Solicitation of Prostitution (ARS § 23-52)
Arrested for a Sex Crime in Arizona? Call Today for Help!
The City of Phoenix City Code criminalizes Solicitation of Prostitution, ARS § 23-52. Typically, this occurs when the defendant offers money or something of value in order for another person to engage in a sex act with them. Almost every individual city in Arizona has their own municipal code outlawing Solicitation of Prostitution, and they all typically involve the same elements, and usually carry similar punishments.
Local law enforcement frequently operates solicitation of prostitution stings where they pose as fake prostitutes. They also run large prostitution stings during events like the Super Bowl. We have dealt with many of these types of cases, and won. If you have been arrested in a prostitution sting, give us a call at 602-307-0808 for a free legal consultation.
Solicitation of Prostitution Penalties
What is Solicitation of Prostitution? Well, per the City of Phoenix Code, Solicitation of Prostitution is a class one (1) misdemeanor offense. A first time offense of Solicitation of a Prostitute violation results in a mandatory minimum of fifteen (15) days in jail, with a maximum of six (6) months in jail. In addition, a $2,500.00 fine can be imposed along with an 84% surcharge, and up to three (3) years of probation (which can include classes and counseling).
Additional penalties are as follows:
- If a person has one (1) allegeable historical prior Solicitation of Prostitution conviction, then the mandatory minimum is thirty (30) days under the City of Phoenix City Code.
- If a person has two (2) allegeable historical prior Solicitation convictions, then the mandatory minimum is sixty (60) days in jail.
- If a person has three or more (3) allegeable historical prior Solicitation convictions, then the mandatory minimum is six (6) months in jail.
Each individual city has a municipal code which requires its own amount of jail time, however, usually all classify Solicitation of Prostitution as a class one (1) misdemeanor, which means that the punishment range could be anywhere from probation with zero (0) days in jail, up to six (6) months in jail.
In addition, the cities can impose a fine up to $2500.00, plus a surcharge. Some cities even go so far as to publish a defendant’s name and photo in the local newspaper upon conviction.
Solicitation of Prostitution Defenses
The typical defense to the charge of Solicitation of Prostitution is what is known as the “Just Kidding” defense: the defendant never intended to actually follow through with a sex act, they were just joking and messing around. For example, picture a few drunk college males driving in a car, and they yell out “hey baby, how much?” to either a prostitute, or an undercover officer. Just because they yell this, and engage in a conversation, does not mean that they were actually serious about intending to solicit sex for money.
The Arizona Statute authorizes that “among the circumstances that may be considered in determining whether such an intent is manifested are that:
- The person repeatedly beckons to, stops or attempts to stop or engage a passersby in conversation or repeatedly, stops or attempts to stop, motor vehicle operators by hailing, waiving of arms or any other bodily gesture; or
- The person inquires whether a potential patron, procurer or prostitute is a police officer or searches for articles that would identify a police officer; or
- That the person requests the touching or exposure of genitals or female breast.”
Since the prosecution will be presenting evidence as to these factors, we must present our own evidence to contradict the state’s, including whether a specific sex act and amount of money was discussed, and review any audio tapes (because the undercover officers are normally wired for audio) if there are any. In addition, if the defendant did not have any money or condoms in their possession, that is further evidence in support of the lack of intent to follow through with any sex act.
Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. One defense tactic that is commonly used is a violation of a person’s “Miranda Rights.” In Arizona, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If this is the case, our defense attorneys will demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or incriminating statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues.
Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Depending on what else you have been charged with, this could include exposing flawed procedures regarding blood, breath, and urine, and DNA testing. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled Solicitation of a Prostitute lawyer to defend you who has knowledge of all the possible defenses to assert in your case.
Do I Need to Hire a Lawyer for a Solicitation of a Prostitute Charge?
Do you need to hire a lawyer to defend you against charges of soliciting a prostitute? Yes, a conviction for a solicitation of prostitution charge could lead to a whole host of problems, including the potential loss of a job and family. It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is an Arizona Prostitution Lawyer and a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Arizona Prostitution Lawyers know the system well. For a Free Initial Consultation, call us at 602-307-0808.
Have you been arrested for soliciting a prostitute? Contact DM Cantor and speak to an Arizona Prostitution Lawyer. We will assist you with your Solicitation of Prostitution case.