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New Arizona law sends message: Pimps are no longer welcome here
October 12, 2010
Child rape for profit, also known as prostitution with minors, has been big business in Arizona for decades, in part due to legislative wording that gave perpetrators an easy defense. A law was passed in the state legislature in May, 2010, which mandates stiffer penalties to pimps and “johns” who commercially sexually abuse children under eighteen.
The original statute (A.R.S. 13-3212-13) dealing with child prostitution recognized sexual renting of children under fifteen as a Class 2 felony and a dangerous crime against children. The law prescribes a sentence of 7-21 years incarceration for the first offense. However, for engaging in commercial sex with youth fifteen to seventeen years old, the perpetrator could get by with as little 15 days in jail if he claimed he did not know the child was a minor. In that case, the crime was considered a Class 1 misdemeanor.
As a result of this very lenient law, the Phoenix area became a magnet for child prostitution in many forms. It is commonly known that big sporting events such as the Super Bowl in Phoenix (2008) attract pimps and their girls from across the country. The tourist industry creates another draw, and the good weather allows street walking through much of the year. Some pimps and their entourage have moved to the city even from Las Vegas, where the child prostitution laws are much stricter.
House Bill 2699 was introduced in the Arizona legislature in 2010 in part though the work of the Center for Arizona Policy (CAP). The non-profit lobbying group began working with state legislators after Director Cathi Herrod learned about the “predator loophole” in the existing law. The mission was to mandate heavier penalties for pimps and “johns” and eliminate the defense that the age of the victim was not known.
The hard work of the CAP team paid off, and in May, 2010, Governor Janet Brewer signed HB 2699 into law at the offices of StreetLight Phoenix. This new non-profit is gearing up to become the largest safe house in America for rescuing and rehabilitating underage girls who have been forced into prostitution.
Now, although there is still a lesser penalty for not knowing the prostitute was a minor, there is a presumptive sentence of 10.5 years in prison for knowingly engaging in paid sexual acts with someone under eighteen. The crime is classified as a Class 2 felony and as a dangerous crime against children, and perpetrators are required to file as sex offenders.
There has been a groundswell of churches, government agencies, non-profit organizations and individuals who are gathering and rising up against sex-trafficking of minors. This activity, coupled with Arizona’s legislation, sends a loud and clear message to the predators and exploiters: Child rape for profit will not be tolerated in our community, and we will work hard to rescue the children and bring justice to the perpetrators.
The current wording of ARS 13-3212 sets forth these penalties in contrast to the previous statute:
Old law:
If victim is Under 15 (New law is unchanged for this level)
* 1st offense for perpetrator
* Class 2 felony
* Dangerous crime against children
* 7-21 years in prison (14-35 years for 2nd or 3rd offense)
* required to register as sex offender
If victim is 15-17 and age is known by perpetrator
* 1st offense for perpetrator
* Class 2 felony
* 3-10 years in prison (7-21 years for 2nd or 3rd offense)
2nd or 3rd offense additional requirements
* Dangerous crime against children
* required to register as sex offender
If victim is 15-17 and age is NOT known by perpetrator
* 1st offense for perpetrator
* Class 1 misdemeanor
* 15 days-6 months in jail
2nd or 3rd offense additional requirements
* 30 days-6 months in jail
3 or more offenses
* Class 5 felony
* minimum 180 days in prison
New law:
If victim is 15-17 and age is known by perpetrator
* 1st offense for perpetrator
* Class 2 felony
* 7-21 years in prison (14-35 years for 2nd or 3rd offense)
* Dangerous crime against children
* required to register as sex offender
If victim is 15-17 and age is NOT known by perpetrator
* 1st offense for perpetrator
* Class 6 felony
* 180 days minimum sentence (1-2.25 years for 2nd or 3rd offense)
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