Solicitation of Prostitution in Arizona: Understanding ARS 13-3214

Under Arizona law, solicitation of prostitution occurs when an individual knowingly offers money or something of value to another person to engage in a sexual act. Arizona Revised Statute (ARS) § 13-3214 applies to anyone who solicits or attempts to solicit a prostitute, whether or not the act occurs.

Local cities, such as Phoenix, have additional municipal codes to suppress prostitution-related crimes further. The Phoenix City Code outlines specific penalties for solicitation under Article 4, 23-52, which mirror the state’s guidelines, including mandatory jail time and fines.

This crime is frequently targeted through sting operations, particularly in major cities like Phoenix, where undercover officers pose as prostitutes. Simply offering or negotiating for a sexual act, even if no money is exchanged, can result in a criminal charge.

Solicitation of prostitution in Arizona is classified as a class 1 misdemeanor for first-time offenders. However, the penalties increase with subsequent offenses:

• First Offense: A mandatory minimum of 15 days in jail and up to 6 months in jail, fines up to $2,500 and an 84% surcharge. Probation of up to three years may also be imposed, including mandatory education or counseling programs.
• Second Offense: A mandatory minimum of 30 days in jail.
• Third Offense: A mandatory minimum of 60 days in jail.
• Fourth Offense or More: This can lead to a class 5 felony, with a mandatory 180 days in jail and up to 2.5 years in prison.

The penalties vary based on the city or jurisdiction but must meet or exceed the state’s minimum penalties. In addition to jail time, these charges can have long-term consequences, such as a permanent criminal record, damage to your reputation, and potential career implications.

Pandering, as defined under ARS § 13-3209, is a severe Class 5 felony offense in Arizona. It involves actions aimed at placing, compelling, or encouraging another person to engage in prostitution. Unlike solicitation, which pertains to seeking services from a prostitute, pandering focuses on those who facilitate or coerce others into prostitution.

 According to Arizona law, pandering can be charged if any of the following actions are proven:

• Placing a Person in Custody for Prostitution: A person is guilty of pandering if they knowingly put someone in the charge or custody of another individual for the purpose of prostitution.
• Placing a Person in a House of Prostitution: It is considered pandering if someone places another person in a house of prostitution with the intent that they become a prostitute or engage in acts of prostitution.
• Compelling or Encouraging a Person to Reside for Prostitution: Pandering also includes compelling, inducing, or encouraging someone to live with them or another person to engage in prostitution.
• Compelling or Encouraging a Person to Become a Prostitute: Encouraging or persuading someone to become a prostitute or engage in an act of prostitution is also considered pandering.

If convicted, a defendant may face severe penalties, including prison time, significant fines, and other long-term consequences, such as a criminal record. 

A criminal defense attorney experienced in Arizona’s sex crime laws can help build a defense to challenge these charges, whether through questioning the evidence, investigating improper law enforcement procedures, or raising constitutional defenses.

Several defenses can be employed to fight solicitation charges, depending on the circumstances of your case. Common defenses include:

• Entrapment: If law enforcement officers persuaded or coerced you into committing the crime, you may have a valid defense. This is especially relevant in Arizona, where sting operations are common.
• Lack of Intent: The prosecution must prove that you knowingly intended to solicit a prostitute. If the intent is unclear, the charges may be reduced or dismissed.
• Insufficient Evidence: If there is not enough credible evidence to prove the solicitation took place, your case may not hold up in court. This includes challenging audio or video evidence from sting operations.

At Guardian Law, criminal defense attorney Christian Lueders will thoroughly examine the evidence against you, identify weaknesses in the prosecution’s case, and build a robust defense strategy to challenge the charges.

Facing solicitation charges can be overwhelming, but having the proper defense can make all the difference. At Guardian Law, Christian Lueders combines his prosecutorial experience with a deep understanding of Arizona’s criminal statutes to build effective client defense strategies. We fight tirelessly to protect your rights and seek the best possible outcome for your case.

If you’ve been charged with solicitation of prostitution in Arizona, call Guardian Law today for a consultation. We’ll review the details of your case and help you understand your legal options, whether that means negotiating a plea or taking your case to trial.