Florida Prostitution, The Seller And Florida Statutes

The Law

Florida Statute Section 796.07 is the most common statute to arrest and prosecute prostitution offenses in Florida.  Specifically, Florida Statute Section 796.07(2)(e) is the most common statute used to arrest and prosecute sex sellers in Florida.  Florida Statute Section 796.07(2)(e) states “it is unlawful for a person 18 years of age or older to offer to commit, or to commit, or to engage in prostitution, lewdness, or assignation”.

Florida Statute Section 796.07(1) states:

Prostitution means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.

Lewdness means any indecent or obscene act.

Assignation means the making of an appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or exchange.

Sexual Activity means oral, anal, or female genital penetration by, or union with , the sexual organ of another; anal or female genital penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation; however, the term does not include acts done for a bona fide medical purpose.

The Punishment

Florida Statute Section 796.07(2)(e) states that a first offense is a second degree misdemeanor, a second offense is a first degree misdemeanor and a third or subsequent offense is a third degree felony.

A second degree misdemeanor is punishable by up to sixty days in jail, up to six months on probation and up to a $500 fine.

A first degree misdemeanor is punishable by up to one year in jail, up to one year on probation and up to a $1,000 fine.

A third degree felony is punishable by up to five years in prison, up to five years on probation and up to a $5,000 fine.

Mandatory Minimums For Florida Statute Section 796.07(2)(e)

Unlike Florida Statute Section 796.07(2)(f), Florida Statute Section 796.07(2)(e) has no mandatory minimum penalties.

The Lawyer

Call 407-740-8300 for a free consultation with a 20+ year experienced former prostitution prosecutor to find out what can be done to get your charge dropped.

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Orlando Criminal Defense Lawyer