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| Florida Prostitution Crimes |
WILSON
LAW FIRM, P.L.
Attorney at Law
LAW FIRM, P.L.
Attorney at Law
W
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Firm to speak with an Orlando criminal defense lawyer and Orange County Florida criminal attorney today. The Wilson Law Firm, P.L. © 2010
advertisements. The information presented at this site is not legal advice, and does not create an attorney-client relationship. This site is designed to provide only
general information. The facts of your case are unique, and you should consult an attorney for advice regarding your individual situation. Contact the Wilson Law
Firm to speak with an Orlando criminal defense lawyer and Orange County Florida criminal attorney today. The Wilson Law Firm, P.L. © 2010
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Orange County Florida Criminal Lawyer - Prostitution Offenses:
Prostitution and solicitation offenses have significant penalties and usually
involve undercover officers posing as prostitutes or johns to catch individuals
involved in these offenses. If you have been arrested for prostitution or
solicitation you should speak with an experienced criminal defense attorney
at your earliest opportunity to learn about your rights and the defenses that
may be available to you.
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some information regarding prostitution & solicitation offenses:
Prostitution - "Prostitution" is defined as the giving or receiving of the body for sexual activity for hire but excludes
sexual activity between spouses. The level of the offense and penalties can vary depending on whether the
defendant has been previously convicted of the offense.
1) Prostitution is misdemeanor of the second degree punishable by up to 60 days in the county jail for a first
violation.
2) Prostitution is a misdemeanor of the first degree punishable by up to 1 year in the county jail for a second
violation.
3) Prostitution is a felony of the third degree punishable by up to 5 years in State prison for a third or subsequent
violation
Solicitation - A person who solicits another to commit an offense prohibited by law and in the course of such
solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would
constitute such offense or an attempt to commit such offense commits the offense of criminal solicitation. The
crime of solicitation is punishable based on the level and type of criminal act solicited.
The following Florida Statures provides some more information about offenses involving prostitution or solicitation.
Florida Statute 796.07 - Prohibiting prostitution, etc.; evidence; penalties; definitions.
(1) As used in this section:
(a) “Prostitution” means the giving or receiving of the body for sexual activity for hire but excludes sexual activity
between spouses.
(b) “Lewdness” means any indecent or obscene act.
(c) “Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in
furtherance of such appointment or engagement.
(d) “Sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; anal or
vaginal penetration of another by any other object; or the handling or fondling of the sexual organ of another for the
purpose of masturbation; however, the term does not include acts done for bona fide medical purposes.
(2) It is unlawful:
(a) To own, establish, maintain, or operate any place, structure, building, or conveyance for the purpose of
lewdness, assignation, or prostitution.
(b) To offer, or to offer or agree to secure, another for the purpose of prostitution or for any other lewd or indecent
act.
(c) To receive, or to offer or agree to receive, any person into any place, structure, building, or conveyance for the
purpose of prostitution, lewdness, or assignation, or to permit any person to remain there for such purpose.
(d) To direct, take, or transport, or to offer or agree to direct, take, or transport, any person to any place, structure, or
building, or to any other person, with knowledge or reasonable cause to believe that the purpose of such directing,
taking, or transporting is prostitution, lewdness, or assignation.
(e) To offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation.
(f) To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.
(g) To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any conveyance, for
the purpose of prostitution, lewdness, or assignation.
(h) To aid, abet, or participate in any of the acts or things enumerated in this subsection.
(i) To purchase the services of any person engaged in prostitution.
(3)(a) In the trial of a person charged with a violation of this section, testimony concerning the reputation of any
place, structure, building, or conveyance involved in the charge, testimony concerning the reputation of any person
residing in, operating, or frequenting such place, structure, building, or conveyance, and testimony concerning the
reputation of the defendant is admissible in evidence in support of the charge.
(b) Notwithstanding any other provision of law, a police officer may testify as an offended party in an action
regarding charges filed pursuant to this section.
(4) A person who violates any provision of this section commits:
(a) A misdemeanor of the second degree for a first violation, punishable as provided in s. 775.082 or s. 775.083.
(b) A misdemeanor of the first degree for a second violation, punishable as provided in s. 775.082 or s. 775.083.
(c) A felony of the third degree for a third or subsequent violation, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
(5) A person who is charged with a third or subsequent violation of this section shall be offered admission to a
pretrial intervention program or a substance-abuse treatment program as provided in s. 948.08.
(6) A person who violates paragraph (2)(f) shall be assessed a civil penalty of $500 if the violation results in any
judicial disposition other than acquittal or dismissal. The proceeds from penalties assessed under this subsection
shall be paid to the circuit court administrator for the sole purpose of paying the administrative costs of treatment-
based drug court programs provided under s. 397.334.
Florida Statute 796.03 - Procuring person under age of 18 for prostitution.
A person who procures for prostitution, or causes to be prostituted, any person who is under the age of 18 years
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 796.035 - Selling or buying of minors into sex trafficking or prostitution; penalties.
Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers
custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge that,
as a consequence of the sale or transfer, the minor will engage in prostitution, perform naked for compensation, or
otherwise participate in the trade of sex trafficking, commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Florida Statute 796.04 - Forcing, compelling, or coercing another to become a prostitute.
(1) After May 1, 1943, it shall be unlawful for anyone to force, compel, or coerce another to become a prostitute.
(2) Anyone violating this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
Florida Statute 796.045 - Sex trafficking; penalties.
Any person who knowingly recruits, entices, harbors, transports, provides, or obtains by any means a person,
knowing that force, fraud, or coercion will be used to cause that person to engage in prostitution, commits the
offense of sex trafficking, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084. A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, if the offense of sex trafficking is committed against a person who is under the age of 14 or if such offense
results in death.
Florida Statute 796.05 - Deriving support from the proceeds of prostitution.
(1) It shall be unlawful for any person with reasonable belief or knowing another person is engaged in prostitution
to live or derive support or maintenance in whole or in part from what is believed to be the earnings or proceeds of
such person’s prostitution.
(2) Anyone violating this section commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Florida Statute 796.06 - Renting space to be used for lewdness, assignation, or prostitution.
(1) It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge
that it will be used for the purpose of lewdness, assignation, or prostitution.
(2) A person who violates this section commits:
(a) A misdemeanor of the second degree for a first violation, punishable as provided in s. 775.082 or s. 775.083.
(b) A misdemeanor of the first degree for a second or subsequent violation, punishable as provided in s. 775.082
or s. 775.083.
Florida Statute 796.08 - Screening for HIV and sexually transmissible diseases; providing penalties.
(1)(a) For the purposes of this section, “sexually transmissible disease” means a bacterial, viral, fungal, or
parasitic disease, determined by rule of the Department of Health to be sexually transmissible, a threat to the public
health and welfare, and a disease for which a legitimate public interest is served by providing for regulation and
treatment.
(b) In considering which diseases are designated as sexually transmissible diseases, the Department of Health
shall consider such diseases as chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital
herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis,
syphilis, and human immunodeficiency virus infection for designation and shall consider the recommendations and
classifications of the Centers for Disease Control and Prevention and other nationally recognized authorities. Not all
diseases that are sexually transmissible need be designated for purposes of this section.
(2) A person arrested under s. 796.07 may request screening for a sexually transmissible disease under direction
of the Department of Health and, if infected, shall submit to appropriate treatment and counseling. A person who
requests screening for a sexually transmissible disease under this subsection must pay any costs associated with
such screening.
(3) A person convicted under s. 796.07 of prostitution or procuring another to commit prostitution must undergo
screening for a sexually transmissible disease, including, but not limited to, screening to detect exposure to the
human immunodeficiency virus, under direction of the Department of Health. If the person is infected, he or she
must submit to treatment and counseling prior to release from probation, community control, or incarceration.
Notwithstanding the provisions of s. 384.29, the results of tests conducted pursuant to this subsection shall be
made available by the Department of Health to the offender, medical personnel, appropriate state agencies, state
attorneys, and courts of appropriate jurisdiction in need of such information in order to enforce the provisions of this
chapter.
(4) A person who commits prostitution or procures another for prostitution and who, prior to the commission of
such crime, had tested positive for a sexually transmissible disease other than human immunodeficiency virus
infection and knew or had been informed that he or she had tested positive for such sexually transmissible disease
and could possibly communicate such disease to another person through sexual activity commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person may be convicted and sentenced
separately for a violation of this subsection and for the underlying crime of prostitution or procurement of prostitution.
(5) A person who:
(a) Commits or offers to commit prostitution; or
(b) Procures another for prostitution by engaging in sexual activity in a manner likely to transmit the human
immunodeficiency virus, and who, prior to the commission of such crime, had tested positive for human
immunodeficiency virus and knew or had been informed that he or she had tested positive for human
immunodeficiency virus and could possibly communicate such disease to another person through sexual activity
commits criminal transmission of HIV, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084. A person may be convicted and sentenced separately for a violation of this subsection and for the
underlying crime of prostitution or procurement of prostitution.
_____________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
Prostitution and solicitation offenses have significant penalties and usually
involve undercover officers posing as prostitutes or johns to catch individuals
involved in these offenses. If you have been arrested for prostitution or
solicitation you should speak with an experienced criminal defense attorney
at your earliest opportunity to learn about your rights and the defenses that
may be available to you.
In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges. Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.
If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orlando criminal defense attorney about your situation or to schedule a Free Initial Consultation
The following section of this page provides some information regarding prostitution & solicitation offenses:
Prostitution - "Prostitution" is defined as the giving or receiving of the body for sexual activity for hire but excludes
sexual activity between spouses. The level of the offense and penalties can vary depending on whether the
defendant has been previously convicted of the offense.
1) Prostitution is misdemeanor of the second degree punishable by up to 60 days in the county jail for a first
violation.
2) Prostitution is a misdemeanor of the first degree punishable by up to 1 year in the county jail for a second
violation.
3) Prostitution is a felony of the third degree punishable by up to 5 years in State prison for a third or subsequent
violation
Solicitation - A person who solicits another to commit an offense prohibited by law and in the course of such
solicitation commands, encourages, hires, or requests another person to engage in specific conduct which would
constitute such offense or an attempt to commit such offense commits the offense of criminal solicitation. The
crime of solicitation is punishable based on the level and type of criminal act solicited.
The following Florida Statures provides some more information about offenses involving prostitution or solicitation.
Florida Statute 796.07 - Prohibiting prostitution, etc.; evidence; penalties; definitions.
(1) As used in this section:
(a) “Prostitution” means the giving or receiving of the body for sexual activity for hire but excludes sexual activity
between spouses.
(b) “Lewdness” means any indecent or obscene act.
(c) “Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in
furtherance of such appointment or engagement.
(d) “Sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; anal or
vaginal penetration of another by any other object; or the handling or fondling of the sexual organ of another for the
purpose of masturbation; however, the term does not include acts done for bona fide medical purposes.
(2) It is unlawful:
(a) To own, establish, maintain, or operate any place, structure, building, or conveyance for the purpose of
lewdness, assignation, or prostitution.
(b) To offer, or to offer or agree to secure, another for the purpose of prostitution or for any other lewd or indecent
act.
(c) To receive, or to offer or agree to receive, any person into any place, structure, building, or conveyance for the
purpose of prostitution, lewdness, or assignation, or to permit any person to remain there for such purpose.
(d) To direct, take, or transport, or to offer or agree to direct, take, or transport, any person to any place, structure, or
building, or to any other person, with knowledge or reasonable cause to believe that the purpose of such directing,
taking, or transporting is prostitution, lewdness, or assignation.
(e) To offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation.
(f) To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.
(g) To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any conveyance, for
the purpose of prostitution, lewdness, or assignation.
(h) To aid, abet, or participate in any of the acts or things enumerated in this subsection.
(i) To purchase the services of any person engaged in prostitution.
(3)(a) In the trial of a person charged with a violation of this section, testimony concerning the reputation of any
place, structure, building, or conveyance involved in the charge, testimony concerning the reputation of any person
residing in, operating, or frequenting such place, structure, building, or conveyance, and testimony concerning the
reputation of the defendant is admissible in evidence in support of the charge.
(b) Notwithstanding any other provision of law, a police officer may testify as an offended party in an action
regarding charges filed pursuant to this section.
(4) A person who violates any provision of this section commits:
(a) A misdemeanor of the second degree for a first violation, punishable as provided in s. 775.082 or s. 775.083.
(b) A misdemeanor of the first degree for a second violation, punishable as provided in s. 775.082 or s. 775.083.
(c) A felony of the third degree for a third or subsequent violation, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084.
(5) A person who is charged with a third or subsequent violation of this section shall be offered admission to a
pretrial intervention program or a substance-abuse treatment program as provided in s. 948.08.
(6) A person who violates paragraph (2)(f) shall be assessed a civil penalty of $500 if the violation results in any
judicial disposition other than acquittal or dismissal. The proceeds from penalties assessed under this subsection
shall be paid to the circuit court administrator for the sole purpose of paying the administrative costs of treatment-
based drug court programs provided under s. 397.334.
Florida Statute 796.03 - Procuring person under age of 18 for prostitution.
A person who procures for prostitution, or causes to be prostituted, any person who is under the age of 18 years
commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statute 796.035 - Selling or buying of minors into sex trafficking or prostitution; penalties.
Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers
custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge that,
as a consequence of the sale or transfer, the minor will engage in prostitution, perform naked for compensation, or
otherwise participate in the trade of sex trafficking, commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.
Florida Statute 796.04 - Forcing, compelling, or coercing another to become a prostitute.
(1) After May 1, 1943, it shall be unlawful for anyone to force, compel, or coerce another to become a prostitute.
(2) Anyone violating this section shall be guilty of a felony of the third degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
Florida Statute 796.045 - Sex trafficking; penalties.
Any person who knowingly recruits, entices, harbors, transports, provides, or obtains by any means a person,
knowing that force, fraud, or coercion will be used to cause that person to engage in prostitution, commits the
offense of sex trafficking, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084. A person commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084, if the offense of sex trafficking is committed against a person who is under the age of 14 or if such offense
results in death.
Florida Statute 796.05 - Deriving support from the proceeds of prostitution.
(1) It shall be unlawful for any person with reasonable belief or knowing another person is engaged in prostitution
to live or derive support or maintenance in whole or in part from what is believed to be the earnings or proceeds of
such person’s prostitution.
(2) Anyone violating this section commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
Florida Statute 796.06 - Renting space to be used for lewdness, assignation, or prostitution.
(1) It is unlawful to let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge
that it will be used for the purpose of lewdness, assignation, or prostitution.
(2) A person who violates this section commits:
(a) A misdemeanor of the second degree for a first violation, punishable as provided in s. 775.082 or s. 775.083.
(b) A misdemeanor of the first degree for a second or subsequent violation, punishable as provided in s. 775.082
or s. 775.083.
Florida Statute 796.08 - Screening for HIV and sexually transmissible diseases; providing penalties.
(1)(a) For the purposes of this section, “sexually transmissible disease” means a bacterial, viral, fungal, or
parasitic disease, determined by rule of the Department of Health to be sexually transmissible, a threat to the public
health and welfare, and a disease for which a legitimate public interest is served by providing for regulation and
treatment.
(b) In considering which diseases are designated as sexually transmissible diseases, the Department of Health
shall consider such diseases as chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital
herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis,
syphilis, and human immunodeficiency virus infection for designation and shall consider the recommendations and
classifications of the Centers for Disease Control and Prevention and other nationally recognized authorities. Not all
diseases that are sexually transmissible need be designated for purposes of this section.
(2) A person arrested under s. 796.07 may request screening for a sexually transmissible disease under direction
of the Department of Health and, if infected, shall submit to appropriate treatment and counseling. A person who
requests screening for a sexually transmissible disease under this subsection must pay any costs associated with
such screening.
(3) A person convicted under s. 796.07 of prostitution or procuring another to commit prostitution must undergo
screening for a sexually transmissible disease, including, but not limited to, screening to detect exposure to the
human immunodeficiency virus, under direction of the Department of Health. If the person is infected, he or she
must submit to treatment and counseling prior to release from probation, community control, or incarceration.
Notwithstanding the provisions of s. 384.29, the results of tests conducted pursuant to this subsection shall be
made available by the Department of Health to the offender, medical personnel, appropriate state agencies, state
attorneys, and courts of appropriate jurisdiction in need of such information in order to enforce the provisions of this
chapter.
(4) A person who commits prostitution or procures another for prostitution and who, prior to the commission of
such crime, had tested positive for a sexually transmissible disease other than human immunodeficiency virus
infection and knew or had been informed that he or she had tested positive for such sexually transmissible disease
and could possibly communicate such disease to another person through sexual activity commits a misdemeanor
of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person may be convicted and sentenced
separately for a violation of this subsection and for the underlying crime of prostitution or procurement of prostitution.
(5) A person who:
(a) Commits or offers to commit prostitution; or
(b) Procures another for prostitution by engaging in sexual activity in a manner likely to transmit the human
immunodeficiency virus, and who, prior to the commission of such crime, had tested positive for human
immunodeficiency virus and knew or had been informed that he or she had tested positive for human
immunodeficiency virus and could possibly communicate such disease to another person through sexual activity
commits criminal transmission of HIV, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083,
or s. 775.084. A person may be convicted and sentenced separately for a violation of this subsection and for the
underlying crime of prostitution or procurement of prostitution.
_____________________________________________
For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
criminal defense attorney about your situation or to schedule a Free Initial Consultation. The Wilson Law Firm
represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
Ocoee, Orlando, Oviedo, Saint Cloud, Sanford, Windermere, Winter Garden, Winter Park and Winter Springs, as well
as Lake County, Orange County, Osceola County, and Seminole County, Florida.
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| Call Today: (407) 648-5255 |
Orlando Criminal Attorney & Orange County Florida DUI Lawyer -
Orlando Criminal Lawyer & Orange County Florida DUI Attorney
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