 |
ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
prostitution; assessment; anti-human trafficking fund.
Purpose
Modifies the elements necessary to commit prostitution and establishes an assessment of $200 to be levied on each person who is convicted of prostitution for paying, agreeing or offering to pay for sexual conduct. Requires the assessment to be deposited in the Anti-Human Trafficking Grant Fund (Fund) and used to provide services to victims of sex trafficking.
Background
Laws 2022, Chapter
311 established the Fund consisting of legislative appropriations. The Fund
is administered by the Department of Public Safety to distribute fund monies to
programs to reduce human trafficking in Arizona. To be eligible to receive
grant monies from the Fund an
anti-human trafficking program must work to reduce human trafficking by
providing assistance and analytical services to law enforcement agencies and
must provide services to victims and training on preventing and identifying
human trafficking to law enforcement, prosecutorial agencies and the public (A.R.S.
§ 41-1736).
A person who knowingly engages in prostitution is subject to a class 1 misdemeanor, except that prostitution is a class 5 felony if the person has previously been convicted of at least three prostitution violations. A person convicted of a prostitution violation is not eligible for probation or suspension of sentence until the person's entire sentence is served and a person who is convicted of a third violation must additionally complete a court-ordered education or treatment program. Acts constituting prostitution that are committed as a direct result of being a victim of sex trafficking are an affirmative defense to a prosecution (A.R.S. § 13-3214).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Modifies the elements necessary to commit the crime of prostitution to include knowingly paying, agreeing or offering to pay a monetary fee or other valuable consideration for engaging in sexual conduct.
2. Classifies a person's knowing agreement or offer to engage in sexual conduct for money or valuable consideration as a class 1 misdemeanor, except as prescribed for multiple violations.
3. Classifies a person's knowing payment, agreement or offer to pay for sexual conduct as a class 6 felony, or a class 4 felony if the person commits more than three violations.
4. Outlines minimum sentences for persons convicted of prostitution by paying, agreeing or offering to pay for sexual conduct, including at least:
a) 15 consecutive days in jail for a first violation;
b) 30 consecutive days in jail for a second violation;
c) 60 consecutive days in jail for a third violation; and
d) 180 consecutive days in jail for four or more violations.
5. Excludes persons convicted of prostitution by paying, agreeing or offering to pay for sexual conduct from eligibility for probation or suspension of sentence until the entire sentence is served.
6. Requires a person who is convicted of three violations of paying, agreeing or offering to pay for sexual conduct to complete a court-ordered education or treatment program.
7. Specifies that the minimum jail sentence imposed for a person who is subject to a class 4 felony for prostitution does not prohibit the person from being sentenced to serve a period of incarceration in the Arizona Department of Corrections, Rehabilitation and Reentry.
8. Establishes an assessment of $200 that the court must order a person to pay if the person is convicted of paying or agreeing to pay for sexual conduct.
9. Requires monies collected from the additional assessment to be used exclusively to provide services to victims of sex trafficking.
10. Prohibits the assessment from being waived.
11. Specifies that the assessment is not subject to a surcharge.
12. Requires the court to transmit the assessments collected to the county treasurer to transmit to the State Treasurer for deposit in the Fund.
13. Makes technical and conforming changes.
14. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Requires monies collected from the prescribed assessment to be used exclusively for providing services to victims of sex trafficking.
2. Makes technical and conforming changes.
Senate Action
JUDE 2/20/26 DPA 7-0-0
Prepared by Senate Research
February 23, 2026
ZD/KS/ci