AZ Mandatory 15 Days in Prison Update & AZ Prostitution Statute may be Unconstitutionally Vague

Unfortunately more and more escorts are contacting me about busts including where nothing is done wrong either in the contact by phone or e-mail, or when they meet the undercover. But they are being busted by bad words on their websites. Many of these victims of what is probably our unconstitutional morality law do not want their names to be public so they fear trying to fight the charges in Court. I encourage them to fight but understand their fear of exposure in the public Court records especially after the DD bust.

Some escorts understand that they may still get time off the 15 days for good behavior
or another says she will get work release.

It appear clear there is no time off for good time, but get work released at 6am from tent city for 12 hours in and 12 hours out. One gal reports she did not have to prove she had employment.
If you are released on probation you have to report to Parole Officer.

Cities can have stiffer (pardon pun) penalties than the AZ minimum sentence.
One source is saying Phoenix has work release, Chandler full 15 days plus probation and Scottsdale full of soccer moms on jury so hard to fight.

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One companion reports:

Work release is for those not on probation , probationers and (IPS) probationers which stands for Intense probation for those that would skip out and go on the" RUN" so to speak..not do community service or pay a fine or just not seeing your PO the first 24 hrs when your released thats called failure to report to your PO they violate you for just about nothing any how work release is a program 12 hrs in 12 hrs out you sleep there in the tents 6am they release you to the streets and you go to a job which in my case i didnt have to show proof of employment

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At least the work release is a good change from my understanding of the AZ 15 day minimum time on first offense law passed in May 2006 was that its purpose was to appease some conservative types who thought it was terrible that these dangerous criminals (escorts) were allowed to only be in jail on weekends and judges were too lenient with these dangers to the morals of society folks with those big dangerous breasts.

They felt that we certainly can't let giving pleasure be only a minor crime. We need to fill the jails even more with morality crimes where there are no victims other than the conservatives imposed morality for in private consenting adult sexuality.

I am not clear if the diversion program where you are lectured from "recovered prostitutes" run by the Catholic group, about the evils with the street hookers with pimps on drugs etc, but you are not convicted so not subject to mandatory minimum.

My extensive reporting and news articles about the law is at http://www.sexwork.com/legal/AZHB2307.html
 

I also found the Revised AZ Statute which does not disallow work release but no time off. But cities can make penalties more serve but can't do less than the AZ requirement:

13-3214. Prostitution; classification

1. A. It is unlawful for a person to knowingly engage in prostitution.
    
2. 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.
    
3.  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.
    
4. 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.
      
      

Important Definitions:

• "Prostitution" means engaging in or agreeing or offering to engage in sexual conduct under a fee arrangement with any person for money or any other valuable consideration. Note sexual contact for a fee, so any fee should only be for time, not for sexual contact. The problem here is to convince a jury perhaps that sex wasn't "implied" A judge MIGHT see the fine line difference better than a hockey mom and retired folks jury?
  
   
• "Sexual conduct" means sexual contact, sexual intercourse, oral sexual contact or sadomasochistic abuse. Abuse?
   
• "Sexual contact" means any direct or indirect fondling or manipulating of any part of the genitals, anus or female breast. (No breast massage even if none sexual like I enjoy doing at strip clubs in Canada and get such great response from dancers. BUT how about a Dr doing breast exams unless a specific exemption?
  
  
• "Sexual intercourse" means penetration into the penis, vulva or anus by any part of the body or by any object. How do you penetrate into the penis...ouch. just thinking of it!   Usually it is the penis that is doing the penetration. I guess if you have an STD test and they stick something up your penis, or use a catheter  that is sexual intercourse?
  
  
• "Sadomasochistic abuse" means flagellation or torture by or on 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.
  
  
• "House of prostitution" means any building, structure or place that is used for the purpose of prostitution or lewdness or where acts of prostitution occur.