Soliciting sex—asking another person to perform a sexual act in return for a fee or something of value—is known as prostitution. A person does not need to actually perform a sexual act for a fee to be charged with prostitution in Arizona. Simply proposing or agreeing to do so could also result in charges. Additionally, both the person providing the sexual service and the person offering something of value may be charged with a crime.
If you are facing these criminal allegations, speak with a knowledgeable attorney at the Grand Canyon Law Group right away. These charges are embarrassing and can lead to severe damage to your reputation, not to mention the loss of freedom and a criminal record. Perhaps most devastating, is the risk of being forced to register as a sex offender.
At Grand Canyon Law Group, we are former prosecutors who dedicate a large portion of our practice to these types of cases. You will not find a more knowledgeable, experienced, or effective legal team to fight these charges than GCLG. Rest assures we will listen with full confidentiality and free of judgment, then get to work getting the best possible outcome.
There is hope, even when facing prostitution charges. It may be possible to get through the criminal process without jail and without a criminal record. This can be accomplished either by going to trial and winning, or more commonly through a “diversion” or “deferred sentence” or “deferred prosecution” program.
While not always available, there are diversion programs available for prostitution offenses in Mesa that could help you avoid a permanent mark on your criminal record or jail time, or other negative effects of a conviction.
DEFINITIONS OF PROSTITUTION AND SEX SOLICITATION
Under ARS 13-3211(5), prostitution involves someone engaging in, agreeing to engage in, or attempting to engage in sexual activity with any person for a fee or other valuable consideration. Sexual activity includes any sexual contact or intercourse. To clarify, the act of recruiting someone or deciding to engage in sexual activity for compensation applies equally to prostitutes and clients under the law.
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CRIMINAL CHARGES FOR PROSTITUTION AND SOLICITATION
A person convicted of prostitution is guilty of a Class 1 misdemeanor. Under normal circumstances, a Class 1 misdemeanor carries a maximum jail time of six months. However, ARS 13-3214 mandates a minimum of 15 consecutive days in jail, without the possibility of probation or suspension, for a first conviction on prostitution charges.
PENALTIES FOR MULTIPLE PROSTITUTION CONVICTIONS IN MESA
A second and third prostitution conviction carries a mandatory minimum of 30 days jail with a $2,000 fine and 60 days with a $2,250 fine, respectively. A third conviction in Mesa also includes a mandatory court-ordered sex solicitation educational program.
Upon four prostitution convictions or more, a person is considered to have committed a class 5 felony, which carries a minimum six-month jail term or a greater amount of time in prison, and a $2,500 fine. When facing any kind of sex-related charges, it is crucial for accused individuals to hire experienced attorneys with specific training and experience with sex offense.
Our firm has multiple former prosecutors who know how to fight these charges and to see if a diversion program is possible. In fact, one of our founding attorneys, David Lish, spent over four years of his many years as a prosecutor specifically working sex-related cases. He learned the intricacies of these cases from investigation to trial, made contacts with the most important expert witnesses and investigators, and we bring that experience to bare for our clients.
THE GOAL OF PROSTITUTION AND SOLICITATION DIVERSION PROGRAMS
Diversion Programs are educational programs available to qualified defendants as an alternative solution to criminal charges. Upon completing the program, a defendant’s case is dismissed.
DIVERSION PROGRAMS FOR PROSTITUTION CHARGES
Prostitution diversion programs in Mesa were implemented as an initiative for those accused of prostitution. These programs provide schooling, community therapy, and life skills training to help individuals break free from the vicious cycle of prostitution and rebuild their lives.
SOLICITATION DIVERSION PROGRAMS
On the other hand, solicitation diversion programs aim to educate those charged with soliciting prostitution about the negative consequences of their actions, as well as reduce the demand for prostitution.
Under ARS 13-3214, diversion and educational programs are optional for first and second offenses but considered mandatory for each individual found guilty of a third and fourth prostitution charge, but the program will no longer result in dismissal on these offenses. A knowledgeable attorney at our Mesa office can further explain the requirements for these diversion programs.
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CONSULT A MESA LAWYER ON DIVERSION PROGRAMS FOR PROSTITUTION OFFENSES
Prostitution is a charge that you do not want on your record. Due to legislation aimed at ending prostitution and sex trafficking, a sex solicitation charge can have long-term consequences if you are convicted. As such, diversion programs available for prostitution offenses in Mesa may be a life-saving option for avoiding a criminal charge and permanent impact on your reputation and way of life. Call the Grand Canyon Law Group now to discuss your case and learn the steps you can take to mitigate the charges against you.
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