Prostitution and Solicitation
Prostitution and solicitation are illegal and can result in criminal charges, as well as stiff penalties if you are convicted. It is important to talk to a reputable Miami sex crime attorney about your situation if you have been charged with an offense of this nature, even if it is only a first offense. At the Hoffman Firm, we help our clients develop strong strategies against misdemeanor and felony prostitution charges. The most appropriate defense strategy may be substantive or it may be procedural, and experienced criminal defense counsel can advise you as to the best approach in your case.Prostitution and Solicitation
There are different ways that prostitution may be perpetrated in Florida. Under state law, prostitution may involve committing prostitution, offering to commit prostitution, lewdness, and soliciting for prostitution, among other things.
Florida Statutes section 796.07(1)(e) provides that it is a crime for someone to offer to commit, commit, or be involved in prostitution, lewdness, or assignation. Under the statute, prostitution occurs when there is giving or receiving of a body for sexual activity for hire, not including spousal sexual activity. Lewdness occurs where there are obscene or indecent acts, with indecent acts involving lustful, wicked, licentious, or unchaste acts as well as those with sensual intention by the person perpetrating the act. Sexual activity spans different kinds of penetration and union, including vaginal, anal, and oral, either with a sexual organ of another or by an object. Assignation involves making an appointment or arrangement for lewdness or prostitution, or an act to further these.
Under section 796.07(f), you can be charged with soliciting for prostitution, lewdness, or assignation if you try to get or procure or entice or induct somebody to perpetrate these crimes. A solicitation is an earnest ask or an attempt to get the solicited individual to do whatever is solicited, whether that’s to prostitute themselves or to behave lewdly or to make an appointment for prostitution.Sentencing for Prostitution or Solicitation
The sentence you may face for prostitution or solicitation depends on the specific charge, and a skilled criminal defense lawyer can help you seek to minimize the punishment in your case. If you’re charged for the first time with any of the prostitution crimes under section 796.07 except for solicitation, you can face second degree misdemeanor charges. A conviction can result in a maximum of 60 days of imprisonment. If you’re charged a second time with any crime except for solicitation, it’s a first degree misdemeanor and you can face a maximum of one year of imprisonment. If you are charged a third or subsequent time for any crime except solicitation, you can be charged with a third degree felony. Third degree felonies can result in a sentence of up to 5 years of imprisonment.
Solicitation is punished more harshly than other prostitution crimes under section 796.07. A first violation involving solicitation of prostitution, lewdness, or assignation is charged as a first degree misdemeanor. A second violation is charged as a third degree felony. A third or subsequent violation is charged as a second degree felony, which is very serious.
If you commit solicitation, you will be assessed a civil penalty of $5000 if the court makes any disposition other than dismissal or acquittal. Out of proceeds from the penalty, a portion is paid to the circuit court administrator in order to pay administrative costs of treatment-based drug court programs, and the rest is deposited with the goal of funding safe houses and safe foster homes.
Additionally, you can be required to perform 100 hours of community service and pay for and go to an educational program about the adverse effects of prostitution and human trafficking. With a second or subsequent offense, you will face a mandatory minimum period of incarceration of 10 days. When solicitation is committed while using a vehicle, the judge can order the vehicle to be impounded for a maximum of 60 days.Sex Crime Attorney for Miami Residents
If you are facing charges for prostitution or solicitation in Miami, skillful criminal defense lawyer Evan Hoffman may be able to help. At the Hoffman Firm, we also represent those accused of crimes at the trial and appeal level in areas such as Miami Beach, North Miami, Key Biscayne, and Aventura. Contact us at (305) 249-0090 or via our online form for a free, confidential consultation.