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

On November 5, 2024, the State of Arizona voted on whether or not those accused of child sex trafficking should face mandatory prison for life with no possibility of parole. The measure was called Proposition 313 and it required a majority to pass.

Prior to Proposition 313, individuals accused of sex trafficking minors could face varying amounts of time in prison depending on the victim’s age and there was no mandatory life sentence. According to the National Human Trafficking Hotline, hundreds of child trafficking cases happen each year in Arizona and many people, including many law enforcement, thought there should be stricter penalties for child sex trafficking.

When the votes were counted in November of 2024, Proposition 313 passed with an astounding 65% of the voters advocating for the new lifetime mandatory sentence. This measure has serious ramifications if you are facing accusations for child sex trafficking even if it was an undercover sting where a police officer was posing as a child. Clients charged with child sex trafficking now face a lifetime in prison which is why it is essential to reach out to a skilled sex crimes lawyer.

What Defines Child Sex Trafficking?

Child sex trafficking designated as a Class 2 felony in Arizona. It is defined as knowingly causing a minor to engage in prostitution or any other sexually explicit activity. The activity includes knowingly: 

• Causing a minor to engage in prostitution, to allow a minor in your custody to engage in prostitution, or to use a child for prostitution.
• Gaining a benefit for putting a minor in charge of another for the purpose of prostitution.
• Financing, controlling or being involved in any way in prostitution involving a minor.
• Transporting or paying for transport of a minor with the intent of prostitution.
• Providing a way for a minor to engage in prostitution.
• Enticing, recruiting, or harboring a minor for the purposes of prostitution.
• Engaging in prostitution with a minor under the age of 18.

It is possible to be falsely accused of this crime for several reasons such as:  if your actions were misinterpreted; if someone falsely accused you maliciously;  or if  you were mistakenly identified as the perpetrator. Whether you were falsely accused or not, a sex crimes lawyer can help you create a strong defense in order to be exonerated or to have certain penalties reduced. This is especially crucial now that Proposition 313, which ushers in lifetime prison, is in place.

Penalties For Child Sex Trafficking: Before & After Proposition 313

Prior to Proposition 313, the penalties for child sex trafficking varied based on the circumstances:

• For victims who were 15 years old or older, the perpetrator was required to spend a minimum of 10 years in prison.
• If the victim was under 15 years old, the minimum sentence increased to 13 years.

Prior to November 5, 2024, those accused of child sex trafficking could face life imprisonment, but it was not always the case and probation was still an option, depending on circumstances and judicial discretion. 

Now that Proposition 313 is in place, the penalties are governed by mandatory life sentences. Today anyone who is accused of class 2 felony, child sex trafficking, faces a mandatory lifetime sentence with no possibility of parole. Proposition 313 has stripped the Prosecutors and Judges of  the ability to use their discretion when negotiating and imposing sentences.

Defenses That Can Be Used For Child Sex Trafficking After Proposition 313

While Proposition 313 does not allow for any flexibility in penalties for those accused of, class 2 felony, child sex trafficking, many of the legal defenses can still apply. To establish and assert these legal defenses, it is absolutely essential to have an experienced sex crimes lawyer in Arizona working on your case.  These defenses will require careful strategy, compelling evidence, and meticulous investigation. The legal defenses for child sex tracking often include:

• Lack Of Intent Or Knowledge: There must be proof that the accused knowingly engaged in the activity. It is possible to show that they were unaware of the age of the minor or that the minor was being exploited.
• Mistaken Identity: If the accused was misidentified, especially if the case relies on witness testimony or circumstantial evidence, this strong defense can be employed.
• False Accusations: In some cases, the accuser may have ulterior motives or maybe there was a misunderstanding and therefore a false accusation.
• Entrapment: Law enforcement has been known to induce individuals to commit a crime they otherwise would not have committed.
• Lack Of Evidence: A sex crimes lawyer can challenge how much evidence the prosecution has and whether or not it is admissible. This defense can lead to reduced charges or even dismissal.
• Age Misrepresentation: In certain circumstances, the accused may have been misled as to how old the minor truly was, creating a defense.
• Constitutional Violations: Evidence used by the court must be obtained lawfully and if it is not done lawfully, such as through an illegal search and seizure, then the evidence can be suppressed.
• Coercion Or Duress: Coercion can be a defense if the accused was forced or threatened to participate in trafficking activities.

VS Criminal Defense Attorneys: Representing Defendants Against Serious Sex Crime Charges

Being accused of a sex crime can lead to serious consequences and the introduction of Proposition 313 has made the penalties for child sex trafficking life-altering. Whether you are falsely accused or not, our Phoenix sex crimes lawyers  at VS Criminal Defense have the experience necessary to defend your case to ensure your rights and freedoms are protected. 

Don’t wait to hire a lawyer, reach out to our law firm today to get started with a consultation.