Board-Certified Criminal Trial Lawyer
Prostitution and solicitation are criminal offenses that carry serious consequences under Florida law. Many individuals mistakenly assume these are minor infractions, but depending on the circumstances and prior history, they can result in significant penalties, long-term stigma, and even felony charges. At The Sombathy Law Firm, we help clients in Panama City and Panama City Beach navigate the legal challenges that arise from prostitution and solicitation arrests, whether they were caught in a sting or facing charges due to a misunderstanding.
Understanding Florida’s Prostitution and Solicitation Laws
Florida Statutes § 796.07 governs prostitution-related offenses. Under this law, it is a criminal offense to:
- Offer to engage in or engage in prostitution
- Solicit another person to commit prostitution
- Enter or remain in a place for the purpose of prostitution
- Aid, abet, or participate in any way in prostitution activities
The law applies equally to the person offering sexual services and to the person soliciting or purchasing those services. Penalties vary based on the specific offense and whether it is a first or repeat violation.
Misdemeanor vs. Felony Classifications
First Offense
For a first-time prostitution or solicitation charge, the offense is typically a second-degree misdemeanor, punishable by:
- Up to 60 days in jail
- Up to $500 in fines
- Probation and mandatory community service
- Required attendance at a prostitution and human trafficking awareness course
Second Offense
A second offense is escalated to a first-degree misdemeanor, punishable by:
- Up to one year in jail
- Fines up to $1,000
- Additional probation conditions and possible court-ordered evaluations
Third and Subsequent Offenses
A third or subsequent offense is classified as a third-degree felony, which can result in:
- Up to five years in prison
- Up to $5,000 in fines
- Mandatory registration in diversion or rehabilitation programs
Additionally, if a vehicle was used in the commission of the offense, the court may impound the vehicle for up to 60 days, regardless of whether it belongs to the accused.
Soliciting a Minor or Human Trafficking Involvement
If the person solicited is under the age of 18 or if the accused is found to have knowingly solicited a trafficking victim, the charge becomes significantly more severe. Soliciting a minor is typically charged as a second-degree felony, which carries penalties of:
- Up to 15 years in prison
- A $10,000 fine
- Possible mandatory sex offender registration
These cases are aggressively prosecuted, and the stakes are high. An experienced criminal defense attorney is essential.
The Role of Sting Operations
In Florida, law enforcement agencies—including those in Bay County—regularly conduct sting operations to catch individuals engaged in prostitution or solicitation. Officers may pose as sex workers or buyers in person or online. If an individual agrees to exchange money for sexual acts—even via text or phone—they can be arrested and charged.
These operations often raise legal and constitutional concerns, particularly regarding issues such as entrapment, which can be a valid defense in some instances.
Possible Defenses to Prostitution or Solicitation Charges
Several legal defenses may apply depending on the facts of your case:
Entrapment
Entrapment occurs when law enforcement induces someone to commit a crime they would not have otherwise committed. If the defense can prove that the officer initiated the idea and pressured the accused, the charges may be dismissed.
Lack of Intent
If there is no clear agreement to exchange sex for money or the interaction was misunderstood, the prosecution may struggle to prove criminal intent beyond a reasonable doubt.
Insufficient Evidence
Cases involving undercover officers often rely on recordings or transcripts for evidence. If this evidence is missing, incomplete, or compromised, the state may not be able to proceed.
Mistaken Identity
In some cases—especially those involving online stings or hotel surveillance—there may be a case of mistaken identity or lack of conclusive evidence linking the accused to the act.
Can These Charges Be Sealed or Expunged?
If this is your first offense and you were not convicted, you may be eligible to have your record sealed or expunged. This is important because a prostitution or solicitation charge on your criminal record can harm your reputation, limit job opportunities, and affect housing or travel.
However, if you were convicted, sealing or expunging the record is generally not possible under Florida law. That’s why it’s critical to fight the charges aggressively from the outset.
Why You Need an Experienced Criminal Defense Attorney
Facing prostitution or solicitation charges can be humiliating, frightening, and confusing, especially if you’ve never been in trouble with the law before. At The Sombathy Law Firm, we take a nonjudgmental and strategic approach to criminal defense. Our team works to uncover flaws in the prosecution’s case, assess eligibility for diversion programs, and fight for the best possible outcome.
Whether you were caught in a sting operation, falsely accused, or simply made a mistake, you deserve a defense that protects your rights and your future.
If you’ve been arrested for prostitution or solicitation in Panama City or Panama City Beach, contact The Sombathy Law Firm today for a confidential consultation.
