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:
- For prostitution, sexually explicit performance by deception, force or coercion, or
- 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:
- Cause the minor to engage in prostitution or sexually explicit performance, or
- 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.
- Mere presence
- Insufficiency of state's evidence
- Mistaken identity
- The victim reasonably appeared to be over eighteen years old and the defendant had no reason to believe the victim was not over eighteen years old.
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