Prostitution in Florida
Criminal Defense Attorney in Florida




Understanding Laws of Prostitution in Orlando, Florida: A Guide by a Criminal Defense Attorney
Florida law categorizes several offenses related to prostitution as illegal. This not only applies to those engaging in prostitution but also includes those who facilitate or solicit prostitution. Here, we delve into the specifics of Florida’s prostitution laws and discuss potential defense strategies.
What are the Elements of Prostitution in Florida?
Under Sec. 796.07, Florida Statutes, it’s considered illegal for any person to engage in a variety of activities related to prostitution. These include, but are not limited to:
- Engaging in or attempting to engage in prostitution, defined as the “giving or receiving of the body for sexual activity for hire,” excluding sexual activity between spouses;
- Purchasing a prostitute’s services;
- Aiding or abetting in any of the above offenses.
Additionally, committing prostitution while knowing one tested positive for a sexually transmissible disease, and could transmit the disease through sexual activity, is a separate offense.
What are the Penalties for Prostitution in Florida?
Basic Penalties
Prostitution in Florida carries penalties that escalate with each offense, ranging from second-degree misdemeanors to third-degree felonies. The specifics are as follows:
Offense | Penalty |
---|---|
First Offense | Second-degree misdemeanor, up to 60 days in jail or 6 months of probation, and a $500 fine. |
Second Offense | First-degree misdemeanor, up to 1 year in jail or 1 year of probation, and a $1,000 fine. |
Third or Subsequent Offense | Third-degree felony, up to 5 years in prison or 5 years of probation, and a $5,000 fine. |
How Can I Fight a Charge of Prostitution in Florida?
Challenging a prostitution charge in Florida can be complex, but there are several defenses that an experienced attorney can employ to defend your rights. These include:
- Motion to suppress: A motion to suppress seeks to exclude evidence that was obtained in violation of your constitutional rights. This could be due to an illegal search, seizure, or arrest.
- Alibi defense: An alibi defense argues that you were somewhere else when the alleged crime occurred, effectively providing a solid defense if it can be corroborated.
- Lack of evidence: The prosecution must provide sufficient evidence to prove the offense beyond a reasonable doubt. If the evidence is weak or circumstantial, your attorney can argue for a dismissal or reduction of charges.
- Mistake or misunderstanding: Sometimes, situations are misinterpreted, and people are wrongfully accused. If you can prove that there was a misunderstanding, or the incident was a mistake, you may be able to get your charges dismissed.
FAQs About Prostitution Laws in Florida
1. What defines prostitution in Florida?
Prostitution is defined in Florida as the “giving or receiving of the body for sexual activity for hire,” excluding sexual activity between spouses.
2. What are the penalties for a first-time prostitution offense in Florida?
A first offense is a second-degree misdemeanor, punishable by up to 60 days in jail or 6 months of probation, and a $500 fine.
3. Can I face charges if I didn’t engage in prostitution but aided someone else?
Yes, aiding or abetting in any offenses related to prostitution is considered illegal under Florida law.
4. What’s an alibi defense?
An alibi defense argues that you were somewhere else when the alleged crime occurred. This defense is valid if it can be substantiated with evidence.
5. Can I be charged for prostitution if I tested positive for a sexually transmissible disease?
Yes, committing prostitution while knowing you tested positive for a sexually transmissible disease is a separate offense under Florida law.
Protect Your Reputation with a Skilled Central Florida Prostitution Defense Attorney
The penalties for prostitution in Florida can be severe, depending on the nature of the violation and the number of offenses. With potential penalties ranging from jail time to hefty fines, it is critical to seek the help of a skilled Central Florida prostitution defense attorney. At Leppard Law, we bring over 50 years of combined experience in criminal defense to your case. Our attorneys are available for a free consultation 24/7 at 407-476-4111. Don’t let a prostitution charge dictate your future—fight back with Leppard Law.
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