Solicitation of Prostitution in Phoenix
The City of Phoenix City Code § 23-52 provides a common example of Arizona law that criminalizes a defendant's act of offering money or other valuable items in exchange for sexual acts with another person. Since each city has their own laws concerning the solicitation of prostitution, it is importan
Possible Prostitution Defense ArgumentsOne of the most common defenses is the "joking" defense. Individuals will often state that they were just kidding when they "solicited" the services of a prostitute or undercover police officer. Intent has to be found through repeated beckoning, stopping, attempted stopping, or other serious engagement of the prostitute or undercover police officer. Successful defense arguments will incorporate a defendant's lack of condoms and lack of money as proof that someone did not intend to hire a prostitute. Additional successful arguments will rely upon whether specific amounts of money and specific sex acts were discussed.
Possible Rights Violations in Solicitation of Prostitution CasesAs a resident of Arizona, anyone charged with a crime is protected by a "voluntariness" standard. The use of incriminating statements, such as those which may imply a defendant's guilt in a crime, are not permissible as evidence if it is found that the police used intimidation or trickery to gain their statement. Defendants also frequently have their Miranda rights ignored and are denied legal counsel.
Possible Legal and Forensic MisconductSuccessful defense attorneys may seek to examine the authority and validity of any search warrant involved in the case. An experienced attorney will also want to investigate potential flaws in the investigation itself, including blood and DNA samples. A thorough examination of the police investigation must be done, because misleading and false police reports, photo line-ups and witness statements can make a significant difference in a defendant's case.
Punishments for ProstitutionEach city in Arizona is governed by its own municipal code. The solicitation of prostitution is typically classified as a class 1 misdemeanor. As a result, the sentence for those found guilty can range from probation with zero days in jail to up to six months in jail. Fines can be as much as $2500. Additionally, the defendant is subject to the humiliation of being found guilty of the act, may be embarrassed in the local paper, and may be forced to undergo classes and counseling.