Prostitution is considered one of the oldest “professions” in history. However, modern law does not view prostitution and solicitation as victimless crimes. They are serious crimes that can carry serious penalties, especially for repeat offenses. While individuals caught up in a prostitution or solicitation charge are rightfully worried about their legal rights, more often than not, what they are really worried about are the real-life implications of being convicted of a sexual crime.
A prostitution or solicitation conviction can shatter lives, yours and the lives of those around you. The stigma of the charge alone, even if it is false, can impact your career, your home life, and your reputation. You may feel alone and helpless during a time when you need support more than ever. At The Morris Firm, we are here to offer you that support and guide you through the legal process in order to achieve the most positive outcome for your situation.
If you have been charged with prostitution or solicitation, you need to begin building a strong defense now. Don’t wait to get an attorney on your side because you are worried it will make you “look guilty.” Talk to an experienced Pensacola sex crimes defense attorney today, and let us cultivate a defense strategy. Call us at (850) 503-2626 to schedule a case evaluation today.
Legal Definition of Prostitution and Solicitation in Florida
Florida law defines prostitution as the act of giving or receiving the body for the purpose of sexual activity. Sexual activity is any sex-related act such as oral, anal, or vaginal penetration by another individual or an object. Most people mistakenly believe that prostitution is only the crime of exchanging sex for money. However, the law is broad enough to allow numerous ways for an individual to be charged with the crime of prostitution. For example, an individual may be charged with prostitution for owning, operating, or maintaining a building for the purpose of lewdness or prostitution. An individual could also be charged with prostitution if they aid, abet, or participate in the sexual act or the maintenance of a building known for prostitution or lewdness.
Solicitation is also governed by the same Florida statute as prostitution. The law states that it is an illegal act to purchase the services of any person that is engaged in prostitution. Solicitation not only refers to the act of purchasing sex. A person may also be charged with solicitation if they solicit, coerce, or entice another individual into prostitution.
Penalties for Prostitution and Solicitation
The crime of prostitution in the state of Florida is typically considered a misdemeanor offense. However, that may vary depending on the number of prior convictions that a person has on their record. Multiple offenses can eventually mean a felony charge and more severe punishments by the courts. While penalties may vary, in general, these are the punishments a court may assign:
1st Offense- Misdemeanor of the second degree
- Up to 60 days in jail
- Fines up to $500
2nd Offense- Misdemeanor of the first degree
- Up to 1 year in jail
- Fines up to $1000
3rd Offense- Felony of the third degree
- Up to 5 years in prison
- Fines up to $5,000
These penalties may also include a period of probation and will likely result in stipulations that the offender complete STD screenings and AIDS awareness training. If an individual knowingly engages in prostitution while they are infected with an STD, they may face up to one year in jail and fines up to $1,000. If an individual is infected with HIV, the penalties go up to five years in prison and up to $5,000 in fines. Violations can also result in a judge assigning the convicted individual up to 100 hours of community service.
These aren’t the only penalties for prostitution on Florida’s law books. Forcing a person into the act of prostitution and living off the money generated by the act can be punishable by up to five years in prison and/or fines of up to $5,000. The punishment becomes even more severe when an underage minor is involved. Forcing a child into prostitution can carry a penalty of up to 15 years in prison and a fine of up to $10,000.
It is also important to note that individuals that are convicted of prostitution cannot be certified as a teacher or employed in the field of education.
In Florida, penalties for solicitation are separate. Again, the punishment for solicitation will vary depending on how many prior offenses an individual has on their record. However, any person convicted of soliciting a prostitute must pay a mandatory fine of $5,000. This mandatory fine is in addition to any other penalties a judge may impose. Those penalties may include:
1st Offense – Misdemeanor of the first degree
- Up to 1 year in jail
- Fines up to $1,000
2nd Offense – Felony of the third degree
- Minimum 10 days in jail up to 5 years in prison
- Up to 60 day vehicle impoundment or immobilization
- Fines up to $5,000
3rd Offense – Felony of the second degree
- Up to 15 years in prison
- Up to 60 day vehicle impoundment or immobilization
- Fines up to $10,000
Other penalties often include up to 100 hours of community service, probation, classes on prostitution and human trafficking awareness, and STD screenings.
Contact an Experienced Pensacola Defense Attorney
Being charged with prostitution or solicitation can be an emotional and traumatic event. Even if you’ve been wrongly accused, talking to friends and family and seeking help from your support system may feel overwhelming or uncomfortable. The legal team at The Morris Firm consists of sensitive and professional individuals who can offer you both the support and the legal advice you need. We are experienced at building a solid defense strategy tailored to the unique circumstances of your individual case.
If you are facing charges for prostitution or solicitation, don’t wait to talk to an experienced attorney. You have rights and deserve to be defended. Contact us at (850) 503-2626 today to discuss your situation and how we can help. Your future may be at risk; let us help you protect what you have worked so hard to build.
