Prostitution has long been prosecuted in the United States, but until several decades ago, the client seeking sexual contact with the prostitute was not vigorously prosecuted. A general belief grew in society that sex workers were being exploited by their customers and that many suffered from substance use disorders or poverty. Florida enacted a very strict criminal statute to discourage and punish anyone convicted of “soliciting prostitution.”
At Stechschulte Nell, Attorneys at Law in Tampa, we are convinced that everyone in our community should fully understand the law to avoid acting in a manner that they did not realize violated a criminal statute. If you are arrested for soliciting prostitution, call Stechschulte Nell for help today.
What Is Soliciting for Prostitution in Florida?
Under Florida Statute 796.07(f), it is a crime “[t]o solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.” (Assignation is making an appointment or agreement to engage in sexual activity.)
The allegation that someone solicited a prostitute is especially damaging to the reputation of the accused, even if they are eventually acquitted or otherwise exonerated. The mere public association of someone’s name with a prostitution charge can cost them significant social isolation, loss of work or business, damage to their marital relationship, and deep embarrassment with family and friends.
Florida Penalties for Soliciting Prostitution
The criminal statute penalizing someone convicted of soliciting prostitution imposes one of the strictest punishments among the various prostitution offenses.
1st Offense: Unlike a first offender charged with prostitution who faces a second-degree misdemeanor, a first-offense charge of soliciting prostitution can be convicted of a 1st-degree misdemeanor carrying up to 1 year in jail, a $1,000 criminal fine.
Plus, the law requires the convicted defendant to perform 100 hours of community service and to pay for and attend an educational program about the negative effects of prostitution and human trafficking.
2nd Offense: A second offense charge of soliciting prostitution is a 3rd-degree felony, punishable by a minimum of 10 days in jail, up to 5 years in state prison, and a $5,000 fine.
3rd Offense: A third offense carries a severe penalty as a 2nd-degree felony that carries a maximum sentence of up to 15 years in state prison and a $10,000 fine.
Additional Penalties in All Soliciting Prostitution Cases
Automobile Impounded
If a motor vehicle was used in the commission of the solicitation, the court could also order the defendant’s motor vehicle to be impounded for up to 60 days. As disruptive and inconvenient as this may be, the court clerk must notify every person with an ownership interest or a lien on the vehicle that it has been impounded.
The owner of the vehicle can get the car released or vacate the impound order if they can prove to the court one of the following circumstances applies:
- The family of the owner has no other means of transportation,
- The car was stolen when the defendant used it in the solicitation offense,
- The current owner of the vehicle purchased it after the offense and not with the intention to defeat the impound order,
- The defendant’s vehicle is only used by employees of the defendant’s business,
The owner of the vehicle has the right to a full evidentiary hearing on these circumstances if the court denies the order to dismiss the impound order.
Name Entered into Public Soliciting for Prostitution Database
Any person found guilty of soliciting prostitution will also have their name entered into a public database in which their criminal history and the fact that they solicited and/or paid for prostitution will be posted. This applies to those convicted after trial and those who plead guilty or nolo under an agreement for the court to “withhold adjudication.”
This penalty is especially harsh since withholding adjudication is designed to spare the defendant any conviction or permanent criminal record if they comply with the conditions the court places on them during a one-year period of probation. Unless the Florida legislature reauthorizes it, the database requirement is scheduled to be “sunset,” or repealed, on January 1, 2024.
Mandatory $5,000 Civil Penalty
A recent addition to the already severe penalties for soliciting prostitution in Florida is a mandatory $5,000 civil penalty that every defendant must pay if their case is disposed of in any manner other than by outright dismissal or acquittal.
Suspension of Driver’s License
Florida Statute 322.26(7) provides for the revocation of the driver’s license in any “violation of the law against lewdness, assignation, and prostitution where such violation has been effected through the use of a motor vehicle.” The constitutionality of this provision has not yet been ruled on.
What Must the Prosecution Prove in a Soliciting for Prostitution Case?
The prosecution must prove that the defendant tried to solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation. This requires the state to prove that the defendant intended to invite or arrange for sex in exchange for money.
As you might imagine, this is not an easy task for the state if they need to prove the entire set of events beyond a reasonable doubt. But the prosecution’s job is made easier by a special provision in the prostitution statute that allows the state to have evidence admitted in court that would not be admitted in other criminal cases.
To help the prosecution win a conviction, the law allows it to use testimony about the reputation of the place and the people involved in the case “in support of the charge.” The police may testify that the location is a “well-known place of prostitution” or that the defendant has a reputation for seeking prostitution.
Defenses to a Soliciting for Prostitution Charge
The skill and experience of a defendant’s criminal defense lawyer are key to the successful defense of a soliciting prostitution charge.
The typical scenario involves an undercover police officer posing as a person offering prostitution or sex in exchange for money. But the offense of soliciting only occurs if the defendant introduces or suggests and pursues the “assignation.” If the officer actively leads the defendant into the proposal, the defendant can claim the legal defense of entrapment.
The entrapment defense is viable when the defendant had no predisposition to commit the crime until the police or the police agent enticed them into committing the offense. What might have been a simple flirtation can become a solicitation for prostitution easily if the agent mentions or hints that they want to be rewarded for sex.
Other defenses could involve a simple misinterpretation of the defendant’s remarks. The defendant never intended to carry through with any sex. Or that any sex that was planned or that occurred was entirely noncommercial and merely two consenting adults engaged in private relations.
Every case is unique and will be analyzed in detail by an experienced and knowledgeable lawyer with years of courtroom practice.
See More > What to Do if You are Falsely Accused of a Sex Crime in Florida
Tampa Prostitution Defense
If you have been charged with soliciting prostitution or another sex crime in Tampa Bay or Florida, lean on our experienced attorneys at Stechschulte Nell Law.
We are ready to defend you. Call 813-280-1244 for a case review today.
