Solicitation and Prostitution

Prostitution is no longer contained to the back alleys and seedier parts of town. Law enforcement has begun cracking down on strip clubs, massage parlors, and online platforms in an effort to combat prostitution. Hundreds of arrests are taking place throughout the state of Florida. According to the most recent statistics from the Florida Department of Law Enforcement, Central Florida is among the areas with the highest number of arrests.

Both the solicitation of prostitution and prostitution are illegal in the state of Florida. Although the two offenses are similar, there are differences:

• Solicitation of prostitution is a request by one person to another to perform sexual acts in exchange for money.
• Prostitution is the actual engagement in sexual activities for money.

The prostitute and the client may both be charged with prostitution related crimes; however, third parties may be charged, as well. Anyone involved in the negotiations of prostitution, such as a “Madame” or “pimp,” may face consequences. These penalties for prostitution related crimes can be much stiffer for the third party—or promoter, so to speak—than for the prostitute or client. For any parties involved, however, penalties may be severe.

If you are convicted of solicitation of prostitution, regardless of whether you are the prostitute, client, or third party, you will be fined $5000 (civil fine). Additionally, you must complete 100 hours of community service, be tested for sexually transmitted diseases, and complete a prostitution and human trafficking course. These are required penalties; however, other, steeper penalties can be imposed by a judge, depending on your history of offenses.

For a first offense of solicitation, a 1^st degree misdemeanor in Florida, a judge may also impose an additional $1000 criminal fine, up to 1 year in jail, and/or up to 1 year of probation.

If you are convicted for solicitation of prostitution, and it is your 2^nd offense, the crime is considered a 3^rd degree felony. The judge is required to sentence you a minimum of 10 days in jail but may also fine you an additional $5000 criminal fine and impound your vehicle up to 60 days. You could face up to 5 years in prison, up to 5 years of probation, or a combination prison time and probation.

The 3^rd offense of solicitation is a 2^nd degree felony. Again, the judge is required to sentence you a minimum of 10 days in jail, but you could face up to 15 years in prison, up to 15 years probation, or a combination of prison time and probation. The criminal fine for a 2^nd degree felony is up to $10,000, and your vehicle may be impounded for up to 60 days.

In the state of Florida, there are 8 separate acts that can result in a prostitution charge. Like solicitation of prostitution, the prostitute, client, or anyone who aids and abets the involved parties may be charged. These 8 separate acts, defined under Florida Statute 796.07, are:

• Establishing, owning, maintaining, or operating a building for the purpose of prostitution
• Offering or agreeing to secure another person for the purpose of prostitution
• Providing or offering to provide a place for an act of prostitution to occur
• Knowingly directing or transporting a person to a place of prostitution
• Offering to engage in prostitution
• Requesting another person to engage in prostitution
• Residing or remaining in a place of prostitution
• Purchasing the services of any person engaged in prostitution

Penalties for prostitution are dependent upon whether you are the client or the prostitute.

IF YOU ARE THE CLIENT and you are convicted of prostitution you will be fined a $5000 civil fine. You must also complete 100 hours of community service, be tested for sexually transmitted diseases, and complete a prostitution and human trafficking course. Just like a conviction of solicitation of prostitution, these are required penalties. Again, however, other, steeper penalties can be imposed by a judge, depending on your history of offenses.

For a first offense of prostitution, a 1^st degree misdemeanor in Florida, a judge may also impose an additional $1000 criminal fine, up to 1 year in jail, and/or up to 1 year of probation.

If you are convicted for prostitution, and it is your 2^nd offense, the crime is considered a 3^rd degree felony. The judge is required to sentence you a minimum of 10 days in jail but may also fine you an additional $5000 criminal fine and impound your vehicle up to 60 days. You could face up to 5 years in prison, up to 5 years of probation, or a combination prison time and probation.

The 3^rd offense of prostitution is a 2^nd degree felony. Again, the judge is required to sentence you a minimum of 10 days in jail, but you could face up to 15 years in prison, up to 15 years probation, or a combination of prison time and probation. The criminal fine for a 2^nd degree felony is up to $10,000, and your vehicle may be impounded for up to 60 days.

IF YOU ARE THE PROSTITUTE and you are convicted of prostitution, but you have no prior offenses, the crime is considered a 2^nd degree misdemeanor. A judge may fine you up to $500 in criminal fines and sentence you up to 60 days in jail, up to 6 months of probation, or a combination of jail time and probation.

A second offense prostitution conviction is a 1^st degree misdemeanor in Florida. A judge may fine you up to $1000 in criminal fines and sentence you up to 1 year in jail, up to 1 year of probation, or a combination of jail time and probation.

A third offense prostitution conviction is considered a 3^rd degree felony. A judge may fine you up to $5000 in criminal fines and sentence you up to 5 years in prison, up to 5 years of probation, or a combination of prison time and probation.

For more information on penalties for prostitution related crimes, reference the Florida Criminal Punishment Code here.

If you are charged with solicitation of prostitution or prostitution, it’s important to hire a criminal defense attorney who will fight for you from start to finish. Call me, Joe Knape, at 1-850-CALL-JOE. I am an aggressive litigator with multiple criminal defense trials under my belt. Your first consultation is free, and I will personally meet with you to determine your best plan of action. My law firm is located at 1728 S Bumby Avenue, Orlando, FL, 32806. The 850-CALL-JOE Law Firm offers affordable services and manageable payment plans.

Don’t hesitate, call me today.