Kissimmee Prostitution Lawyer
If you have been charged with prostitution in Kissimmee, Florida please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your prostitution charge dismissed or reduced. One way to get your prostitution charge dismissed is by completing a Pre-Trial Diversion program. Not every prostitution or solicitation case is eligible for a Pre-Trial Diversion program. See below for information about Pre-Trial Diversion.
Mandatory $5,000 Civil Penalty
A conviction for soliciting, inducing, enticing or procuring another to commit prostitution, lewdness or assignation requires you to pay a mandatory $5,000 civil penalty in addition to all the other court costs and financial requirements.
Mandatory 100 Hours Of Community Service
A conviction for soliciting, inducing, enticing or procuring another to commit prostitution, lewdness or assignation requires you to perform 100 hours of community service.
Mandatory Driver License Revocation
A conviction for soliciting, inducing, enticing or procuring another to commit prostitution, lewdness or assignation requires the Department of Highway Safety and Motor Vehicles to revoke the license or driving privilege of that person upon receiving a record of such persons’ conviction if a motor vehicle was used in the course of the violation.
Vehicle Impoundment Or Immobilization
A conviction for soliciting, inducing, enticing or procuring another to commit prostitution, lewdness or assignation allows the judge to order the impoundment or immobilization of a vehicle used in the course of the violation for a period of up to 60 days.
Mandatory 10 Days In Jail
A second or subsequent conviction for soliciting, inducing, enticing or procuring another to commit prostitution, lewdness or assignation requires the court to sentence the convicted person to at least 10 days in jail.
Former Prostitution Prosecutor
As a former prostitution prosecutor Chris has an understanding of what can be important to the prosecutor in your Kissimmee prostitution case. It is important to understand how the other side works. Chris uses this understanding to determine what needs to be done to get the best possible outcome in your prostitution case.
Kissimmee Prostitution Defense Lawyer Since 1999
Chris has been defending individuals in Kissimmee charged with prostitution and solicitation since 1999. Being an Kissimmee prostitution defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors in Kissimmee that handle prostitution cases like yours. Experience dealing with those judges and prosecutors is important in achieving the best results in your prostitution case.
Different Kissimmee Prostitution Defense Lawyers Get Different Results
When you have been charged with prostitution in Orlando you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you. A prostitution conviction will stay on your record forever, therefore, it is important to be represented by the right lawyer. The better prepared you are for your court appearance the more likely it is you will get a favorable outcome. The best results possible are rarely obtained by just hoping for them. Get the help you need at Chris S. Boatright, P.A. to get the best results possible.
Screening For HIV And Sexually Transmissible Diseases
(1)(a) For the purposes of this section, “sexually transmissible disease” means a bacterial, viral, fungal, or parasitic disease, determined by rule of the Department of Health to be sexually transmissible, a threat to the public health and welfare, and a disease for which a legitimate public interest is served by providing for regulation and treatment.
(b) In considering which diseases are designated as sexually transmissible diseases, the Department of Health shall consider such diseases as chancroid, gonorrhea, granuloma inguinale, lymphogranuloma venereum, genital herpes simplex, chlamydia, nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute salpingitis, syphilis, and human immunodeficiency virus infection for designation and shall consider the recommendations and classifications of the Centers for Disease Control and Prevention and other nationally recognized authorities. Not all diseases that are sexually transmissible need be designated for purposes of this section.
(2) A person arrested under s. 796.07 may request screening for a sexually transmissible disease under direction of the Department of Health and, if infected, shall submit to appropriate treatment and counseling. A person who requests screening for a sexually transmissible disease under this subsection must pay any costs associated with such screening.
(3) A person convicted under s. 796.07 of prostitution or procuring another to commit prostitution must undergo screening for a sexually transmissible disease, including, but not limited to, screening to detect exposure to the human immunodeficiency virus, under direction of the Department of Health. If the person is infected, he or she must submit to treatment and counseling prior to release from probation, community control, or incarceration. Notwithstanding the provisions of s. 384.29, the results of tests conducted pursuant to this subsection shall be made available by the Department of Health to the offender, medical personnel, appropriate state agencies, state attorneys, and courts of appropriate jurisdiction in need of such information in order to enforce the provisions of this chapter.
(4) A person who commits prostitution or procures another for prostitution and who, prior to the commission of such crime, had tested positive for a sexually transmissible disease other than human immunodeficiency virus infection and knew or had been informed that he or she had tested positive for such sexually transmissible disease and could possibly communicate such disease to another person through sexual activity commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime of prostitution or procurement of prostitution.
(5) A person who:
(a) Commits or offers to commit prostitution; or
(b) Procures another for prostitution by engaging in sexual activity in a manner likely to transmit the human immunodeficiency virus,
and who, prior to the commission of such crime, had tested positive for human immunodeficiency virus and knew or had been informed that he or she had tested positive for human immunodeficiency virus and could possibly communicate such disease to another person through sexual activity commits criminal transmission of HIV, a felony of the third degree, punishable as provided in s. 775.082, s.775.083, or s. 775.084. A person may be convicted and sentenced separately for a violation of this subsection and for the underlying crime of prostitution or procurement of prostitution.
In order for the State of Florida to prove you committed the crime of solicitation to commit prostitution, the State need’s evidence. Normally, the law enforcement officer’s report contains a statement of the evidence against you. However, there may be other evidence in your case which the law enforcement officer failed to document in the report. It is essential for you and your attorney to review all of the evidence in your case before preparing your defense. Some important questions are:
- Were there any witnesses to the incident and if so did they provide a statement?
- Was the incident recorded by audiotape and/or videotape?
The United States Constitution and the Florida Constitution both guarantee that people be free from self-incrimination. In order for a person to give up their privilege against self-incrimination the person must do so freely voluntarily and knowingly and that is why a person is normally advised of their Miranda rights after arrest but prior to any questioning by a law enforcement officer. It is important for you to know if your privilege against self-incrimination was violated. If your privilege against self-incrimination was violated evidence in your case may be inadmissible. Some important questions to consider are:
- Were you questioned by a law enforcement officer after you were arrested?
- Were you read your Miranda rights?
Kissimmee Prostitution Penalties
Solicitation and prostitution charges are normally both misdemeanor charges. If you are convicted of solicitation to commit prostitution, you will be required to undergo screening for sexually transmissible diseases under the direction of the Department of Health. If you are infected, you must submit to treatment and counseling prior to your release from probation, community control or incarceration. Further, a second conviction for solicitation to commit prostitution, which involves a motor vehicle will cause the court to revoke your driving privileges for a period of at least one year. Some of the additional penalties for a solicitation to commit prostitution conviction may include:
- Time in Jail
- Mandatory $5000 civil penalty
- Community Service
- Court Costs
*Program Fees and Costs subject to change without notice*
Information About Kissimmee Prostitution Charges
Prostitution And Related Acts
(1) As used in this section:
(a) “Prostitution” means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.
(b) “Lewdness” means any indecent or obscene act.
(c) “Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.
(d) “Sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; anal or vaginal 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 bona fide medical purposes.
(2) It is unlawful:
(a) To own, establish, maintain, or operate any place, structure, building, or conveyance for the purpose of lewdness, assignation, or prostitution.
(b) To offer, or to offer or agree to secure, another for the purpose of prostitution or for any other lewd or indecent act.
(c) To receive, or to offer or agree to receive, any person into any place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to remain there for such purpose.
(d) To direct, take, or transport, or to offer or agree to direct, take, or transport, any person to any place, structure, or building, or to any other person, with knowledge or reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation.
(e) To offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation.
(f) To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.
(g) To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution, lewdness, or assignation.
(h) To aid, abet, or participate in any of the acts or things enumerated in this subsection.
(i) To purchase the services of any person engaged in prostitution.
(3)(a) In the trial of a person charged with a violation of this section, testimony concerning the reputation of any place, structure, building, or conveyance involved in the charge, testimony concerning the reputation of any person residing in, operating, or frequenting such place, structure, building, or conveyance, and testimony concerning the reputation of the defendant is admissible in evidence in support of the charge.
(b) Notwithstanding any other provision of law, a police officer may testify as an offended party in an action regarding charges filed pursuant to this section.
(4)(a) A person who violates any provision of this section, other than paragraph (2)(f), commits:
(b) A person who is charged with a third or subsequent violation of this section, other than paragraph (2)(f), shall be offered admission to a pretrial intervention program or a substance abuse treatment program as provided in s. 948.08.
(5)(a) A person who violates paragraph (2)(f) commits:
(b) In addition to any other penalty imposed, the court shall order a person convicted of a violation of paragraph (2)(f) to:
1. Perform 100 hours of community service; and
2. Pay for and attend an educational program about the negative effects of prostitution and human trafficking, such as a sexual violence prevention education program, if such program exists in the judicial circuit in which the offender is sentenced.
(c) In addition to any other penalty imposed, the court shall sentence a person convicted of a second or subsequent violation of paragraph (2)(f) to a minimum mandatory period of incarceration of 10 days.
(d)1. If a person who violates paragraph (2)(f) uses a vehicle in the course of the violation, the judge, upon the person’s conviction, may issue an order for the impoundment or immobilization of the vehicle for a period of up to 60 days. The order of impoundment or immobilization must include the names and telephone numbers of all immobilization agencies meeting all of the conditions of s.316.193(13). Within 7 business days after the date that the court issues the order of impoundment or immobilization, the clerk of the court must send notice by certified mail, return receipt requested, to the registered owner of the vehicle, if the registered owner is a person other than the defendant, and to each person of record claiming a lien against the vehicle.
2. The owner of the vehicle may request the court to dismiss the order. The court must dismiss the order, and the owner of the vehicle will incur no costs, if the owner of the vehicle alleges and the court finds to be true any of the following:
a. The owner’s family has no other private or public means of transportation;
b. The vehicle was stolen at the time of the offense;
c. The owner purchased the vehicle after the offense was committed, and the sale was not made to circumvent the order and allow the defendant continued access to the vehicle; or
d. The vehicle is owned by the defendant but is operated solely by employees of the defendant or employees of a business owned by the defendant.
3. If the court denies the request to dismiss the order, the petitioner may request an evidentiary hearing. If, at the evidentiary hearing, the court finds to be true any of the circumstances described in sub-subparagraphs (d)2.a.-d., the court must dismiss the order and the owner of the vehicle will incur no costs.
(6) A person who violates paragraph (2)(f) shall be assessed a civil penalty of $5,000 if the violation results in any judicial disposition other than acquittal or dismissal. Of the proceeds from each penalty assessed under this subsection, the first $500 shall be paid to the circuit court administrator for the sole purpose of paying the administrative costs of treatment-based drug court programs provided under s. 397.334. The remainder of the penalty assessed shall be deposited in the Operations and Maintenance Trust Fund of the Department of Children and Families for the sole purpose of funding safe houses and safe foster homes as provided in s. 409.1678.
Defenses For Kissimmee Prostitution Charges
(1) A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.
(2) A person prosecuted for a crime shall be acquitted if the person proves by a preponderance of the evidence that his or her criminal conduct occurred as a result of an entrapment. The issue of entrapment shall be tried by the trier of fact.
The Defendant was entrapped if:
- They were, for the purpose of obtaining evidence of the commission of a crime, induced or encouraged to engage in conduct constituting the crime of the crime charged, and
- they were engaged in such conduct as the direct result of such inducement or encouragement, and
- the person who induced or encouraged them was a law enforcement officer or a person engaged in cooperating with or acting as an agent of a law enforcement officer, and
- the person who induced or encouraged them employed methods of persuasion or inducement which created a substantial risk that the crime would be committed by a person other than one who was ready to commit it, and
- they were not a person who was ready to commit the crime.
It is not entrapment if the defendant had the predisposition to commit the crime charged. The defendant had the predisposition if before any law enforcement officer or person acting for the officer persuaded, induced, or lured the defendant, the defendant had a readiness or willingness to commit the crime charged if the opportunity presented itself.
It also is not entrapment merely because a law enforcement officer, in a good faith attempt to detect crime, provided the defendant the opportunity, means, and facilities to commit the offense, which the defendant intended to commit and would have committed otherwise, used tricks, decoys, or subterfuge to expose the defendant’s criminal acts, was present and pretending to aid or assist in the commission of the offense.
On the issue of entrapment, the defendant must prove by the greater weight of the evidence that a law enforcement officer or agent induced or encouraged the crime charged. Greater weight of the evidence means that evidence which is more persuasive and convincing. If the defendant does so, the State must prove beyond a reasonable doubt that the defendant was predisposed to commit the crime charged. The State must prove defendant’s predisposition to commit the crime charged existed prior to and independent of the inducement or encouragement. An informant is an agent of law enforcement for purposes of the entrapment defense. If the defendant was entrapped, the defendant is not guilty of the crime charged. If, however, the defendant was not entrapped, the defendant is guilty if all of the elements of the charge have been proved by the State beyond a reasonable doubt.
Osceola County Pre-Trial Diversion Program For Prostitution Charges
This is a deferred prosecution program for selected misdemeanor charges and for selected individuals. This program is offered by the Office of the State Attorney and supervised by Osceola County Community Corrections. Successful completion of the Osceola County Misdemeanor Pre-Trial Diversion Program will result in the dismissal of your charge(s) by the Office of the State Attorney.
- You must have no prior sentence, conviction or dismissal for a similar charge, no prior felony convictions, no prior convictions for charges ineligible for diversion, and no prior adult diversion/deferred prosecution programs
- You must be a legal resident of the United States
- You must have no more than one prior misdemeanor conviction
- Your charge(s) must have no more than $1,000 in restitution
- You must be approved by the Office of the State Attorney
- Program length is 6 months
- Program cost is $300
- Program intake fee is an additional $20
- Program drug testing fee is an additional $17
- Program phone reporting fee is an additional $6-$7 per month
- Program Office of the State Attorney fee is an additional $100
- You must perform a minimum of 40 hours of alternative community work service
- Obtain a sex offender assessment and complete any recommended treatment
- Sexually transmitted diseases awareness class
- Additional charge specific special conditions
- You are responsible for any additional costs for classes and evaluations
*Program Fees and Costs subject to change without notice*
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