Florida’s Prostitution Laws and Penalties

Florida has strict prostitution laws that criminalize activities related to prostitution facilitation, engagement, and solicitation, including offering, soliciting, or profiting from sex work. While it is unlawful to participate in prostitution itself, there are also prohibitions against related acts such as assignations, which are meetings or appointments arranged for the purpose of prostitution and procurement (pimping), where an individual persuades or hires another person to engage in prostitution, or offers prostitution services performed by another person.

If you or a loved one was arrested for prostitution or related sex crimes in Florida, it is a serious matter as the crime is prosecuted aggressively by the state, and punishments can be severe. As soon as you are charged, the prosecution starts to obtain evidence and build a case against you. You are likely to be facing fines, probation, and even imprisonment, depending on factors such as whether you have any prior convictions and the case’s specific circumstances. In addition, you will have a permanent criminal record that can damage your family and relationships, ruin prospects for education and a career, and keep you from obtaining benefits such as a student loan, a professional license, and housing and immigration benefits.

Your future is too important to fight these charges on your own. An experienced sex crime lawyer can provide you with the guidance and aggressive representation to fight to have your charges reduced or dismissed.

What Are Prostitution Laws in Florida?

Florida Prostitution Laws (Fla. Stat. § 796) deal with and prohibit multiple sexual offences.  Under the statutes, prostitution-related offenses include:

• Prostitution (§ 796.07) – Engaging in, offering, or agreeing to engage in sexual activity for money or other compensation.
• Solicitation – Asking someone to engage in prostitution.
• Pimping/Pandering – Causing, encouraging, or profiting from someone else’s prostitution. This includes forcing, compelling, or coercing another to become a prostitute or deriving support from the proceeds of prostitution.
• Maintaining a House of Prostitution – Owning, leasing, or operating a location used for prostitution, or renting space to be used for lewdness, assignation, or prostitution.
• Aiding and Abetting Prostitution – Helping facilitate or promote prostitution.

Penalties Under Florida’s Prostitution Laws

Under Florida’s laws, penalties for prostitution depend on the charge, the situation, and whether it’s a first or repeat offense. Penalties increase for subsequent offenses, as follows:

• For a first offense, you may face charges classified as a second-degree misdemeanor. Penalties include a maximum of 60 days in jail, a fine not exceeding $500, or both, and probation.
• Second Offense. A second offense becomes a first-degree misdemeanor, and can lead to a maximum of one year in prison, a fine of up to $1,000, or both.
• Third or Subsequent Offense. For subsequent offences, the charge increases to a 3rd-degree  felony, and may bring up to 5 years prison and a $5,000 fine. State law also allows the option of pre-trial admission to a substance abuse treatment or intervention program.

Charges become more severe if the offense involves the procurement of a person under the age of 18. In such cases, you may face a second-degree felony accusation, leading to a maximum of 15 years in prison, a fine of up to $10,000, or both.

There are also enhanced penalties for solicitation in certain zones, such as school zones. If convicted, you may also face community service and suspension of your driver’s license.

Defenses for Prostitution Charges in Florida

Because you are charged with prostitution, does not mean you will be convicted. Prosecutors have the burden of proving every element of a crime beyond a reasonable doubt. This means you do not have to prove that you were innocent; your attorney only has to show that the prosecutor’s evidence doesn’t prove guilt beyond a reasonable doubt. By techniques such as challenging witness testimony evidence through cross-examination to show inconsistencies or challenging forensic evidence, your attorney may be able to create enough doubt so that a favorable plea can be negotiated or the judge or jury may dismiss the case or find you not guilty.

Depending on the facts of your case, there are several potential defenses a skilled defense attorney might use, including:

• Rights violations. If your rights were violated or evidence was obtained through unconstitutional means, or if you were coerced to commit a crime under duress or due to entrapment, this evidence may be thrown out under the exclusionary rule. This includes evidence obtained through illegal search and seizure without a valid warrant or probable cause, or by violations of your Miranda rights — the right to remain silent and not incriminate yourself.  Illegal search, seizure, or interrogation can lead to suppression of evidence.
• Entrapment – Law enforcement induced you to commit a crime you otherwise would not have committed.
• Lack of Intent – There was no agreement or intent to engage in prostitution.
• The sexual activity was not conducted for hire — The sex was consensual, so there was a misunderstanding or misinterpretation of the situation.
• Insufficient Evidence – The prosecution cannot prove the elements of the crime beyond a reasonable doubt based on evidence they produced.
• Mistaken Identity – You may have been misidentified and have an alibi to show you were not at the scene. There may be evidence to show you were somewhere else at the time of the crime through surveillance footage, cell phone records or testimony from others.

How a Criminal Defense Lawyer Can Help

If charged with any prostitution offence, it is important to get legal assistance from an experienced Florida prostitution defense attorney the moment you’re accused to prevent mistakes such as saying something that can be used against you. Your lawyer will advise you on what to say and what not to say to authorities and handle all communications necessary. In addition, your lawyer can:

• Review the arrest and evidence for constitutional violations or weak points.
• Conduct an independent investigation as to what happened, gather evidence, and interview witnesses.
• Challenge the prosecution by filing motions to suppress unlawfully obtained evidence, challenging the credibility of witnesses, and exposing inconsistencies in the state’s case.
• Challenge police conduct, such as for entrapment or unlawful surveillance.
• Negotiate plea deals for a reduced charge, pretrial diversion, or lesser sentence, if appropriate and with your consent.
• Represent you if your case goes to trial. Your attorney will build your case, present your defense, cross-examine witnesses, and argue on your behalf.
• Handle any appeals, if necessary.
• Protect your record, seeking expungement or sealing of charges when eligible.

Be aware that if a minor is involved, there is no defense, even if you did not know they were under age, so it is especially important to seek the guidance and support of a skilled defense lawyer if you are facing prostitution charges involving a minor. An experienced criminal defense lawyer will examine the specifics and find holes in the prosecutor’s case to convince the State of Florida to reduce the charges against you or have them dismissed altogether.

Get Help from Our Florida Criminal Defense Attorney

At Taracks & Associates, founding attorney Barry Taracks was a former state prosecutor with over 30 years of professional experience. He is familiar with both sides of the courtroom and knows the courts, the judges and prosecutors, and the intricacies of the criminal justice system. He understands the tactics prosecutors use to get a conviction and how to combat them by challenging the credibility and reliability of the evidence against you and building a defense tailored to your individual situation.

Our firm provides the support you need, and we will answer your questions and keep you informed all through the criminal defense process. Remember, you are innocent until proven guilty. Our goal is to analyze your situation, determine the best way defend you against criminal charges, and aggressively fight for your rights and your freedom.

Call us today to get started building the best defense possible. Our firm answers the phone 24 hours a day and you generally will speak to a lawyer within an hour, no matter what time of day you call.