Jacksonville Lawyers Explain the Elements of Prostitution Crimes and Possible Defenses
Prostitution is illegal in Florida, and engaging in prostitution or soliciting prostitution carries criminal penalties. Jacksonville criminal defense attorneys regularly defend clients accused of prostitution and explain the elements the state must prove. They also discuss possible defenses to fight the charges.
The Crime of Prostitution in Florida
Under Florida statute 796.07, it is illegal to engage in prostitution, which is defined as “the giving or receiving of the body for sexual activity for hire.” Prostitution involves agreeing to perform a sexual act in exchange for something of value.
The crime of prostitution in Florida has three elements the prosecution must prove:
- An agreement was made between two or more people to engage in sexual activity
- The agreement involved giving or receiving something of value (usually money) in exchange for the sexual activity
- An overt act was taken in furtherance of the agreement, like exchanging money or arriving at a meeting place
“Sexual activity” refers to oral, anal, or vaginal penetration by an object or body part. This can include intercourse, oral sex, masturbation of another person, sadomasochistic acts, and more.
Simply discussing or negotiating prostitution is not enough to be convicted under Florida law. There must be an actual agreement to engage in sexual activity for hire.
Penalties for Prostitution in Florida
Prostitution is a second-degree misdemeanor in Florida. Penalties include:
- Up to 60 days in jail
- Up to 6 months probation
- Up to $500 in fines
- Permanent criminal record
Subsequent prostitution convictions are first-degree misdemeanors with harsher penalties of up to 1 year in jail and $1,000 in fines.
Defenses Jacksonville Lawyers Use Against Prostitution Charges
Skilled Jacksonville criminal defense attorneys can often get prostitution charges reduced or dismissed by raising legal defenses. Common defenses include:
1. No Agreement Was Made
One defense is to argue no actual agreement took place. There must be clear evidence like text messages, phone calls, emails, etc showing you agreed to exchange sex for money. Simply discussing prostitution is not enough. If evidence of an agreement is lacking, an attorney can fight to get charges dismissed.
2. Entrapment
This defense claims you were unfairly induced or coerced into committing a crime you otherwise wouldn’t have. Undercover cops often use entrapment tactics like aggressively soliciting people or proposing quid pro quo deals. A skilled lawyer can argue you only engaged with police because of their coercive tactics.
3. Mistaken Identity
Sometimes police mistakenly identify the wrong person. An attorney can argue you are not the person who engaged in prostitution and it was a case of mistaken identity. Physical discrepancies between you and the description of the perpetrator can be used to prove mistaken identity.
4. Duress or Coercion
If you engaged in prostitution under threat or coercion, this can be a defense. Jacksonville lawyers may argue you only agreed to commit the crime because you feared immediate harm if you refused. This can apply to human trafficking victims forced into prostitution by threats of violence.
Related Crimes Jacksonville Lawyers Defend
In addition to prostitution, Jacksonville criminal defense attorneys commonly defend related crimes like:
- Soliciting Prostitution – offering to pay someone to engage in prostitution
- Deriving Support from Prostitution – knowingly living off the earnings of a prostitute
- Sex Trafficking – using force or coercion to cause someone to engage in prostitution
Jacksonville criminal defense lawyers can analyze the evidence and build strong defenses against each of these charges. The goal is getting charges reduced or dismissed so the accused can move on with their life.
Work with a Jacksonville Criminal Defense Attorney
Being accused of prostitution or a related crime can negatively impact your reputation and future. But experienced Jacksonville lawyers understand how to fight these charges. Do not hesitate to call an attorney if you or a loved one is facing prostitution charges in Jacksonville. A skilled defense lawyer will protect your rights at every stage.