allegations.
There are several laws relating to prostitution, specifically related to the person performing prostitution, the person paying for the prostitution, a person maintaining a place of prostitution, and more. Give the experienced Jacksonville criminal defense lawyer of
LGL a call to discuss your particular case.
What is Prostitution?
Prostitution is defined in
Florida Statute Section 796.07(2)(e). To prove the crime of prostitution, the State must prove:
- You offered to commit, committed, or engaged in prostitution, lewdness, or assignation.
"Prostitution" is the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.
What is Solicitation of Prostitution?
Solicitation of Prostitution, is basically attempting to pay or paying for sex, is defined in Florida Statute Section 796.07(2)(f). In order to prove Solicitation of Prostitution, the State must prove:
- You solicited, induced, enticed, or procured another to commit prostitution, lewdness or assignation.
What is "lewdness?"
"Lewdness" is any indecent of obscene act.
What does "indecent" mean?
"
Indecent" means wicked, lustful, unchaste, licentious, or sensual intention on the part of the person doing the act.
What does "sexual activity" mean?
"
Sexual activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; anal or vaginal penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation; however, the term does not include acts done for bona fide medical purposes.
What does "assignation" mean?
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Assignation" includes the making of any appointment or engagement for prostitution or lewdness or nay act in furtherance of such appointment or engagement.
What if I didn't engage in sex or pay for it?
Most Solicitation of Prostitution cases involve an undercover officer posing as a prostitute and obtaining a conversation about exchanging money for sex on a recording device. The State doesn't have to prove that you or the other person went through with any portion of the sexual act or exchanging of money. They simply have to prove that you solicited sex for money, which means that you offered money for sex.
What are some other prostitution laws?
In addition to Prostitution and Solicitation of Prostitution described above,
Florida Statute Section 796.07 also includes the following acts as prostitution crimes:
- to own, establish, maintain, or operate any place, structure, building, or conveyance for the purpose of lewdness, assignation, or prostitution\
- to offer, or to offer or agree to secure, another for the purpose of prostitution or for any other lewd or indecent act
- to receive, or to offer or agree to receive any person, into a place, structure, building or conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to remain there for such purpose
- to direct, take or transport, or to offer or agree to direct, take or transport, any person to any place, structure, or building, or to any other person, with knowledge or reasonable cause to believed that the purpose of such directing, taking or transporting is prostitution, lewdness, or assignation
- to reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution, lewdness, or assignation
- to aid, abet, or participate in any of the acts or things enumerated above
- to purchase the services of any person engaged in prostitution
What are the potential sentences for prostitution?
First Offense
Up to 60 days
Second Offense
Up to 1 year in jail
Third or Subsequent Offense
Up to 5 years in prison
(shall be offered pretrial intervention program or substance abuse program -
See
Florida Statute Section 796.07(5))
* There is a $5,000 civil penalty if you receive a withhold of adjudication or adjudication of guilt on a Solicitation of Prostitution offense.
A person convicted of a prostitution offense must submit to STD screening and treatment and counseling if positive.
What if I had an STD or HIV and committed or solicited prostitution?
Florida Statute Section 796.08 provides for a separate crime of engaging in prostitution or solicitation of prostitution when you tested positive for an STD or HIV.
If you tested positive for an STD, knew you had an STD, and engaged in prostitution or solicitation of prostitution, you would be facing up to a year in jail.
If you had HIV, tested positive and knew you had HIV and committed or solicited prostitution, you would be facing up to 5 years in prison.
What are the possible defenses to Prostitution?
The most common defense to prostitution cases is that there was agreement to exchange money for sex. The person is often arrested before any act of sex or any act of exchanging money is attempted or completed, so the cases often rest on what evidence the State has relating to the conversation between the two people. Often, recordings are unintelligible or conversations are hard to understand and law enforcement proclaims that the conversation was about exchanging money for sex, when the actual recording does not support the accusation. Sometimes law enforcement crosses the line and entices a person to solicit prostitution when they weren't predisposed to it. In these cases, an entrapment defense may be viable. Every case is different. Give us a call to discuss your prostitution case.
If you or a loved one has been arrested for or accused of
a Prostitution charge,
Call LASNETSKI GIHON LAW Now!
Florida Criminal Defense Attorney
904-642-3332 (Jacksonville)