fee within a designated "prostitution-free zone." A "prostitution-free zone" is defined as any area where one or more individuals have been convicted of soliciting someone for sex for a fee twice within a radius of 1,000 feet of any private school, licensed daycare center, or parks or recreation center containing facilities intended for use by children.
Beyond Phoenix, the law in various Arizona municipalities increasingly resembles other sex work laws throughout the nation. For example, Tucson criminalizes prostitution under two separate ordinances laying out similar punishments for solicitation or inducing another to engage in sex work, as well as to simply owning, operating or being in charge of a brothel. The city also outlaws sex work in public places, in addition to other sections criminalizing a conspicuous "symbol, mark, design or device" that "either alone or in combination, portrays either actual or simulated sexual acts of nudity, including but not limited to, male or female genitals, pubic hair, perineum, vulva, anus or buttocks."
Lawmakers in Scottsdale, Arizona’s fifth-largest city with a population of around 227,000, have previously attempted to similarly prohibit sex work by passing ordinances banning sex work in public parks. However, Scottsdale’s legal framework for prohibiting sex work has stuck only in terms of prohibiting "prostitution zones" where one or more arrests sex-related offenses have taken place within a statistically significant period of time, as well as through a certificate of compliance system that fines individual establishments for sex work that occurs on their property.
In Tempe, city lawmakers have sought to use zoning as a tool to combat sex work by designating adult entertainment districts that are off-limits to businesses that operate as a "house of prostitution."

The Influence of Criminal Prostitution Statutes on Society

Proponents of prostitution legislation in Phoenix argue these laws help to reduce crime rates, however it can be difficult to measure the effect of prostitution legislation on crime rates. Phoenix Police Department (PPD) did report a decrease in prostitution-related crimes after the implementation of Proposition 202 in 2008. According to the PPD’s Technology Services Bureau, in 2008, 446 prostitution-related arrests were made as opposed to 682 the preceding year. At the same time, the Milwaukee Wisconsin Police Department reported prostitution-related arrests went up from 74 in 2007 to 87 in 2008.
In addition to arrests, there are other alternative economic cost measures of whether prostitution legislation improved neighborhood safety. According to the PPD , the number of calls for service directly relating to prostitution or potential prostitution decreased 23 percent from 2007 to 2008. The average cost of a call to 911 in Phoenix is $20, or $63,000 a year for the 2007-2008 time period. However, in Boston, the Massachusetts Institute of Technology reported that the significant reduction in prostitution traffic as a result of Proposition 202 had minimal impact on violence. Instead, Boston experienced a significant increase in open air drug dealing and related violence. It is possible, that while the PPD might not have noticed increased crime rates in Phoenix directly related to prostitution, the surplus of sex workers congregating out-of-doors may lead to other disgruntled or disgraced members of the community expressing their contempt through violence and intimidation.