Many people engage in sex work, even though it is illegal in the vast majority of the country. However, the state of Florida still considers some sexual acts to be prostitution—the exchange of sexual acts for money or something of value—and it criminalizes prostitution. Both the seller and the buyer face potential punishment for the offense. Additionally, third parties who are involved in the transaction and act like brokers—commonly known as pimps or madams—may be criminally liable, as well.
Law enforcement used to concentrate on punishing the supply side of prostitution, focusing on sex workers. However, evolving thoughts about sex work have led to the view that many sex workers are victims rather than willing participants. As a result, the focus of many law enforcement operations—commonly known as stings—has been to target potential customers and third parties involved in sex work.
If you have been caught in one of these sting operations, the consequences can be severe, which necessitates calling an experienced criminal lawyer. While customers rarely face severe criminal consequences upon a first conviction, these charges can ruin your personal and professional life. Additionally, factors like the age of the alleged sex worker or the number of related offenses can dramatically change the outcome. A Clermont prostitution lawyer can help you understand the charges against you and prepare a defense based on the facts underlying those charges.
Florida Statutes § 796.07 describes a wide range of sexual activity between two people, not including spouses. Prohibited acts include non-medical oral, anal, or female genital penetration, fondling, or handling by organs or objects. The law also contains a broad prohibition against lewdness, which it defines as indecent or obscene acts.
In addition to buying or selling sexual services, the law prohibits people from owning any type of structure for lewdness or prostitution, adults offering services that would be considered lewd or prostitution, transporting anyone for the purposes of prostitution, offering or enticing a third party for lewdness or prostitution.
Prostitution is an adult offense for the person offering the services. Underage sex workers should not be charged with prostitution, and customers who solicit underage sex workers may find themselves with additional charges related to child sexual abuse. In addition, it may be a defense to prostitution charges that a sex worker was not willingly engaged in prostitution but forced into it through human trafficking. Most Clermont prostitution attorneys would agree that, generally, customers do not have the same defenses, nor do most third-party facilitators.
For customers and sex workers, a first prostitution offense is a second-degree misdemeanor. The likelihood of jail time is slim, though a person may get probation and a fine. While jail time is unlikely, it is a possibility. A second offense becomes a first-degree misdemeanor, and a third offense can be charged as a felony.
Potential punishments may depend on the prosecutor and judge that a defendant gets, as well as the individual’s personal history. A Clermont attorney can help defendants understand local trends in prostitution prosecutions.
Even first offenders can face up to 60 days in jail. They are more likely to get probation, which includes mandatory STD testing and an AIDS awareness program. These proceedings are public, so it is unlikely that a defendant can keep family, friends, or employers from finding out the information. A second violation carries a potential punishment of up to a year in jail or 12 months of probation. A third violation has a potential sentence of up to five years in prison.
Courts are much more likely to take a strict approach to facilitators like pimps. The law also contains provisions designed to help reduce the demand for sex work. Known as “John Statutes,” these provisions include shame-based punishments. They might include vehicle seizure, mandatory jail time, and publishing a customer’s name in a John registry.
Getting busted for prostitution can be a life-ruining experience. The sooner you get an attorney’s help, the more likely you are to get ahead of the charges and minimize their impact on your life. Schedule a consultation with a Clermont prostitution lawyer as soon as possible. They can help you understand the charges, potential consequences, and available defenses.
The Umansky Law Firm Criminal Defense & Injury Attorneys
