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What is Sex Trafficking in Arizona A.R.S. 13-1307?

Sex trafficking is a related offense to kidnapping because of the moving of persons without their consent and against their will for the purposes of engaging in sex. Sex trafficking, A.R.S. 13-1307, is to traffic another person eighteen years old or older by:

  1. For prostitution, sexually explicit performance by deception, force or coercion, or
  2. Know a person will engage in prostitution or sexually explicit performance by deception, force or coercion

If the person is under eighteen years old it is unlawful to:

  1. Cause the minor to engage in prostitution or sexually explicit performance, or
  2. Know the minor will engage in prostitution or sexually explicit performance.

What are the Penalties for Sex Trafficking in Arizona A.R.S. 13-1307.

The penalties are different for causing someone eighteen or older to engage in any sex act than for a person under eighteen years old. The penalty for causing a minor to engage in sex is more severe.

Sex trafficking in Arizona, A.R.S. 13-1307, is a class 2 felony and carries a mitigated sentence of 3 years; a minimum of 4 years; a presumptive 5 years; a maximum 10 years; and a mitigated sentence of 12.5 years. If the victim is under eighteen years old the sentence is consecutive to any other sentence which may be imposed. If the victim is under eighteen years old the offense is considered a dangerous crime against children.

Defenses to a Crime of Sex Trafficking in Arizona A.R.S. 13-1307.

Defending against charges of sex trafficking in Arizona requires a comprehensive understanding of the specific circumstances of the case. Sex trafficking charges are serious and complex, involving allegations of compelling individuals into commercial sex acts through force, fraud, or coercion. Here are some potential defenses that might be raised:

  1. Lack of Force, Fraud, or Coercion: Sex trafficking charges typically require the element of force, fraud, or coercion. If the defense can establish that the alleged actions did not involve these elements, it may be a valid defense.

  2. Consent: If the defense can show that the individuals involved engaged in commercial sex acts voluntarily and without coercion, this may be a defense. However, it's important to note that the legal system may not recognize consent in certain situations, especially if there are elements of force or exploitation.

  3. Mistaken Identity: If there is doubt about the identification of the accused as the person responsible for sex trafficking, the defense may argue that the accused was wrongly identified.

  4. Victim's Credibility: The defense may challenge the credibility of the alleged victim, questioning their statements and reliability as a witness. This could involve demonstrating inconsistencies in their testimony or presenting evidence that undermines their credibility.

  5. Lack of Knowledge: If the accused did not have knowledge of the alleged sex trafficking activities or was not directly involved, this may be a defense. However, it may be challenging to establish lack of knowledge in some cases.

  6. Constitutional Violations: The defense may examine whether there were any violations of the accused person's constitutional rights during the investigation or arrest, such as violations of the Fourth Amendment (unreasonable search and seizure) or Fifth Amendment (Miranda rights).

  7. Duress: If the accused can show that they engaged in sex trafficking activities due to threats or coercion against themselves or their loved ones, this may be considered a defense.

  8. Alibi: the accused asserts that they were somewhere else at the time the alleged crime occurred and, therefore, could not have committed the offense
  9. Mere presence:

    being present at the location where a crime occurred does not necessarily mean the person participated in, aided, or abetted the criminal act.

It's important to emphasize that these are general categories, and the effectiveness of any defense strategy depends on the unique facts of the case. Sex trafficking cases are complex, and consulting with an experienced criminal defense attorney is crucial for developing an effective defense strategy tailored to your circumstances. Legal professionals can assess the details of the case, challenge evidence, and protect the rights of the accused throughout the legal process. If you or someone you know is facing sex trafficking charges in Arizona, seeking legal representation as soon as possible is essential.

Brian Di Pietro Law, PLLC Arizona's Tough Experienced Aggressive Sexual Offense Lawyer

Contact Brian Di Pietro Law, PLLC today for a free case evaluation about your pending sex trafficking case in Arizona. Brian Di Pietro is an experienced, tough, aggressive Phoenix criminal defense attorney who will work hard to fight the charges against you to achieve the most favorable outcome for your particular sex trafficking charge. Contact now Brian Di Pietro Law, PLLC at 623-242-2655, for a free confidential case evaluation about your sex trafficking charge in Arizona.

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