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Basic Question on AZ Solicitation Law and Answer
04-13-2009, 02:52 PM
Post: #1
Basic Question on AZ Solicitation Law and Answer
Basic Question on AZ Solicitation Law and Answer

Bad News which is why I've been so active for a decade trying to get folks organized to change the laws.

From Dave's E-mail
Hello Dave,
I would like to know where I can go to find out the laws about solicitation. What an escort can and can't do and say.. sort of things. How far law enforcement cal go to intrap a girl. Thank you VERY much for any information you might be able to provide.

Dave Replies:
Under Arizona law, prostitution is defined very broadly as "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."

The laws pertaining to prostitution and solicitation in Arizona have a reputation for being among the most severe in the country and so actively enforced. Wasting public resources going after in private consenting adults, legal in almost all the world except the U.S.

If a website has sexual acts offered or even "GFE" that has resulted in successful conviction of solicitation with the mandatory minimum 15 days in jail.

Entrapment - very hard to use as a defense, I have never heard of a successful entrapment defense.

Entrapment is an “affirmative defense” under Arizona law, meaning that it must be proven by the Defendant. In the context of a prostitution or solicitation charge, entrapment requires proof of the following:

* The person was urged and induced to solicit an act of prostitution or solicitation by the police;
* The idea of solicitation or prostitution began with the police and not with the defendant; and
* Before the police urged and induced the defendant to commit an act of prostitution or solicitation, they were not predisposed to do so.

In my non lawyer view, the best defense - other than an expense Constitutional fight using Lawrence vs Texas - is to only charge for your time with no suggestion that it involves anything sexual. Paying for your time is legal, paying for sex is not.

But if you website offers GFE, or any of the commonly used terms, it would be very hard to defend against a solicitation charge.

For professional clients like a lawyer or doctor it can be even worse as a 2003 case in Tucson shows. The Arizona Medical Board vs Alif Y Sarah (CV 2002-017719) The Maricopa Superior Court affirmed the determination of the medical board that the doctors conviction for solicitation of prostitution in Tucson was unprofessional conduct because it was "a misdemeanor involving moral turpitude". He didn't lose his license but a "Letter of Reprimand" which can be damaging to a career which is why the doctor fought it in the Courts.

The Court said:
Solicitation of another to commit sexual offenses is a crime of moral turpitude, and to dispute this fact is to ignore Arizona and Federal court decisions. In Corstvet v. Boger,11 a professor's conduct in soliciting sexual activities in a student union restroom was deemed to be a crime of moral turpitude. In Velez-Lozano v. Immigration and Naturalization Service,12 the court determined that solicitation to commit sodomy is a crime of moral turpitude. In Matter of Alfonzo-Bermudez,13 a resident alien’s offer to commit a lewd and indecent act with an undercover officer in a Phoenix restroom was a crime of moral turpitude, leading to the alien’s deportation from the United States. The Board did not err in their determination that Plaintiff’s crime involved moral turpitude, and the Letter of Reprimand issued to Plaintiff did not contain an error of law.

The second issue Plaintiff raises is whether there was sufficient evidence to support the Board’s action. The only evidence the Board needed to make its decision was indisputable - Plaintiff was charged and convicted of solicitation of prostitution, a crime of moral turpitude. Plaintiff admitted the conviction, and further evidence was unnecessary.

Dave notes:
While in Lawrence vs Texas, the Supreme Court ruled that morality can not be a basis for law, this might not apply to rules of medical societies etc.

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04-13-2009, 06:13 PM
Post: #2
RE: Basic Question on AZ Solicitation Law and Answer
Also, you need to be aware that in certain cities, such as Chandler, for example, there is a crime called "manifesting" which basically makes it illegal to ask the questions that you are inquiring about!
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