Arizona Proposition 313: What It Means For Those Accused Of Sex Trafficking Crimes

On November 5, 2024, Arizona voters passed Proposition 313, a measure that significantly increased the penalties for those convicted of child sex trafficking. This law is now in effect and applies to any qualifying offenses committed on or after that date. Under the revised sentencing rules, anyone convicted under A.R.S. § 13-3212 faces a mandatory sentence of life in prison without the possibility of parole.

This change has serious consequences, particularly for defendants who are accused in undercover sting operations where law enforcement poses as minors. With no possibility of parole or sentence reductions, it is more important than ever to understand the law and secure experienced legal representation.

What Is Child Sex Trafficking Under Arizona Law?

Arizona law defines child sex trafficking under A.R.S. § 13-3212 as a class 2 felony. The statute includes a wide range of conduct involving minors under the age of 18. A person can be charged if they knowingly:

• Cause, permit, or encourage a minor to engage in prostitution.
• Receive any benefit from a minor’s involvement in prostitution.
• Recruit, entice, harbor, transport, or provide a minor for the purpose of prostitution.
• Engage in prostitution with a minor.
• Finance or control prostitution involving a minor.
• Transport a minor with the intent that they engage in prostitution.

Importantly, the law does not always require that the defendant knew the minor’s age. In many cases, the state can prosecute based on strict liability.

Penalties Before and After Proposition 313

Before Proposition 313 passed, the sentencing range for child sex trafficking depended on the age of the victim and other circumstances. If the victim was 15 or older, the defendant faced a minimum of 10 years in prison. If the victim was under the age of 15, the minimum sentence increased to 13 years. In certain situations, early release, probation, or plea deals were possible depending on the case.

With Proposition 313 now in effect, any person convicted of child sex trafficking under A.R.S. § 13-3212 is automatically sentenced to life in prison without the possibility of parole. Prosecutors no longer have discretion to offer reduced charges or negotiated sentences. Judges also have no authority to impose anything less than life imprisonment.

This change applies even in cases where the alleged victim is fictitious, such as in internet sting operations where no real child exists.

How Sting Operations Lead to Charges

In many modern cases, there is no real child involved. Instead, law enforcement agents pose as minors or as third parties such as a parent, pimp, or guardian. These stings often take place on platforms like Snapchat, Kik, Craigslist, or Whisper. Despite the fictitious nature of the “victim,” Arizona law treats attempted trafficking the same as actual trafficking when it involves a minor.

Because attempted trafficking and solicitation can lead to mandatory life imprisonment under Proposition 313, it is essential to understand your rights and build an immediate legal defense.

Legal Defenses That May Still Apply

Although Proposition 313 imposes a mandatory life sentence upon conviction, legal defenses are still available and can lead to reduced charges, dismissal, or acquittal. Common defenses include:

Lack of Intent or Knowledge

The prosecution must prove that the accused knowingly engaged in trafficking. If the defendant did not know the person involved was a minor or was unaware of the nature of the conduct, this may be a viable defense.

Mistaken Identity

In cases that rely on eyewitness testimony or digital evidence, it is possible to show that the accused was misidentified.

False Accusations

Motivations such as revenge, jealousy, or misunderstanding can lead to wrongful allegations.

Entrapment

When law enforcement persuades or pressures someone into committing an offense they would not have otherwise committed, the defense of entrapment may apply.

Lack of Evidence

A thorough review of the prosecution’s case may reveal gaps in the evidence, chain of custody issues, or inadmissible material.

Age Misrepresentation

If the accused was misled to believe the individual was over 18, this could support a good faith defense in some circumstances.

Constitutional Violations

If police violated the defendant’s constitutional rights, such as through unlawful searches or seizures, the evidence may be excluded from trial.

Coercion or Duress

This defense may be available if the accused was forced or threatened into participating in trafficking conduct.

Why Legal Representation Is Critical

Facing charges under Arizona’s child sex trafficking laws is among the most serious legal situations a person can encounter. The impact of Proposition 313 means there is no room for error or delay. Even if no actual child was involved and the case arose from a police sting, the penalty remains the same: life in prison without parole.

At VS Criminal Defense Attorneys, we understand how devastating these charges can be. We know how to build strong defenses, challenge the prosecution’s evidence, and protect our clients’ rights at every stage. Whether your case involves online communications, undercover officers, or mistaken identity, our legal team is prepared to fight for you.

Contact VS Criminal Defense Attorneys

If you or a loved one is facing accusations under Arizona’s child sex trafficking laws, now is the time to act.  Call our office to schedule a confidential consultation. We represent clients across Phoenix, Maricopa County, and throughout the state of Arizona.

The consequences of Proposition 313 are life-changing. Let our experienced attorneys at VS Criminal Defense Attorneys help you protect your freedom and your future.