Soliciting Prostitution Florida
An arrest, charge, or conviction for soliciting prostitution can be very embarrassing and detrimental to a person’s family life and employment. It is imperative to avoid a conviction for this offense when possible.
Definition Soliciting Prostitution
Florida Statute 796.07(2)(f) states, “It is unlawful to solicit, induce, entice or procure another to commit prostitution, lewdness or assignation.” Prostitution means, “the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.” Lewdness means, “any indecent or obscene act.” Assignation means, “the making of any appointment or engagement of prostitution or lewdness, or any act in furtherance of such appointment or engagement.”
Penalties Soliciting Prostitution
- A first offense will be charged as a second degree misdemeanor, punishable by up to 6 months of probation, 60 days in jail as a condition of probation, and a $5,000 civil penalty.
- A second offense will be charged as a first degree misdemeanor, punishable by up to one year of probation, one year in jail as a condition of probation, and a $5,000 civil penalty.
- A third or subsequent offense will be charged as a third degree felony, punishable by up to 5 years of probation, 5 years in prison as a condition of probation, and a $5,000 civil penalty.
Civil Penalty Soliciting Prostitution
Florida Statute 796.07(6) states, “A person who violates subparagraph (2)(f) shall be assessed a civil penalty of $5,000 if the violation results in any judicial disposition other than acquittal or dismissal.”
Many times the police will create an advertisement through backpage.com, craigslist or other websites and attempt to set up men looking for escorts. The man then encounters the escort, who is actually an undercover police officer. The police officer offers a sexual service for money. When the man agrees, he is arrested.
Defenses to Soliciting Prostitution
- Miranda violations
- 4th Amendment violations
- Insufficiency of Evidence
If you have been charged with Soliciting Prostitution, in Delray Beach County, Broward County or Martin County please call a
Delray Beach criminal defense attorney from Bottari & Doyle at (561)-588-2711 for a free consultation.