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Solicitation for Prostitution

Prostitution is illegal in Florida. The statutory scheme for these offenses target the sex worker (often called the “prostitute”), the person soliciting the sex worker (often called the “John”), and the person facilitating the exchange of sex for money (often called the “pimp” or “madame”). In all of these cases, the payment of money or the offer to pay money for sex is a core element of the crime. These investigations often target escort services which advertised on the internet, adult entertainment establishments and adults-only swingers clubs. 

Lawyer for Solicitation of Prostitution in Brooksville, FL

Prostitution charges in Florida can be charged as either a felony or a misdemeanor depending on the facts of the case. In many of these cases, law enforcement officers will use elaborate sting operations to set up individuals who are not otherwise planning on committing the crime. In other words, the law enforcement officer manufacture the crime.

In many of these cases the individual accused of the crime will have an entrapment defense that can be asserted at trial. Other important defense might apply.Call The Law Office of Ashley Aulls, P.A. to discuss your case with an experienced criminal defense attorney for any case in Hernando County, Citris County, Pasco County, or Sumter County, FL.

Overview on Solicitation of Prostitution in Florida

Definitions Related to Prostitution

Florida statutory scheme for prosecution offenses sets out the following definitions:

  • The term “prostitution” is defined to mean the “giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.”
  • The term “lewdness” is defined as “any indecent or obscene act.” The term “indecent” is defined as “wicked, lustful, unchaste, licentious, or sensual intention on the part of the person doing the act.”
  • The term “assignation” is defined as the making of any engagement or appointment for prostitution or lewdness, or “any act in furtherance of such appointment or engagement.”
  • The term to “solicit” is defined to mean asking earnestly or to try to induce the person solicited to do the thing solicited.
  • To term to “procure” is defined to mean to persuade, induce, prevail upon or cause a person to do something.

Types of Prostitution Crimes in Florida

Florida law provides for at least eight different crimes related to prosecution including:

Soliciting for Prostitution:

Florida Statute § 796.07(2)(f) makes it a crime for a person to solicit, induce, entice, or procure another to commit prostitution, lewdness or assignation. Enhanced penalties apply if a minor (other than the person charged in the case) was engaged in sexual conduct, assignation, lewdness, prostitution or other conduct prohibited in Chapter 796. The standard jury instructions for Soliciting for Prostitution are set out in 23.6. Those standard jury instructions were originally adopted in 1981 and subsequently amended in 2008 [995 So.2d 476],and 2010 [48 So.3d 41], and 2013.

Soliciting for the Purpose of Prostitution:

Florida Statute Section § 796.07(2)(b) sets out the criminal offense of Soliciting for the Purpose of Prostitution (or any Lewd or Indecent Act). This offense alleges that the defendant offered another another person for the purpose of prostitution or any lewd or indecent act. Alternatively, charge can involving offering to securing or agreeing to secure another for the purpose of prostitution. The standard jury instruction for Soliciting for the Purpose of Prostitution is found at 23.2. It was adopted in 1981. The standard jury instruction was later amended in 2008, 2010, and 2013. ?

Offering to Commit Prostitution:

The criminal offense of Offering to Commit, Committing, or Engaging in Prostitution is set out in § 796.07(2)(e). Certain enhanced penalties apply if a minor (not charged in the case engaged in sexual conduct, assignation, lewdness, prostitution, or any other conduct prohibited in Chapter 796. The standard jury instruction for 23.5, Offering to Commit Prostitution was originally adopted in 1981 and amended in 2008 [995 So.2d 476], and 2010 [48 So.3d 41], and 2013.

Receiving for the Purpose of Prostitution:

Under Florida Section § 796.07(2)(c), the crime of Receiving for the Purpose of Prostitution, Assignation or Lewdness, requires proof beyond a reasonable doubt of the following elements:

    1. The Defendant received, offered to receive, or agreed to receive a person into a place for the purpose of prostitution, lewdness, assignation.
    2. The Defendant permitted a person to remain in a place for the purpose of the prostitution, lewdness, or assignation.

The place can including any structure, building or conveyance. The standard jury instruction for Receiving for the Purpose of Prostitution was originally adopted in 1981. The standard jury instruction for this offense was amended in 2008 [995 So.2d 476], and 2010 [48 So.3d 41], and 2013.

Maintaining a Place of Prostitution:

Florida Statute Section § 796.07(2)(a) prohibits Maintaining a Place of Prostitution. In addition to maintaining a house of prostitution, the statute also prohibits maintaining a house of lewdness or assignation. To prove a charged of maintaining a place of prostitution at trial, the prosecutor with the State Attorney’s office must prove the Defendant maintained, owned, established or operating any place for the purpose of lewdness, assignation or prostitution. The place can also include any structure, building or conveyance. The standard jury instruction for the criminal offense of maintaining a place of prosecution is continued at 23.1, It was first adopted in 1981. The jury instruction was later amended in 2008 [995 So.2d 476],and 2010 [48 So.3d 41], and 2013.

Transporting for the Purpose of Prostitution:

Under Florida Statute § 796.07(2)(d), it is against the law for a person to transport a person to a place, building or structure when the person knew or had reasonable cause to believe that the transportation was for the purpose of prostitution, lewdness or assignation. In addition to just transporting, the statute also covers acting directing or taking or offering to direct or take another person to a place for the purpose of prostitution, lewdness or assignation. The standard jury instruction for 23.4, Transporting for the Purpose of Prostitution was originally adopted in 1981 and amended in 2008 [995 So.2d 476], and 2010 [48 So.3d 41], and 2013.?

Entering for the Purpose of Prostitution:

Florida Statute § 796.07(2)(g) provides that the criminal offense of Entering for the Purpose of Prostitution requires proof beyond all reasonable doubt of the following elements: The Defendant entered in a place for the purpose of prostitution, lewdness, or assignation. Entering also includes resided in or remained in. Furthermore the term place also applies to structure, building, or conveyance. The standard jury instruction for Entering for the Purpose of Prostitution in 23.7 was originally adopted in 1981. The standard jury instruction was subsequently amended in 2008 [995 So.2d 476], and 2010 [48 So.3d 41], and 2013.

Selling a Minor Into Prostitution:

The most serious prostitution offense involves an allegation of selling a minor into prostitution by a parent, legal guardian or person with control of the minor under Florida Statute Section 796.035. The act must be done either knowing or in reckless disregard of the fact that as a consequence of the sale or transfer the minor will engage in prostitution. A minor is any child under the age of 18 years old. This criminal charge is a felony in the first degree punishable by up to 30 years in Florida Sate Prison. The standard jury instruction for Entering for the Purpose of Prostitution was originally adopted in 2013. See In re Standard Jury Instructions in Criminal Cases–Report 2012-07, 122 So. 3d 302 (Fla. 2013).

Enhanced Penalties for Prostitution Case Involving a Minor:

Enhanced penalties apply to prostitution charges involving a minor under Florida Statute § 796.036 when it can be prove beyond all reasonable doubt at trial that a minor (other than the person charged in the case) was engaged in the sexual conduct, assignation, lewdness, prostitution, or other illegal conduct listed in Chapter 796. Under this section, the charges are reclassified as follows:

  • A felony of the first degree is reclassified to a life felony.
  • A felony of the second degree is reclassified to a felony of the first degree.
  • A felony of the third degree is reclassified to a felony of the second degree.
  • A misdemeanor of the first degree is reclassified to a felony of the third degree.
  • A misdemeanor of the second degree is reclassified to a misdemeanor of the first degree.

The Criminal Penalties for Prostitution Crimes in Florida

In Florida, the law provides for harsh penalties for prostitution crimes listed in Florida Statute Section 796.07. The penalties can be enhanced if the person has any prior convictions. Also, certain minimum mandatory penalties apply including: a conviction for soliciting another to commit prosecution requires a minimum fine of $500. A charge under subjection (6), unless it is dismissed before trial or results in a not guilty verdict at trial also requires a $5,000 civil penalty. Additionally, a conviction of engaging in prostitution or soliciting another to engage in prosecution must undergo a screening for certain sexually transmissible diseases.

First Offense of Solicitation or Prostitution

For a first offense, the crime of solicitation for prostitution or engaging in prostitution is classified as a second degree misdemeanor punishable by up to 60 days in jail (or 6 months probation) and a $500 fine.

Second Offense for Solicitation or Prostitution

For a second offense, the crime of solicitation for prostitution or engaging in prostitution is classified as a first degree misdemeanor punishable by up to 12 months in jail (or 12 months probation) and a $1,000 fine.

Third Offense for Solicitation or Prostitution

For a third offense, the crime of solicitation for prostitution or engaging in prostitution is classified as a third degree felony punishable by up to five years in prison (or five years probation) and a $5,000 fine.

Finding an Attorney for Solicitation of Prosecution Charges in Hernando County, FL

If you were charged with any misdemeanor or felony offense for soliciting or another prostitution related offense, then contact an experienced criminal defense attorney at The Law Office of Ashley Aulls, P.A.. Call (352) 593-4115 to discuss your case today. Attorney Ashley Aulls represents men and women on solicitation and prosecution charges throughout Brooksville in Hernando County, Inverness in Citris County, Bushnell in Sumter County, and New Port Richey or Dade City in Pasco County, FL.