What Is the Penalty for Soliciting Prostitution in Tampa?

Florida has strict laws that criminalize solicitating prostitution and related acts, and penalties are severe, as multiple offenses can lead to felony charges and even years in jail. 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 solicitation of prostitution or related sex crimes in Tampa, the prosecution will immediately start to obtain evidence and build a case against you. You are likely to be facing fines, probation, and imprisonment, depending on factors such as whether you have any prior convictions and the specific circumstances of your case. 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 solicitation charges reduced or dismissed.

What Are Solicitation for Prostitution Laws in Florida?

Florida has many laws regarding solicitation for prostitution and related sexual offense acts. Florida Statute 796.07(2) makes it a crime to “solicit, induce, entire, or procure another to commit prostitution.” It is also a crime to offer or agree to secure, another for the purpose of prostitution or for any other lewd or indecent act or to purchase the services of anyone engaged in prostitution.

Florida Statute 796.07(1) defines prostitution as giving or receiving of the body for sexual activity for hire, providing that the individuals involved are not married to each other. Sexual activity” means oral, anal, or female genital penetration by, or union with, the sexual organ of another; anal or female genital penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation. The statute excludes any sexual acts “done for bona fide medical purposes.”

Among other things, the statutes related to solicitation make it unlawful to solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation. It is also illegal to own, establish, maintain, or operate any place, structure, building, or conveyance for the purpose of lewdness, assignation, or prostitution and to offer or agree to secure, another for the purpose of prostitution or for any other lewd or indecent act.

Penalties for Soliciting Prostitution in Tampa

Individuals facing first-time convictions for prostitution are charged with second-degree misdemeanor charges. This often results in 60 days in jail and a fine of up to $500. However, your penalties significantly increase if you have prior prostitution-related convictions.

Under Florida Statute §796.07, the penalties for soliciting prostitution vary based on the number of offenses and increase accordingly. For violations under section 2f, which specifically mentions solicitation, punishments are as follows:

• First violation — is a misdemeanor of the first degree, which can result in a jail term of up to 12 months (one year) and a fine of up to $1,000. First-time offenders may be eligible for diversion programs like the John Awareness Diversion Education (JADE) program, which can lead to reduced charges or dismissal upon successful completion.
• Second violation – is a felony of the third degree for, which can be punishable by a prison sentence of up to five years and a fine of up to $5,000, probation, community service, or other conditions specific to the offense and individual circumstances.
• Third or subsequent violation – is a felony of the second degree, punishable with a maximum penalty of 15 years in prison, 15 years of probation, and a fine up to $10,000.

In addition to any other penalty imposed, a conviction means you will have to:

• Perform 100 hours of community service.
• Pay for and attend an educational program or counseling classes
• Be on probation.

If you use a vehicle in the course of the violation, the judge may issue an order for the impoundment or immobilization of the vehicle for a period of up to 60 days. Other potential punishments may include no-contact orders, drug testing, or restrictions on certain activities like alcohol consumption.

Common Defenses Against Solicitation Charges

Being charged with solicitation does not mean you will be convicted. Prosecutors have the burden of proving every element of a crime beyond a reasonable doubt. By techniques such as challenging witness testimony evidence through cross-examination to show inconsistencies, 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, if there was illegal search and seizure, 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.
• Entrapment: If law enforcement induced or coerced you into committing the offense, you may have a valid entrapment defense. Florida recognizes both subjective and objective entrapment, focusing on whether law enforcement’s actions led you to commit a crime.
• Lack of Evidence: The prosecution must prove beyond a reasonable doubt that you engaged in solicitation. If there’s insufficient evidence, your attorney can argue for dismissal.
• Mistaken Identity: If you were misidentified as the perpetrator, presenting an alibi or challenging the identification can be an effective defense.
• No Agreement or Financial Exchange: Demonstrating that there was no agreement or exchange of money for sexual services can undermine the prosecution’s case.

How a Criminal Defense Lawyer Can Help

If charged with solicitation for prostitution, it is important to get legal assistance from an experienced attorney immediately 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.
• Guide you through diversion programs like JADE, which can lead to case dismissal upon successful completion.
• 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.

An experienced criminal defense lawyer will examine the specifics and find ways 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.

Our firm provides the support you need, and we will answer your questions and keep you informed all through the criminal defense process. 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.