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; or *2

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

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; repeatedly stops or attempts to stop motor vehicle operators by hailing, waving, or any other bodily gesture; inquires whether a potential patron, procurer, or prostitute is a police officer; searches for articles that would identify a police officer; or requests the touching or exposure of genitals or female breast; or *2

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

1.    A person convicted of a violation of subsection (A)(1) or (A)(3) of this section is guilty of a Class 1 misdemeanor, punishable: *1 *2

a.    Upon a first conviction, by imprisonment for a term of not less than 15 consecutive days and, in the discretion of the Court, a fine not to exceed the maximum amount allowable for a Class 1 misdemeanor. *1 *2

b.    Upon a second conviction, by imprisonment for a term of not less than 30 consecutive days and, in the discretion of the Court, a fine not to exceed the maximum amount allowable for a Class 1 misdemeanor. *1 *2

c.    Upon a third conviction, by imprisonment for a term of not less than 60 consecutive days, completion of an appropriate Court ordered education or treatment program, and, in the discretion of the Court, a fine not to exceed the maximum amount allowable for a Class 1 misdemeanor. *1 *2

d.    Upon a fourth or subsequent conviction, by imprisonment for a term of not less than 180 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 the maximum amount allowable for a Class 1 misdemeanor. *1 *2

2.    A person convicted of a violation of subsection (A)(2) of this section is guilty of a Class 1 misdemeanor, punishable: +1

a.    Upon a first conviction, by imprisonment for a term of not less than 15 consecutive days, completion of an appropriate Court ordered education or treatment program, and, in the discretion of the Court, a fine not to exceed the maximum amount allowable for a Class 1 misdemeanor. +1 *2

b.    Upon a second conviction, by imprisonment for a term of not less than 30 consecutive days, completion of an appropriate Court ordered education or treatment program, payment of a mandatory fee in the amount of $2,000.00 to the human trafficking prevention fund established by Section 2-101, and, in the discretion of the Court, a fine not to exceed the maximum amount allowable for a Class 1 misdemeanor. +1 *2

c.    Upon a third conviction, by imprisonment for a term of not less than 60 consecutive days, completion of an appropriate Court ordered education or treatment program, payment of a mandatory fee in the amount of $2,250.00 to the human trafficking prevention fund established by Section 2-101, and, in the discretion of the Court, a fine not to exceed the maximum amount allowable for a Class 1 misdemeanor. +1 *2

d.    Upon a fourth or subsequent conviction, by imprisonment for a term of not less than 180 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, payment of a mandatory fee in the amount of $2,500.00 to the human trafficking prevention fund established by Section 2-101, and, in the discretion of the Court, a fine not to exceed the maximum amount allowable for a Class 1 misdemeanor. +1 *2

3.    If the Court orders a person to complete an appropriate education or treatment program, the person must pay the cost of the program. +1 *2

4.    The Court ordered education or treatment program must report to the Court whether the person has attended the program and has successfully completed the program. +1 *2

5.    Notwithstanding subsections (C)(1) and (C)(2) of this section, a conviction for violating subsection (A)(1) or (A)(2) of this section with a person under the age of 18 years is punishable by imprisonment for a term of not less than 180 consecutive days, and in the discretion of the court, a fine not to exceed the maximum allowable for a Class 1 misdemeanor. Notwithstanding subsection (C)(6) of this section, if a person sentenced under this subsection (C)(5) has not previously been convicted of a violation of subsection (A)(1) or (A)(2) of this section with a person under 18, the Court may suspend 90 days of the minimum sentence upon successful completion of an appropriate Court ordered education or treatment program. This subsection (C)(5) does not apply to subsection (C)(1)(d) or (C)(2)(d) of this section. *1 *2

6.    In no case may 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 is served. If a person convicted of a violation of subsection A of this section is placed on probation, such probation must 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, must set forth a specific release date and prohibit any double time allowance in conformance with the sentencing requirements of this section. *1 *2

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 convicted person. Nothing in this subsection (C)(7) authorizes the Court to impose less than the minimum term of imprisonment prescribed by subsections (C)(1) and (C)(2) of this section. *1 *2

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 is a previous violation of this section. *1 *2

(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; new style in use as of 8-1-2011)

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

Date of Addition/Revision/Deletion - Section 23-52

+1    Addition on 1-21-2015 by Ordinance No. G-5978, eff. 1-21-2015

*1    Revision on 1-21-2015 by Ordinance No. G-5978, eff. 1-21-2015

*2    Revision on 6-6-2018 by Ordinance No. G-6473, eff. 7-6-2018


1

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


2

State law references—Authority 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.