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Posted on: March 13, 2012

County Attorney Comments on Possible Move of California Pornographic Film Production to Arizona

PHOENIX, AZ (March 13, 2012) - In light of recent reports of the possibility of individuals engaged in the production of pornography moving to Arizona from California, the Maricopa County Attorney issued the following statement:

Under Arizona law, anyone paid to appear in a pornographic movie may be guilty of the crime of prostitution, which carries mandatory jail time as well as the possibility of other penalties. Furthermore, anyone involved in other aspects of producing pornographic movies, including soliciting individuals to appear, collecting a fee from the monies received by individuals solicited to appear by virtue of an agent relationship, transporting individuals from California to Arizona for the purpose of appearing in a pornographic movie, and/or establishing a venue for the filming and/or production of pornographic movies may be guilty of committing one or several felonies in the state of Arizona. Accordingly, Arizona law precludes the establishment of a “pornography industry” to any degree such as that present in California.

BACKGROUND:

NOTE: claims that porn is being produced in Arizona now simply mean that people may be currently violating these same statutes and are also subject to prosecution.

§ 13-3201. Enticement of persons for purpose of prostitution; classification
A person who knowingly entices any other person into a house of prostitution, or elsewhere, for the purpose of prostitution with another person, is guilty of a class 6 felony.

§ 13-3203. Procuring or placing persons in house of prostitution; classification
A person who knowingly receives money or other valuable thing, for, or on account of, procuring or placing in a house of prostitution, or elsewhere, any person for the purpose of prostitution is guilty of a class 5 felony.

§ 13-3204. Receiving earnings of prostitute; classification
A person who knowingly receives money or other valuable thing from the earnings of a person engaged in prostitution, is guilty of a class 5 felony.

§ 13-3208. Keeping or residing in house of prostitution; employment in prostitution; classification
A. A person who knowingly is an employee at a house of prostitution or prostitution enterprise is guilty of a class 1 misdemeanor.
B. A person who knowingly operates or maintains a house of prostitution or prostitution enterprise is guilty of a class 5 felony.

§ 13-3209. Pandering; definitions; methods; classification
A person is guilty of a class 5 felony who knowingly:
1. Places any person in the charge or custody of any other person for purposes of prostitution.
2. Places any person in a house of prostitution with the intent that such person lead a life of prostitution.
3. Compels, induces or encourages any person to reside with that person, or with any other person, for the purpose of prostitution.
4. Compels, induces or encourages any person to lead a life of prostitution.

§ 13-3210. Transporting persons for purpose of prostitution or other immoral purpose; classification; venue
A person knowingly transporting by any means of conveyance, through or across this state, any other person for the purposes of prostitution or concubinage, or for any other immoral purposes, is guilty of a class 5 felony. The prosecution of such person may be in any county in which such person is apprehended.

§ 13-3211. Definitions
1. “Employee” means a person who conducts lawful or unlawful business for another person under a master-servant relationship or as an independent contractor and who is compensated by wages, commissions, tips or other valuable consideration.
2. “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.
3. “Operate and maintain” means to organize, design, perpetuate or control. Operate and maintain includes providing financial support by paying utilities, rent, maintenance costs or advertising costs, supervising activities or work schedules, and directing or furthering the aims of the enterprise.
. . .
5. “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.
6. “Prostitution enterprise” means any corporation, partnership, association or other legal entity or any group of individuals associated in fact although not a legal entity engaged in providing prostitution services.

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