Solicitation of Prostitution

Prostitution is a complex and often misunderstood issue that affects many communities across Florida. Understanding prostitution laws is crucial for those who may find themselves on the receiving end of criminal charges.

Melbourne Attorney for Prostitution

If you have been charged with solicitation of prostitution in the state of Florida, you must contact an experienced criminal defense attorney immediately. While first charges for prostitution may be small, they can quickly add up, especially if you are being targeted by law enforcement.

Contact Germain Legal for representation on the space coast today.

Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.

Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.

What Is Prostitution?

According to Florida Statutes Section 796.07, for a person to be convicted of prostitution, the prosecutor must prove the following:

1. Engagement in Sexual Activity for Payment: The prosecutor must show that the individual either offered, agreed to, or actually engaged in sexual activity with another person in exchange for money or something of value.
2. Intent: It must be established that the individual intended to engage in sexual activity for payment at the time of the agreement or the act.
3. Exchange of Payment or Promise of Payment: There must be evidence that payment was either exchanged or agreed upon in return for the sexual activity.

Prostitution-Related Offenses

1. Solicitation of Prostitution – Florida Statutes Section 796.07: This law covers the act of offering or agreeing to pay for sexual services. It includes not only those who engage in prostitution but also those who seek to buy these services. The law makes it illegal to make or accept offers for sexual activity in exchange for money or other benefits.
2. Deriving Support from Prostitution – Florida Statutes Section 796.05: This offense targets individuals who knowingly live off the earnings of someone engaged in prostitution. It could be someone who receives money or other benefits from a person involved in prostitution, such as a pimp or anyone else profiting from another person’s involvement in the sex trade.
3. Forcing or Coercing Prostitution – Florida Statutes Section 796.04: This law makes it illegal to force or manipulate someone into becoming a prostitute. Coercion can include physical force, threats, or psychological pressure.
4. Renting Space for Prostitution – Florida Statutes Section 796.06: This offense involves renting or allowing the use of a space, like a room or building, knowing it will be used for prostitution or related activities.

What Are the Penalties for Prostitution?

What Are Potential Alternatives to Jail?

1. Probation: An individual convicted of prostitution may be sentenced to probation instead of jail time. Probation allows the person to remain in the community under the supervision of a probation officer. During this period, they must comply with specific conditions, such as avoiding further criminal activity, maintaining employment, and regularly reporting to the probation officer. Violating probation terms can result in additional penalties, including jail time.
2. Pretrial Intervention Program: This program, available to first-time offenders, serves as an alternative to incarceration and may involve participation in treatment or other rehabilitative services designed to address the underlying issues contributing to the offense. Successful completion of this program could result in the dismissal of the charges.
3. Substance Abuse Treatment Program: Individuals convicted of prostitution who have substance abuse issues may be directed to participate in a treatment program. This approach focuses on addressing the root cause of the behavior, aiming to reduce the likelihood of reoffending by providing support and resources to overcome addiction.
4. Community Service: The court may order individuals convicted of prostitution to perform community service as part of their sentence. This alternative serves as a way for the individual to contribute positively to society while avoiding incarceration.
5. Educational Programs: Courts may require those convicted of prostitution to attend educational programs that focus on the impacts of commercial sex and human trafficking. These programs aim to educate offenders about the consequences of their actions and help them understand the social implications.
6. HIV and STD Screening and Treatment: Florida law requires that individuals convicted of prostitution undergo screening for sexually transmissible diseases. If found to be infected, they must receive appropriate treatment and counseling before their release from probation or incarceration.
7. License Suspension as a Penalty: In addition to jail time and fines, individuals convicted of prostitution may also face a suspension of their driver’s license. This penalty can have significant consequences, especially for individuals who rely on driving for work or personal responsibilities. It’s important to be aware of all potential consequences when facing prostitution charges.

What Are Defenses to Prostitution Charges?

1. Entrapment Defense: The key is showing that the idea to commit the crime came from the police, not the defendant.
2. Lack of Intent: The defendant can argue that they did not intend to engage in prostitution or any related acts. Intent is crucial in proving guilt, and without it, a conviction is difficult.
3. Mistaken Identity: If the defendant was wrongly identified as the person who committed the act, this defense can be used. Eyewitness testimony and other identification methods can sometimes be unreliable.
4. Coercion or Duress: The defendant may argue that they were forced to engage in prostitution against their will because of threats, violence, or other forms of coercion.
5. Consent Defense: In cases where the defendant is accused of engaging in prostitution with another adult, the defense can argue that the interaction was consensual and not a transaction involving money or other benefits.
6. Violation of Constitutional Rights: If the defendant’s rights were violated during the investigation, such as illegal search and seizure or denial of legal representation, the defense can try to suppress evidence or dismiss the charges.

What Can a Prostitution Lawyer Do For Me?

First, your lawyer will take the time to understand your situation fully. This includes listening to your account of what happened, gathering important details, and discussing the possible consequences you may face.

Next, your lawyer will examine the evidence against you. They will review police reports, witness statements, and any other evidence the prosecution plans to use. This allows your lawyer to identify any weaknesses in the case and find opportunities to challenge the prosecution’s claims.

Your lawyer will also work to protect your rights throughout the legal process. This includes making sure that any evidence against you was obtained legally and that your rights were not violated during your arrest or interrogation. If there were any issues with how the police handled your case, your lawyer could use this to your advantage.

Additionally, your lawyer will help you understand your legal options. They will explain the potential outcomes of your case, including the possibility of negotiating a plea deal or fighting the charges in court. Your lawyer will also discuss the risks and benefits of each option, helping you make an informed decision about how to proceed.

If your case goes to trial, your lawyer will be your advocate in court. They will present your side of the story, cross-examine witnesses, and challenge the prosecution’s evidence. Your lawyer’s goal is to create doubt in the minds of the judge or jury, which can lead to a not guilty verdict.

Finally, your prostitution attorney will provide support and guidance throughout the entire process. They understand how stressful facing a prostitution charge can be, and they will be there to answer your questions, offer advice, and help you through each step of the case.

Frequently Asked Questions

What happens if someone is caught in a sting operation related to prostitution? In Florida, sting operations are common law enforcement tactics used to catch individuals engaging in prostitution. If someone is caught in a sting, they may be arrested and charged with soliciting prostitution.

Can someone be charged with prostitution if no money was exchanged? Yes, a person can be charged with prostitution in Florida even if no money was exchanged, as long as there was an agreement or intent to engage in sexual activity for something of value. This could include drugs, gifts, or favors.

Is it illegal to be present in a place known for prostitution? Yes, under Florida law, it is illegal to reside in, enter, or remain in a place known for prostitution if the intent is to engage in, promote, or facilitate prostitution or lewdness. This means simply being present in a location can lead to criminal charges. The consequences for those who run or finance prostitution operations are significantly harsher than for individual participants..

What does Florida law say about the use of the internet for prostitution? Using the internet or electronic means to solicit or offer prostitution is illegal in Florida. Law enforcement often monitors online platforms for signs of solicitation or advertisement of sexual services. Being involved in such activities can result in criminal charges, and the penalties may increase if it’s determined that the internet was used to facilitate the crime.

Can a landlord be held responsible if their property is used for prostitution without their knowledge?
In Florida, landlords can be held criminally responsible if they knowingly rent or allow their property to be used for prostitution. However, if a landlord can prove they had no knowledge of those activities and took reasonable steps to prevent illegal activities, they may avoid liability.

Additional Resources

Florida Statutes Chapter 796 – Florida laws define sex offenses, including forcing someone into prostitution, deriving income from prostitution, and renting space for such activities. The laws outline the penalties for these offenses, ranging from misdemeanors to felonies, depending on the severity and frequency of violations. It also addresses the legal responsibilities of those involved in prostitution, including mandatory health screenings.

Soliciting for Prostitution Public Database – The Soliciting for Prostitution Public Database was maintained by the Florida Department of Law Enforcement and listed individuals convicted of soliciting prostitution. Although the database was repealed as of January 1, 2024, records related to it are still maintained under state laws.

Human Trafficking – The U.S. Department of Justice provides resources on human trafficking, focusing on the exploitation of individuals for labor, services, or commercial sex. The site outlines key federal legislation, such as the Trafficking Victims Protection Act, and covers the DOJ’s efforts to combat trafficking through enforcement, victim support, and collaboration with other government agencies.

Hire a Sex Crimes Defense Attorney in Brevard County, FL

Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.

Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.