Category Archives: prostitution laws

Does the Activity Underlying Adult Content Violate Prostitution Laws?

One of the unanswered questions in the adult industry is to what extent the prostitution laws prohibit the activities underlying the adult content.  The position taken by Arizona officials on this issue is that the activity underlying adult content would violate their prostitution laws.  See http://blogs.phoenixnewtimes.com/valleyfever/2012/03/bill_montgomerys_warning_to_th.php

The relevant law is contained in Title 13, Section 3201 et seq.  of the Arizona Revised Statutes. It states:

13-3201: Enticement of persons for purpose of prostitution; classification

A person who knowingly entices any other person into a house of prostitution, or elsewhere, for the purpose of prostitution with another person, is guilty of a class 6 felony.

13-3202: Procurement by false pretenses of person for purpose of prostitution; classification

A person who knowingly, by any false pretenses, false representations or other fraudulent means, procures any other person to have illicit carnal relation with another person, is guilty of a class 6 felony.

13-3203: Procuring or placing persons in house of prostitution; classification

A person who knowingly receives money or other valuable thing, for, or on account of, procuring or placing in a house of prostitution, or elsewhere, any person for the purpose of prostitution is guilty of a class 5 felony.

13-3204: Receiving earnings of prostitute; classification

A person who knowingly receives money or other valuable thing from the earnings of a person engaged in prostitution, is guilty of a class 5 felony.

13-3205: Causing spouse to become prostitute; classification

A person who knowingly by force, fraud, intimidation or threats, causes his or her spouse to live in a house of prostitution or to lead a life of prostitution, is guilty of a class 5 felony.

13-3207: Detention of persons in house of prostitution for debt; classification

A person who knowingly detains any person in a house of prostitution because of a debt such person has contracted or is said to have contracted, is guilty of a class 5 felony.

13-3208: Keeping or residing in house of prostitution; employment in prostitution; classification

A.  A person who knowingly is an employee at a house of prostitution or prostitution enterprise is guilty of a class 1 misdemeanor.

B.  A person who knowingly operates or maintains a house of prostitution or prostitution enterprise is guilty of a class 5 felony.

13-3209: Pandering; definitions; methods; classification

A person is guilty of a class 5 felony who knowingly:

1. Places any person in the charge or custody of any other person for purposes of prostitution.

2. Places any person in a house of prostitution with the intent that such person lead a life of prostitution.

3. Compels, induces or encourages any person to reside with that person, or with any other person, for the purpose of prostitution.

4. Compels, induces or encourages any person to lead a life of prostitution.

13-3210: Transporting persons for purpose of prostitution or other immoral purpose; classification; venue

A person knowingly transporting by any means of conveyance, through or across this state, any other person for the purposes of prostitution or concubinage, or for any other immoral purposes, is guilty of a class 5 felony. The prosecution of such person may be in any county in which such person is apprehended.

13-3211: Definitions

For the purposes of this chapter, unless the context otherwise requires:

1. “Employee” means a person who conducts lawful or unlawful business for another person under a master-servant relationship or as an independent contractor and who is compensated by wages, commissions, tips or other valuable consideration.

2. “House of prostitution” means any building, structure or place used for the purpose of prostitution or lewdness or where acts of prostitution occur.

3. “Operate and maintain” means to organize, design, perpetuate or control. Operate and maintain includes providing financial support by paying utilities, rent, maintenance costs or advertising costs, supervising activities or work schedules, and directing or furthering the aims of the enterprise.

4. “Oral sexual contact” means oral contact with the penis, vulva or anus.

5. “Prostitution” means engaging in or agreeing or offering to engage in sexual conduct with another person under a fee arrangement with that person or any other person.

6. “Prostitution enterprise” means any corporation, partnership, association or other legal entity or any group of individuals associated in fact although not a legal entity engaged in providing prostitution services.

7. “Sadomasochistic abuse” means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

8. “Sexual conduct” means sexual contact, sexual intercourse, oral sexual contact or sadomasochistic abuse.

9. “Sexual contact” means any direct or indirect fondling or manipulating of any part of the genitals, anus or female breast.

10. “Sexual intercourse” means penetration into the penis, vulva or anus by any part of the body or by any object.

13-3214: Prostitution; classification

A. It is unlawful for a person to knowingly engage in prostitution.

B. This section does not prohibit cities or towns from enacting and enforcing ordinances to suppress and prohibit prostitution that provide a punishment for misdemeanor violations that is at least as stringent as provided in this section.

C. For the purposes of sentencing under this section, a previous violation of any 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.

D. A person who violates this section is guilty of a class 1 misdemeanor, except that:

1. A person who is convicted of a first violation of this section shall be sentenced to serve not less than fifteen consecutive days in jail and is not eligible for probation or suspension of execution of sentence until the entire sentence is served.

2. A person who is convicted of a second violation of this section shall be sentenced to serve not less than thirty consecutive days in jail and is not eligible for probation or suspension of execution of sentence until the entire sentence is served.

3. A person who is convicted of a third violation of this section shall be sentenced to serve not less than sixty consecutive days in jail, is not eligible for probation or suspension of execution of sentence until the entire sentence is served and shall complete an appropriate court ordered education or treatment program.

4. A person who has previously been convicted of three or more violations of this section and who commits a subsequent violation of this section is guilty of a class 5 felony, shall be sentenced to serve not less than one hundred eighty consecutive days in jail and is not eligible for probation or suspension of execution of sentence until the entire sentence is served. This paragraph does not prohibit a person from being sentenced to serve a period of incarceration in the state department of corrections.

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