New Arizona law will make it a felony to pay for sex

Legislation set to take effect in September would make it a felony to pay for sex.

It's already a misdemeanor, and there are mandatory minimum 15-day jail terms for a first offense, going up to six months behind bars for those convicted three or more times.

House Bill 2720, approved with bipartisan support, adds a mandatory $200 fine for customers, above and beyond anything imposed by the court. The money collected will be earmarked for special programs to help victims of sex trafficking.

At the same time, the new law contains other provisions designed to assist those who want to get out of sex work.

Most notably, it strengthens existing law that allows someone convicted of prostitution to have that conviction vacated if a judge determines the person's participation in the crime "was a direct result of being a victim of sex trafficking.''

What's new is that under those circumstances, a judge will be required to seal all records relating to the person's arrest, conviction and sentence — giving what backers of the measure say is a fresh start to be able to seek employment and housing without having a record.

Democratic Sen. Flavio Bravo said the measure is the work of years of negotiations. It "reflects understanding that the status quo was not working," said Bravo, who represents a portion of Phoenix known for the prevalence of prostitutes on the streets.

"Together, we as lawmakers, local leaders, advocates, and community members recognize that we needed a smarter approach,'' he said.

A key aspect of that, according to Prescott Republican Rep. Selina Bliss, is reducing the demand by making it a felony to solicit prostitutes. Until now, the law did not differentiate between customers and prostitutes, with both facing the same misdemeanor charge.

Bliss also hailed the provision about not just vacating the criminal convictions of prostitutes whom a court determines were victims of sex trafficking, but also sealing the records "so that those that are trafficked can pursue jobs and housing,'' opportunities that otherwise might not be available with a criminal record.

Democratic Gov. Katie Hobbs, who did a ceremonial bill signing Thursday, said it was time to scrap the laws that provided no differentiation between offering sex for money and paying for it.

"This approach completely ignores the fact that, statistically, the sex worker is very likely a victim while the consumer is almost certainly engaging in this illicit activity by choice,'' she said.

"Why, then, are we treating the victim the same as the offender?'' Hobbs asked rhetorically. "This is not the way the system is supposed to work.''

'Have you met our Legislature?'

Prostitution once was legal in Arizona, not just in territorial days but also for six years after statehood in 1912.

There have been spotty movements to legalize it, like a small demonstration by fewer than a dozen sex workers in 2023 when Arizona was host to the Super Bowl. But there have been no proposals introduced at the Capitol in recent memory to decriminalize it or, as in the case of Nevada, make it a local option.

Would legalization — with regulations, licensing, oversight, and areas set aside for the business — be a better solution than having police out looking for prostitutes and their customers?

"That is not something that I have heard talked about as a solution at all,'' Hobbs responded when asked at Thursday's signing. "I'm not saying that it's not a possible solution. But have you met our Legislature?''

Even if it were politically achievable, Hobbs said she's not convinced it solves all the problems wrapped around prostitution.

"I don't think there is any evidence that that would address the real issues of victimization and exploitation and trafficking that we've all talked about,'' Hobbs said. "And, possibly, even, taking the criminal consequences off the demand side could have the potential of making that worse.''