I am an experienced central Florida prostitution & solicitation lawyer, familiar with Craigslist or other online websites sting operations. I examine each case to determine if it can be dismissed & removed from your record. If this is your first offense, you may qualify for pretrial diversion. Call me for a free consultation. I have defended hundreds of prostitution cases. Once hired, I will:
- Collect and review all written, audio and video evidence;
- Identify all possible defenses;
- Qualify you for a pretrial diversion program;
- Immediately start negotiating your case with your prosecutor, and
- Do whatever is necessary to avoid a soliciting prostitution conviction.
The Facts of Your Prostitution Case are Very Important
The constitution guarantees that people be free from illegal police conduct. This includes illegal searches, coercion and entrapment. It is important for you to know if any of your constitutional rights have been violated. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal conduct. Important questions that should be answered in any prostitution case to determine if the police acted lawfully are:
- Was the incident recorded on video?
- Was there an actual agreement of an exchange of money for a sex act?
- Did the police officer lie or mislead you?
- Were you read your Miranda rights?
- Were any of your statements illegally obtained?
- Are there other factors or motivations that show lack of intent?
- Is there a lack of evidence or a conflict in the evidence?
How is Soliciting for Prostitution Defined under Florida Law?
Under Florida law 796.07 , the offense of prostitution can be committed in multiple ways. The two most commonly charged offenses are: (1) Offering to Commit, Committing, or Engaging in Prostitution, Lewdness or Assignation, and (2) Soliciting for Prostitution, Lewdness, or Assignation.
Florida Statute 796.07(1)(e)
This subsection makes it illegal for a person to offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation.” This subsection is often used to charge the prostitute.
Florida Statute 796.07(1)(f)
This subsection makes it illegal for a person to solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.
Prostitution is the giving or receiving of the body for sexual activity for hire. The term does not include sexual activity between spouses.
Lewdness is any indecent or obscene act. Indecent connotes wicked, lustful, unchaste, licentious, or sensual intention” on part of the person doing the act.
Sexual activity is the oral, anal, or vaginal penetration by, or union with, the sexual organ of another, anal or vaginal penetration of another by an object, or the handling or fondling of a sexual organ of another for purposes of masturbation. The term does not include acts done for bona fide medical purposes.
Assignation is the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.
What are the Penalties in Florida for Soliciting Prostitution?
For a first offense, prostitution or soliciting of prostitution is a second-degree misdemeanor, punishable by up to 60 days in jail, a $5,000 mandatory fine and a permanent criminal record. For a second offense, the act is first-degree misdemeanor, punishable by up to 365 days in jail. A person convicted of a third or subsequent offense commits a third-degree felony, punishable by up to 5 years in prison. Other penalties include
- supervised probation
- mandatory HIV/STD testing
- drug treatment
- a mandatory $5,000 prostitution surcharge
- no return to an exclusionary zone.
Online Escort Services & Possible Entrapment
Entrapment can be asserted if you were enticed to commit a crime that you otherwise would not have committed. There is objective entrapment and subjective entrapment. Objective entrapment relates to due process and fundamental fairness and is ruled on by the judge. Subjective entrapment is an issue for the jury. There are also other defenses that may apply to your soliciting for prostitution case including investigative mistakes by law enforcement, mistaken identity and violating your Miranda rights.
Prostitution Undercover Police Sting Operations
Most prostitution cases in Orange County or Seminole County, Fla. begin with an undercover police sting operation. Many of these sting operations relate to an online advertisement in the escort or body rub section of Craigslist or other online websites. Some sting operations relate to the consensual encounter section of Craigslist.org. Undercover police officers are making arrests for men who respond to a Craigslist or other online websites. advertisement offering out-call service and female escorts who offer out-call service.
An undercover female officer will get the male to agree to payment of money in exchange for a specific sex act. Often times she will state the sex act to be performed and the amount of money to be paid. Once an agreement is made, she will give a prearranged verbal take-down signal for other undercover police officers in an adjacent room to enter her hotel room and make the arrest. These conversations will often be recorded and monitored by other police officers in the adjacent hotel room. The suspect is arrested and charged with soliciting a prostitute.
Undercover officers are now setting up sting operations for female escorts who offer out-call service as well. A male undercover police officer, often posing as a businessman on vacation, will call from a hotel room and arrange for out-call service. When the escort arrives at the hotel room, the officer will get the escort to agree to a specific sex act for payment. The undercover office will put the money on the nightstand and say the take-down signal for the officers hiding in the adjoining room. Once this happens the officers move in, arrest the escort and move her to the adjoining room for processing.
Important Soliciting Case Law
State v. Jones, 4D14-3019 (Fla. 4th DCA 2015) The $5,000 civil penalty for solicitation of prostitution is not grossly disproportional to the gravity of the offense so as to violate the Eighth Amendment.
Oyler v. State, 162 So.3d 200 (Fla. 5th DCA 2015) Defendant who asserted entrapment defense, should not have been precluded from offering evidence that he had never been arrested in prosecution for use of a computer to lure minor to commit unlawful sexual conduct. Evidence of lack of prior criminal history was relevant to entrapment defense.
Orange County Prostitution and Solicitation Lawyer
If you have been accused of prostitution or solicitation for prostitution in Central Florida contact an experienced Orlando prostitution defense lawyer to discuss your case. My Orange County prostitution and solicitation law firm offers a free confidential consultations to all prospective clients. In addition to keeping extended business hours, my office is open every Saturday. Call 407-740-7275 to speak directly with me.
I am an experienced central Florida prostitution & solicitation lawyer, familiar with Craigslist or other online websites sting operations. I examine each case to determine if it can be dismissed & removed from your record. If this is your first offense, you may qualify for pretrial diversion. Call me for a free consultation. I have defended hundreds of prostitution cases. Once hired, I will:
- Collect and review all written, audio and video evidence;
- Identify all possible defenses;
- Qualify you for a pretrial diversion program;
- Immediately start negotiating your case with your prosecutor, and
- Do whatever is necessary to avoid a soliciting prostitution conviction.
The Facts of Your Prostitution Case are Very Important
The constitution guarantees that people be free from illegal police conduct. This includes illegal searches, coercion and entrapment. It is important for you to know if any of your constitutional rights have been violated. Unlawful police conduct can lead to the suppression of evidence and statements obtained after the illegal conduct. Important questions that should be answered in any prostitution case to determine if the police acted lawfully are:
- Was the incident recorded on video?
- Was there an actual agreement of an exchange of money for a sex act?
- Did the police officer lie or mislead you?
- Were you read your Miranda rights?
- Were any of your statements illegally obtained?
- Are there other factors or motivations that show lack of intent?
- Is there a lack of evidence or a conflict in the evidence?
How is Soliciting for Prostitution Defined under Florida Law?
Under Florida law 796.07 , the offense of prostitution can be committed in multiple ways. The two most commonly charged offenses are: (1) Offering to Commit, Committing, or Engaging in Prostitution, Lewdness or Assignation, and (2) Soliciting for Prostitution, Lewdness, or Assignation.
Florida Statute 796.07(1)(e)
This subsection makes it illegal for a person to offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation.” This subsection is often used to charge the prostitute.
Florida Statute 796.07(1)(f)
This subsection makes it illegal for a person to solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.
Prostitution is the giving or receiving of the body for sexual activity for hire. The term does not include sexual activity between spouses.
Lewdness is any indecent or obscene act. Indecent connotes wicked, lustful, unchaste, licentious, or sensual intention” on part of the person doing the act.
Sexual activity is the oral, anal, or vaginal penetration by, or union with, the sexual organ of another, anal or vaginal penetration of another by an object, or the handling or fondling of a sexual organ of another for purposes of masturbation. The term does not include acts done for bona fide medical purposes.
Assignation is the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.
What are the Penalties in Florida for Soliciting Prostitution?
For a first offense, prostitution or soliciting of prostitution is a second-degree misdemeanor, punishable by up to 60 days in jail, a $5,000 mandatory fine and a permanent criminal record. For a second offense, the act is first-degree misdemeanor, punishable by up to 365 days in jail. A person convicted of a third or subsequent offense commits a third-degree felony, punishable by up to 5 years in prison. Other penalties include
- supervised probation
- mandatory HIV/STD testing
- drug treatment
- a mandatory $5,000 prostitution surcharge
- no return to an exclusionary zone.
Online Escort Services & Possible Entrapment
Entrapment can be asserted if you were enticed to commit a crime that you otherwise would not have committed. There is objective entrapment and subjective entrapment. Objective entrapment relates to due process and fundamental fairness and is ruled on by the judge. Subjective entrapment is an issue for the jury. There are also other defenses that may apply to your soliciting for prostitution case including investigative mistakes by law enforcement, mistaken identity and violating your Miranda rights.
Prostitution Undercover Police Sting Operations
Most prostitution cases in Orange County or Seminole County, Fla. begin with an undercover police sting operation. Many of these sting operations relate to an online advertisement in the escort or body rub section of Craigslist or other online websites. Some sting operations relate to the consensual encounter section of Craigslist.org. Undercover police officers are making arrests for men who respond to a Craigslist or other online websites. advertisement offering out-call service and female escorts who offer out-call service.
An undercover female officer will get the male to agree to payment of money in exchange for a specific sex act. Often times she will state the sex act to be performed and the amount of money to be paid. Once an agreement is made, she will give a prearranged verbal take-down signal for other undercover police officers in an adjacent room to enter her hotel room and make the arrest. These conversations will often be recorded and monitored by other police officers in the adjacent hotel room. The suspect is arrested and charged with soliciting a prostitute.
Undercover officers are now setting up sting operations for female escorts who offer out-call service as well. A male undercover police officer, often posing as a businessman on vacation, will call from a hotel room and arrange for out-call service. When the escort arrives at the hotel room, the officer will get the escort to agree to a specific sex act for payment. The undercover office will put the money on the nightstand and say the take-down signal for the officers hiding in the adjoining room. Once this happens the officers move in, arrest the escort and move her to the adjoining room for processing.
Important Soliciting Case Law
State v. Jones, 4D14-3019 (Fla. 4th DCA 2015) The $5,000 civil penalty for solicitation of prostitution is not grossly disproportional to the gravity of the offense so as to violate the Eighth Amendment.
Oyler v. State, 162 So.3d 200 (Fla. 5th DCA 2015) Defendant who asserted entrapment defense, should not have been precluded from offering evidence that he had never been arrested in prosecution for use of a computer to lure minor to commit unlawful sexual conduct. Evidence of lack of prior criminal history was relevant to entrapment defense.
Orange County Prostitution and Solicitation Lawyer
If you have been accused of prostitution or solicitation for prostitution in Central Florida contact an experienced Orlando prostitution defense lawyer to discuss your case. My Orange County prostitution and solicitation law firm offers a free confidential consultations to all prospective clients. In addition to keeping extended business hours, my office is open every Saturday. Call 407-740-7275 to speak directly with me.
