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Tucson Laws on Prostitution and Solicitation Charges

March 21, 2024 Uncategorized

Tucson Laws on Prostitution and Solicitation Charges

Prostitution and solicitation of prostitution are illegal in Tucson, Arizona and can lead to serious criminal penalties if convicted. This article will provide an overview of Tucson’s laws on prostitution and solicitation, potential defenses, and what to do if charged with one of these offenses.

What is Prostitution Under Tucson Law?

Under Tucson City Code § 23-52, prostitution is defined as “engaging in or offering, agreeing or offering to engage in sexual conduct with another person under a fee arrangement with that person or any other person.”This means that actually engaging in a sex act for money is considered prostitution. But even just offering or agreeing to engage in prostitution is enough to be charged with this offense in Tucson. There does not need to be an actual act of prostitution, just the offer or agreement.

What is Solicitation of Prostitution?

Arizona law ARS § 13-3214 makes it illegal to solicit another person to engage in an act of prostitution. Solicitation involves enticing, luring, or inducing someone else to commit prostitution.This means asking or encouraging someone to engage in a sex act in exchange for money or other compensation. Solicitation does not require the act to actually take place, just the attempt to get someone else to commit prostitution.

Penalties for Prostitution and Solicitation in Tucson

Under Tucson law, both prostitution and solicitation of prostitution are class 1 misdemeanors. This is the highest level of misdemeanor in Arizona. If convicted, potential penalties include:

  • Up to 6 months in jail
  • Fines up to $2,500
  • Probation up to 3 years

Tucson law also imposes mandatory minimum jail sentences for prostitution convictions:

  • 1st offense: 15 days jail
  • 2nd offense: 30 days jail
  • 3rd offense: 60 days jail
  • 4th offense: 180 days jail

So even a first-time offense comes with a mandatory 15 days in jail. Subsequent convictions lead to increased mandatory minimum sentences.

Defenses to Prostitution and Solicitation Charges

There are several potential legal defenses that a criminal defense attorney may use to fight prostitution and solicitation charges, including:

  • Lack of intent: The prosecution must be able to prove you intended to engage in prostitution or solicit someone else to do so. For example, just jokingly asking “how much?” would likely not demonstrate true intent.
  • Entrapment: This occurs when law enforcement induces you to commit a crime you otherwise would not have. An undercover officer badgering you to agree to exchange sex for money could potentially be entrapment.
  • Mistaken identity: Police may have mistaken you for someone else they were investigating for prostitution or solicitation.
  • Illegal search: If evidence was obtained through an unconstitutional search, it may be excluded.

An experienced criminal defense lawyer will thoroughly examine the facts of your case to determine the best defenses to raise on your behalf.

What to Do If You Are Charged with Prostitution or Solicitation in Tucson

If you have been arrested for prostitution or solicitation of prostitution in Tucson, it is critical that you exercise your right to remain silent and speak to a defense lawyer right away. An attorney can advise you of your rights, work to get charges reduced or dismissed, and defend you in court if necessary.Some key steps to take:

  • Remain silent and only speak to a lawyer
  • Hire an experienced criminal defense attorney
  • Follow your lawyer’s advice about whether to fight the charges at trial or try to negotiate with the prosecution
  • Your lawyer may also advise you on other options like pre-trial diversion programs

Do not try to talk your way out of charges or negotiate with police and prosecutors yourself. Anything you say can be used against you. Let an attorney handle the process for you for the best chance of an optimal outcome.Facing prostitution and solicitation charges in Tucson can have devastating consequences on your life and reputation. But an aggressive defense lawyer can often get charges reduced or dismissed, minimize penalties, and help you move on while avoiding a damaging criminal conviction. So it is vital to exercise your rights and fight the charges with experienced legal representation.

Tucson’s Approach to Prostitution and Solicitation Enforcement

The Tucson Police Department and Pima County prosecutors take prostitution and solicitation offenses seriously. Police conduct frequent undercover sting operations targeting both sex workers and customers.Tucson prioritizes enforcing prostitution laws for several key reasons:

  • Reduce human trafficking and exploitation of sex workers
  • Improve quality of life in neighborhoods where street prostitution occurs
  • Curb public health risks associated with prostitution

So while Tucson does aim to provide support services to help sex workers leave the industry, the city also aggressively prosecutes those caught buying or selling sexual services.Tucson police and prosecutors typically do not show much leniency to those charged with prostitution and solicitation offenses. The mandatory minimum jail sentences are strictly enforced, even for first-time offenders.This makes it critical to have an experienced criminal defense lawyer who knows how to navigate the local justice system if facing prostitution or solicitation charges in Tucson. An attorney may know of diversion programs or alternative resolutions that can help mitigate penalties.

Finding the Right Lawyer for Your Case

If you or a loved one has been arrested for prostitution or solicitation in Tucson, it is vital to have an experienced local criminal defense attorney represent you. Do not take chances trying to represent yourself against the police and prosecution.When choosing a lawyer, look for these key qualifications:

  • Extensive experience defending prostitution and solicitation cases in Tucson
  • Knowledge of local police and prosecutors
  • Track record of positive case results
  • Commitment to personalized attention and communication
  • Affordable legal fees and payment plans

Also make sure you personally feel comfortable and confident working with the attorney you choose. Prostitution charges involve very sensitive issues, so you need an attorney you trust completely.

Conclusion: Take Prostitution and Solicitation Charges Seriously

Engaging in prostitution or soliciting prostitution services in Tucson can lead to mandatory jail time and other serious penalties if convicted. It is critical to exercise your right to remain silent if charged and retain an experienced criminal defense lawyer immediately.An attorney can advise you of your rights, examine the details of your case, and build the strongest defense to have charges reduced or dismissed. With skilled legal representation and a vigorous defense, many facing prostitution and solicitation charges can avoid a devastating criminal conviction. So do not delay in seeking legal help if arrested for one of these offenses in Tucson.

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Todd Spodek

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RALPH P. FRANCHO, JR

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

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RAJESH BARUA

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CHAD LEWIN

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