Arizona Brothels Laws

Although a "brothel" seems like a relic of the Wild West, a few states still have laws against operating houses of prostitution. In Arizona, these are "brothel laws." They criminalize acts of prostitution, operating a house of prostitution, or profiting from the buying or selling of sex.

Prostitution (sex work) is the offering and solicitation of prostitution (ARS 13-3214). That is the prostitute and the customer face prostitution charges. For this reason, the act of prostitution and simple solicitation are misdemeanors.

Operating a brothel or house of prostitution is a felony. Under Arizona law, profiting from sex work is a more serious offense than sexual acts themselves. Any promotion of sexual services, sex trafficking, or procuring others for prostitution can lead to jail sentences for the promoter.

Arizona Brothel Laws

Brothel laws focus on the acts of those who promote, procure, or compel others into sexual acts and profit from them. Pimping, pandering, and procuring are class 5 felonies, although working in a brothel is a class 1 misdemeanor.

Most brothel laws are not sex crimes. There is no penalty for the type of sexual conduct or the nature of the activity. The exceptions are for sexual slavery (§ 13-3207) and sexual trafficking of minors (§ 13-3206). Sex trafficking of minors under 15 is a class 2 felony with a mandatory minimum sentence of 10 years imprisonment for a first-time offender (§ 13-705).

Crimes and Statutory Definitions

Procuring (ARS § 13-3203) means taking money to place another person in a house of prostitution or another location for prostitution. Procuring is a class 5 felony.

Pimping (ARS § 13-3204) means taking part or all of a sex worker's earnings or earning a living off of their money. This includes forcing one's spouse to work as a prostitute (ARS § 13-3205). Pimping is a class 5 felony.

Pandering (ARS §13-3209) is encouraging or enticing another person to become a sex worker or placing them in a house of prostitution with the intention that they become a prostitute. For the crime of pandering, no money needs to change hands. Pandering is a class 5 felony.

Operating a brothel (ARS § 13-3208) means owning or maintaining any building used for or where acts of prostitution take place. It is a class 5 felony. Working as an employee in any capacity is a class 1 misdemeanor.

In Arizona, class 5 felonies are punishable with up to 18 months in jail and fines of up to $150,000 or both. Class 6 felonies can receive up to two years in prison, three years of supervised probation, and a fine of up to $150,000.

Defenses

It is unlawful for any person to knowingly engage in acts of prostitution as a sex worker or as a solicitor of prostitution. A prostitution conviction is a misdemeanor with increasing penalties for the first offense and second offense. The crime becomes a felony after the third offense.

It is an affirmative defense in prostitution cases to allege they committed the acts as a direct result of being victims of sex trafficking.

Despite popular depictions in movies and TV, entrapment by a police officer seldom happens and is even harder to prove. Entrapment means law enforcement used undue pressure to coerce the defendant into performing an act they would not have done.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Research the Law

• Arizona Law
• Arizona Criminal Laws
• Official State Codes
• Arizona Prostitution Laws

Related Resources

• Prostitution Laws
• Solicitation Laws
• Pimping and Pandering

Get Legal Advice from an Arizona Criminal Defense Attorney

Prostitution is always illegal in Arizona. Some criminal charges related to prostitution have more serious consequences. If you're looking at prostitution-related charges in Arizona, get help from an experienced Arizona criminal defense attorney. They can walk you through the state laws relevant to your case and help develop your legal defense.