Prostitution-related charges in Florida carry serious legal and personal consequences. Whether you are facing accusations of soliciting, engaging in, or profiting from prostitution, a conviction can lead to criminal penalties, damage to your reputation, and long-term consequences that impact employment and personal relationships. Understanding Florida’s prostitution laws, the potential penalties, and available defense strategies is essential for anyone facing these charges. The Sombathy Law Firm is committed to providing skilled legal representation to protect your rights and guide you through the legal process.
Florida Prostitution Laws
Florida’s laws on prostitution and related offenses are primarily governed by Florida Statutes Chapter 796. These laws criminalize various acts, including engaging in, soliciting, or profiting from prostitution.
Engaging in Prostitution
Under Florida law, a person commits prostitution by engaging in or offering to engage in sexual activity for money or other compensation. Even an agreement or an offer to participate in such an act can lead to charges, even if no money is exchanged or the act is not completed.
Solicitation of Prostitution
Soliciting prostitution occurs when a person offers or agrees to pay another person for sexual acts. This charge applies to individuals attempting to hire a sex worker and can result in severe legal consequences. Law enforcement often conducts undercover sting operations to catch individuals soliciting prostitution, making it possible for people to be arrested without realizing they were interacting with police.
Pimping and Procuring
Florida Statute 796.07(2)(b) & (c)
Profiting from or facilitating prostitution is also a serious offense in Florida. These laws target individuals who:
- Induce or encourage another person to engage in prostitution
- Profit from the earnings of prostitution
- Provide a location or services for prostitution to take place
Human Trafficking and Aggravated Prostitution Charges
If a prostitution-related offense involves coercion, force, or exploitation of a minor, charges may escalate to human trafficking, which carries far more severe penalties, including potential life imprisonment.
Penalties for Prostitution-Related Offenses
The severity of the penalties for prostitution charges depends on the nature of the offense and whether the accused has prior convictions.
- First Offense: First-time offenders typically face second-degree misdemeanor charges, which can result in up to 60 days in jail, a fine of up to $500, and mandatory completion of an educational program.
- Second Offense: A second conviction is a first-degree misdemeanor, punishable by up to one year in jail and a fine of up to $1,000.
- Third or Subsequent Offenses: A third offense is classified as a third-degree felony, punishable by up to five years in prison and a $5,000 fine.
- Solicitation Penalties: Individuals convicted of soliciting prostitution must complete 100 hours of community service, attend a prostitution and human trafficking awareness course, and may have their vehicle impounded if used in the offense.
- Enhanced Penalties for Minors: If the alleged offense involves a minor under 18, the charge is automatically a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine.
Consequences Beyond Criminal Penalties
A prostitution conviction can have lasting effects beyond jail time and fines, including:
- Permanent Criminal Record: A conviction can appear on background checks, affecting job opportunities and professional licensing.
- Reputation Damage: A prostitution charge can have significant social and personal repercussions.
- Driver’s License Suspension: In some cases, individuals convicted of solicitation may face a temporary driver’s license suspension.
- Impact on Immigration Status: Non-U.S. citizens convicted of prostitution-related offenses may face deportation or denial of future immigration benefits.
Defending Against Prostitution Charges
If you have been charged with a prostitution-related offense, an experienced criminal defense attorney can help build a strong defense. Common defense strategies include:
Entrapment
Law enforcement sting operations are common in prostitution cases. If officers coerced or improperly induced an individual into committing a crime they otherwise would not have committed, this could be grounds for an entrapment defense.
Lack of Evidence
Prosecutors must prove beyond a reasonable doubt that an individual knowingly engaged in prostitution or solicitation. The case may be dismissed if there is insufficient evidence—such as unreliable witness testimony or lack of physical proof.
Misunderstanding or False Allegations
In some cases, individuals may be wrongly accused due to misunderstandings, miscommunications, or false allegations. A defense attorney can work to challenge the prosecution’s evidence and testimony.
Violation of Rights
If law enforcement officers violated your constitutional rights during the investigation—such as conducting an illegal search, failing to read Miranda rights, or using coercion—your attorney may be able to have evidence suppressed or charges dropped.
Protect Your Future with Sombathy Law Firm
If you are facing prostitution-related charges in Panama City Beach, you need a strong legal defense to protect your future. Sombathy Law Firm understands the complexities of Florida’s criminal laws and is dedicated to providing aggressive representation. Contact us today to schedule a consultation and discuss your case.