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ARTICLE IV. OFFENSES INVOLVING MORALS1

DIVISION 1. PROSTITUTION AND FORNICATION2

 

23-52 Prostitution, soliciting an act of prostitution and related offenses.

A.    A person is guilty of a misdemeanor who:

1.    Offers to, agrees to, or commits an act of prostitution;

2.    Solicits or hires another person to commit an act of prostitution;

3.    Is in a public place, a place open to public view or in a motor vehicle on a public roadway and manifests an intent to commit or solicit an act of prostitution. 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 passersby in conversation or repeatedly, stops or attempts to stop, motor vehicle operators by hailing, waiving of arms or any other bodily gesture; that 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;

4.    Aids or abets the commission of any of the acts prohibited by this Section.

B.    Definitions.

1.    Prostitution is the act of performing sexual activity for hire by a male or female person.

2.    Sexual activity means vaginal or anal intercourse, fellatio, cunnilingus, analingus, masturbation, sodomy or bestiality.

C.    Penalty.

1.    A person convicted of a violation of Subsection A of this Section is guilty of a Class 1 misdemeanor punishable by imprisonment for a term of not less than fifteen consecutive days nor more than six months and, in the discretion of the court, a fine not to exceed two thousand five hundred dollars.

2.    Upon a second conviction, a person convicted of a violation of Subsection A of this Section is guilty of a Class 1 misdemeanor punishable by imprisonment for a term of not less than thirty consecutive days nor more than six months and, in the discretion of the court, a fine not to exceed two thousand five hundred dollars.

3.    Upon a third conviction, a person convicted of a violation of Subsection A of this Section is guilty of a Class 1 misdemeanor punishable by imprisonment for a term of not less than sixty consecutive days nor more than six months, completion of an appropriate court ordered education or treatment program and, in the discretion of the court, a fine not to exceed two thousand five hundred dollars.

4.    Upon a fourth or subsequent conviction, a person convicted of a violation of Subsection A of this section is guilty of a Class 1 misdemeanor punishable by imprisonment for a term of not less than one hundred eighty consecutive days, completion of an appropriate court ordered education or treatment program unless previously ordered to complete an education or treatment program pursuant to this Section and, in the discretion of the Court, a fine not to exceed two thousand five hundred dollars.

5.    Notwithstanding Paragraphs 1 through 3 of this subsection, a person convicted of violating Subsections (A)(1) or (A)(2) of this Section with a person under the age of eighteen years is punishable by imprisonment for a term of not less than one hundred eighty consecutive days, and in the discretion of the Court, a fine not to exceed two thousand five hundred dollars. Notwithstanding Paragraph 6 of this subsection, if a person sentenced under this paragraph has not previously been convicted of a violation of Subsections (A)(1) or (A)(2) with a person under eighteen, the Court may suspend ninety days of the minimum sentence upon successful completion of an appropriate court ordered education or treatment program. This paragraph does not apply to persons eligible for sentencing under Paragraph 4 of this Subsection.

6.    In no case shall a person convicted of a violation of Subsection A of this Section be eligible for suspension or commutation of a sentence or work furlough or release on any basis until the minimum mandatory term of imprisonment imposed by the Court has been served. If a person convicted of a violation of subsection A of this Section is placed on probation, such probation shall include a condition that the minimum mandatory consecutive term of imprisonment be served and that the person is not eligible for commutation of a sentence or work furlough or release on any basis or termination of probation until after the minimum mandatory consecutive term of imprisonment has been served. In all cases in which a person is convicted of a violation of subsection A of this Section, the Court, in the order of commitment, shall set forth a specific release date and shall prohibit any double time allowance in conformance with the sentencing requirements of this Section.

7.    Notwithstanding any provision of law to the contrary, the Court may suspend the requirement that the minimum term of imprisonment imposed under this subsection be served on consecutive days, if the Court finds that imprisonment for the prescribed term of consecutive days would endanger the health of the prisoner. Nothing in this paragraph shall be deemed to authorize the Court to impose less than the minimum term of imprisonment prescribed by Paragraphs 1 through 4 of this Subsection.

8.    For purposes of this Section, a previous violation of any state law or City or town ordinance that prohibits prostitution and that has the same or substantially similar elements as this Section shall be deemed to be a previous violation of this Section.

(Ord. No. G-1521, § 1; Ord. No. G-1813, § 1; Ord. No. G-1868, § 6; Ord. No. G-2287, §§ 1, 2; Ord. No. G-3270, § 7; Ord. No. G-3659, § 1; Ord. No. G-3949, § 1, passed 7-3-1996, eff. 7-3-1996; Ord. No. G-4659, § 1, adopted 12-18-2004, eff. 1-1-2005; Ord. No. G-4826, § 1, adopted 9-20-2006, eff. 9-20-2006; Ord. No. G-4943, § 1, adopted 7-2-2007, eff. 8-1-2007)

State law referenceProstitution prohibited, A.R.S. § 13-3214; penalty for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28).


1

Cross referenceEscorts and escort bureaus, § 10-87 et seq.; sexually oriented businesses, § 10-131 et seq.


2

State Law referenceAuthority to suppress and prohibit prostitution and unlawful sexual intercourse and disorderly houses, A.R.S. §§ 9-499.01, 9-240(B)(17); prostitution, A.R.S. § 13-3201 et seq.


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