Florida’s Prostitution & Solicitation Laws
Prostitution and solicitation charges are serious offenses under Florida Statute §796.
The law defines prostitution as engaging in, promoting, or facilitating sexual activities in exchange for financial gain.
However, the law extends beyond simply buying or selling sexual services, encompassing a variety of activities related to the sex trade.
If you or someone you know is facing these charges, it’s important to understand the full scope of Florida’s prostitution and solicitation laws.
Offering or Engaging in Prostitution
Offering or engaging in prostitution involves the act of offering or agreeing to engage in sexual activity for money or something of value.
Solicitation refers to offering payment in exchange for sexual services or attempting to purchase such services.
Both parties involved in the transaction—whether the buyer or the seller—can face serious legal consequences.
Solicitation and prostitution charges often stem from undercover sting operations, where law enforcement officers pose as either buyers or sellers to catch individuals attempting to engage in illegal activity.
Establishing or Operating a Place of Prostitution
Florida’s laws also target those who establish or operate a place of prostitution. This includes individuals who:
- Own, host, rent, or live in a space where prostitution occurs.
- Allow a place they manage or control to be used for sexual activities in exchange for money.
It is important to note that knowingly permitting prostitution to occur at a property, even if you are not directly involved in the act, can result in criminal charges.
Coercion & Exploitation
Coercion and exploitation play a significant role in prostitution laws. Forcing or compelling someone into prostitution is a serious crime. This includes:
- Coercing someone into prostitution: Using threats, intimidation, or exploitation to make another person engage in prostitution.
- Aiding or abetting prostitution: Assisting, encouraging, or facilitating prostitution, such as recruiting individuals to participate in sex work.
- Employing a prostitute: Those who hire, manage, or oversee individuals engaging in prostitution can face additional penalties.
Florida law takes coercion seriously, particularly in cases involving minors or victims of human trafficking.
Transportation & Facilitation of Prostitution
Under Florida law, transporting or facilitating prostitution is illegal. Transportation or facilitation of prostitution includes:
- Driving or arranging transportation for someone to or from a location for the purpose of engaging in prostitution.
- Assisting in creating or facilitating situations where prostitution occurs, whether through arranging meetings, securing a location, or enabling communication between individuals involved in sex work.
If you help in any way to promote or facilitate prostitution, you may face criminal charges, even if you were not directly involved in the transaction.
Benefitting Financially from Prostitution
Another aspect of Florida’s prostitution laws is the criminalization of anyone who financially benefits from prostitution. This includes:
- Knowingly living with someone who is engaged in prostitution and financially supporting a household with those earnings.
- Receiving payment, rent, or other financial benefits from someone involved in prostitution.
In these cases, it doesn’t matter whether the person benefitting from prostitution was directly involved. Simply profiting from the act can result in severe legal consequences.
Penalties for Prostitution & Solicitation
The penalties for prostitution and solicitation in Florida vary depending on the circumstances of the case, including prior convictions and the specific nature of the offense. For a first-time offense, prostitution is typically a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. However, repeat offenders face more severe penalties, including:
- First-degree misdemeanor for a second offense.
- Third-degree felony for a third or subsequent offense, punishable by up to five years in prison and significant fines.
Collateral Consequences of a Prostitution Charge
In addition to legal penalties, a conviction for prostitution or solicitation can have collateral consequences that impact your life in unexpected ways, including:
- Loss of employment: Many employers conduct background checks, and a prostitution conviction can result in job loss or difficulty securing future employment.
- Damage to reputation: Being charged with prostitution can harm your personal and professional reputation, especially in your community.
- Housing difficulties: A criminal record may limit your ability to rent or purchase housing.
Are There Factors That Can Increase Sentencing?
Several factors can increase the severity of your sentence in prostitution-related charges. These include:
- Previous convictions: Repeat offenders face harsher penalties.
- Involvement of minors: If the case involves a minor or coercion, the charges and penalties will likely be more severe.
- Human trafficking: Cases linked to human trafficking carry significant additional penalties under state and federal law.
Can a Florida Prostitution Lawyer Help My Case?
Yes, hiring an experienced prostitution defense lawyer is critical in fighting these charges. A defense attorney can assess your case and explore possible defenses to reduce or dismiss the charges. Methods and defenses commonly used in prostitution cases include:
- Entrapment: If you were induced or coerced by law enforcement into committing the offense, your attorney could argue that you were a victim of entrapment.
- Lack of intent: In some cases, the prosecution may struggle to prove that you intended to engage in or solicit prostitution.
- Lack of evidence: A skilled attorney will investigate the evidence against you to determine if it was lawfully obtained and whether it is sufficient to support a conviction.
Having a
Avoid a Prostitution Conviction — Call Today
Prostitution and solicitation charges can have long-term consequences, but with the right legal defense, it may be possible to avoid a conviction or reduce the severity of the penalties.
The sooner you contact a sex crimes defense attorney, the better your chances of successfully fighting the charges.
At Mitkevicius Law, we understand the serious nature of these charges and the impact they can have on your life. Our team is dedicated to providing aggressive and experienced defense for those accused of prostitution-related offenses in Florida.
Call 850-361-2142 today to schedule your free consultation with a sexual crime defense lawyer. Don’t let a prostitution charge define your future—reach out for help and protect your rights.