In this chapter, unless the context otherwise requires:
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.
4. "Oral sexual contact" means oral contact with the penis, vulva or anus.
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.
7. "Sadomasochistic abuse" means flagellation or torture by or on a person who is nude or clad in undergarments or in revealing or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.
8. "Sexual conduct" means sexual contact, sexual intercourse, oral sexual contact or sadomasochistic abuse.
9. "Sexual contact" means any direct or indirect fondling or manipulating of any part of the genitals, anus or female breast.
10. "Sexual intercourse" means penetration into the penis, vulva or anus by any part of the body or by any object.
Notes of Decisions
Cited in
15
cases (
3 in the last 5 years), 1985–2026 · leading case:
State v. Taylor, 808 P.2d 314 (Ariz. Ct. App. 1990).
State v. Taylor, 808 P.2d 314 (Ariz. Ct. App. 1990).
· cites it 16× “” A.R.S. § 13-3211(3) (1989) provides, ‘“Operate and maintain’ means to organize, design, perpetuate or control.”
State v. McDonald, 952 P.2d 1188 (Ariz. Ct. App. 1998).
· cites it 7× “section 13-3211 (1989) (Definitions regarding prostitution).”
State v. Loughran, 693 P.2d 1000 (Ariz. Ct. App. 1985).
· cites it 4× “Appellant argues that since solicitation of prostitution is dealt with under A.R.S. §§ 13-3211 and 13-1002, solicitation of prostitution is not within the grant of police power found in A.”
Files v. Bernal, 22 P.3d 57 (Ariz. Ct. App. 2001).
“Section 13-3211(5) defines “prostitution” as the “engaging in or agreeing or offering to engage in sexual conduct with another person under a fee arrangement with that person or any other person.”
State v. Rowan, 848 P.2d 864 (Ariz. Ct. App. 1992).
· cites it 4× “A.R.S. § 13-3211(3) provides that “operate and maintain” means “to organize, design, perpetuate or control” and “includes providing financial support by paying utilities, rent, maintenance costs or advertising costs, supervising activities or work schedules, and directing or…”
Duenas v. Oro Valley, Town of (D. Ariz. 2021).
· cites it 9× “” A.R.S. § 13-3211(2). A “prostitution 25 enterprise” is defined as “any corporation, partnership, association or other legal entity or 26 any group of individuals associated in fact although not a legal entity engaged in providing 27 prostitution services.”
State v. Gehon (Ariz. Ct. App. 2017).
· cites it 6× “See A.R.S. § 13-3211(3) (defining “maintain” as including the payment of “utilities, rent, maintenance costs, or advertising costs, supervising activities or work schedules, and directing or furthering the aims of the enterprise”).”
State v. Lacy (Ariz. Ct. App. 2019).
· cites it 5× “A.R.S. § 13-3211(2), (5). Section 13-3211(3) defines “operates and maintains” as “to organize, design, perpetuate or control.”
State v. Brown (Ariz. Ct. App. 2016).
· cites it 4× “” A.R.S. § 13-3211(5). “Sexual conduct” is defined as “sexual contact, sexual intercourse, oral sexual contact or sadomasochistic abuse.”
State v. Hartwell (Ariz. Ct. App. 2019).
· cites it 4× “¶19 Under A.R.S. § 13-3211(5), “‘[p]rostitution’ 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.”
Ding, 27 I. & N. Dec. 295 (2018).
“100 (a) (1994); Ariz. Rev. Stat. Ann. § 13-3211 (5) (1994); Ark.”
State v. Elise (Ariz. Ct. App. 2018).
· cites it 2× “” A.R.S. § 13-3211. Elise argued at trial, and again on appeal, that the “sexual healing” offered at the Temple was religiously motivated, separate and unrelated to the 4 STATE v.”
— Ariz. Rev. Stat. § 13-3211(2) — 3 cases
State v. McDonald, 952 P.2d 1188 (Ariz. Ct. App. 1998).
“section 13-3211 (1989) (Definitions regarding prostitution).”
State v. Lacy (Ariz. Ct. App. 2019).
“A.R.S. § 13-3211(2), (5). Section 13-3211(3) defines “operates and maintains” as “to organize, design, perpetuate or control.”
Duenas v. Oro Valley, Town of (D. Ariz. 2021).
“” A.R.S. § 13-3211(2). A “prostitution 25 enterprise” is defined as “any corporation, partnership, association or other legal entity or 26 any group of individuals associated in fact although not a legal entity engaged in providing 27 prostitution services.”
— Ariz. Rev. Stat. § 13-3211(3) — 6 cases
State v. McDonald, 952 P.2d 1188 (Ariz. Ct. App. 1998).
“section 13-3211 (1989) (Definitions regarding prostitution).”
State v. Taylor, 808 P.2d 314 (Ariz. Ct. App. 1990).
“” A.R.S. § 13-3211(3) (1989) provides, ‘“Operate and maintain’ means to organize, design, perpetuate or control.”
State v. Rowan, 848 P.2d 864 (Ariz. Ct. App. 1992).
“A.R.S. § 13-3211(3) provides that “operate and maintain” means “to organize, design, perpetuate or control” and “includes providing financial support by paying utilities, rent, maintenance costs or advertising costs, supervising activities or work schedules, and directing or…”
State v. Gehon (Ariz. Ct. App. 2017).
“See A.R.S. § 13-3211(3) (defining “maintain” as including the payment of “utilities, rent, maintenance costs, or advertising costs, supervising activities or work schedules, and directing or furthering the aims of the enterprise”).”
State v. Lacy (Ariz. Ct. App. 2019).
“A.R.S. § 13-3211(2), (5). Section 13-3211(3) defines “operates and maintains” as “to organize, design, perpetuate or control.”
— Ariz. Rev. Stat. § 13-3211(5) — 8 cases
State v. Taylor, 808 P.2d 314 (Ariz. Ct. App. 1990).
“” A.R.S. § 13-3211(3) (1989) provides, ‘“Operate and maintain’ means to organize, design, perpetuate or control.”
Files v. Bernal, 22 P.3d 57 (Ariz. Ct. App. 2001).
“Section 13-3211(5) defines “prostitution” as the “engaging in or agreeing or offering to engage in sexual conduct with another person under a fee arrangement with that person or any other person.”
State v. Hartwell (Ariz. Ct. App. 2019).
“¶19 Under A.R.S. § 13-3211(5), “‘[p]rostitution’ 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.”
State v. Brown (Ariz. Ct. App. 2016).
“” A.R.S. § 13-3211(5). “Sexual conduct” is defined as “sexual contact, sexual intercourse, oral sexual contact or sadomasochistic abuse.”
State v. Gehon (Ariz. Ct. App. 2017).
“See A.R.S. § 13-3211(3) (defining “maintain” as including the payment of “utilities, rent, maintenance costs, or advertising costs, supervising activities or work schedules, and directing or furthering the aims of the enterprise”).”
— Ariz. Rev. Stat. § 13-3211(6) — 4 cases
State v. Rowan, 848 P.2d 864 (Ariz. Ct. App. 1992).
“A.R.S. § 13-3211(3) provides that “operate and maintain” means “to organize, design, perpetuate or control” and “includes providing financial support by paying utilities, rent, maintenance costs or advertising costs, supervising activities or work schedules, and directing or…”
State v. Gehon (Ariz. Ct. App. 2017).
“See A.R.S. § 13-3211(3) (defining “maintain” as including the payment of “utilities, rent, maintenance costs, or advertising costs, supervising activities or work schedules, and directing or furthering the aims of the enterprise”).”
State v. Lacy (Ariz. Ct. App. 2019).
“A.R.S. § 13-3211(2), (5). Section 13-3211(3) defines “operates and maintains” as “to organize, design, perpetuate or control.”
Duenas v. Oro Valley, Town of (D. Ariz. 2021).
“” A.R.S. § 13-3211(2). A “prostitution 25 enterprise” is defined as “any corporation, partnership, association or other legal entity or 26 any group of individuals associated in fact although not a legal entity engaged in providing 27 prostitution services.”
— Ariz. Rev. Stat. § 13-3211(8) — 3 cases
State v. Taylor, 808 P.2d 314 (Ariz. Ct. App. 1990).
“” A.R.S. § 13-3211(3) (1989) provides, ‘“Operate and maintain’ means to organize, design, perpetuate or control.”
State v. Brown (Ariz. Ct. App. 2016).
“” A.R.S. § 13-3211(5). “Sexual conduct” is defined as “sexual contact, sexual intercourse, oral sexual contact or sadomasochistic abuse.”
Duenas v. Oro Valley, Town of (D. Ariz. 2021).
“” A.R.S. § 13-3211(2). A “prostitution 25 enterprise” is defined as “any corporation, partnership, association or other legal entity or 26 any group of individuals associated in fact although not a legal entity engaged in providing 27 prostitution services.”
— Ariz. Rev. Stat. § 13-3211(9) — 2 cases
State v. Taylor, 808 P.2d 314 (Ariz. Ct. App. 1990).
“” A.R.S. § 13-3211(3) (1989) provides, ‘“Operate and maintain’ means to organize, design, perpetuate or control.”
Duenas v. Oro Valley, Town of (D. Ariz. 2021).
“” A.R.S. § 13-3211(2). A “prostitution 25 enterprise” is defined as “any corporation, partnership, association or other legal entity or 26 any group of individuals associated in fact although not a legal entity engaged in providing 27 prostitution services.”
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