Florida Statute §796.07 | Classification: Second-Degree Misdemeanor to Third-Degree Felony
What Is This Charge?
Prostitution in Florida is defined as the giving or receiving of the body for sexual activity for hire. Florida law also criminalizes the offer or agreement to engage in prostitution, regardless of whether any sexual act actually occurs.
Penalties & Fines
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First offense: Second-Degree Misdemeanor — up to 60 days jail, $500 fine
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Second offense: First-Degree Misdemeanor — up to 1 year jail, $1,000 fine
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Third or subsequent offense: Third-Degree Felony — up to 5 years, $5,000 fine
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Mandatory HIV testing upon conviction
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Mandatory attendance at educational program on the dangers of prostitution and human trafficking
Additional Consequences
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Permanent criminal record
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Immigration consequences for non-citizens
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Social stigma affecting employment and housing
Possible Defenses
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Entrapment — law enforcement induced you to commit an act you would not have otherwise committed
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No agreement or offer was actually made
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The communication was ambiguous and did not constitute a firm agreement
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The alleged act was not sexual activity as defined by the statute
Why You Need a Defense Attorney
Prostitution charges frequently arise from undercover sting operations, and entrapment is a legitimate defense in appropriate circumstances. An attorney will review the undercover officer’s conduct, the communications exchanged, and whether the legal definition was actually met. Diversion options may be available for first-time offenders.
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