F.S. 796.07, F.S. 796.04, F.S. 796.05, F.S. 787.06 – Florida Prostitution Offenses

Florida law takes prostitution-related offenses very seriously. Those accused may face potentially life-altering consequences. 

Whether you have been charged with engaging in, soliciting, or profiting from prostitution, it is critical to understand the legal landscape and the penalties you may be facing. 

As a Fort Lauderdale criminal defense lawyer can explain, there are several state statutes that target prostitution-related offenses. 

Among these: 

• F.S. 796.07 – makes it illegal to offer, engage in, or solicit prostitution, as well as to operate or maintain a location for prostitution-related activities. 
• F.S. 796.04 – makes it illegal to force or compel another to engage in prostitution. 
• F.S. 796.05 – makes it unlawful to derive support from the prostitution of another person. 
• F.S. 787.06 – is the Florida human trafficking law that makes it unlawful to recruit, transport, or coerce others (especially minors) into prostitution. 

Per F.S. 796.001, minors (under 18) cannot be charged with prostitution-related offenses because they cannot consent to sexual activities with adults. Instead, they are to be directed toward support services that are intended to help them escape exploitation.

Some of these crimes, such as human trafficking, are incredibly serious felony offenses that could have you looking at decades in prison. Others are misdemeanors, for which you may be able to negotiate a plea deal with a diversion program that allows you to avoid a formal conviction. 

But as a Broward criminal defense lawyer can explain, even a misdemeanor prostitution charge can have lasting effects, tarnishing your reputation and making it difficult to find employment, secure housing or maintain professional licenses. Repeat offenses can escalate the severity of the charges, leading to increased penalties, possibly more embarrassing publicity, and even greater legal exposure. 

Given the stakes, anyone accused of a prostitution-related crime must take immediate action to protect their future. A skilled criminal defense lawyer will examine every detail of your case, from the legality of the police investigation to potential entrapment or violations of your constitutional rights. Law enforcement often conducts sting operations and undercover investigations. Mistakes and misconduct are not unheard of, and they can result in shaky evidence and/or wrongful arrests. A skilled attorney will look for any question of credibility or due process issue to negotiate for reduced charges or case dismissals when possible. 

Florida Statute 796.07 criminalizes various activities related to prostitution. Namely, the law declares it illegal to offer, engage in, solicit, or profit from prostitution. 

The law is fairly broad in scope, and applies not just to those directly participating (those who sell and buy sexual services) but also those who facilitate or promote it. Specifically, the statute makes it illegal to own, operate, or maintain a location used for prostitution, as well as to aid, abet or participate in any way. 

Additionally, the law prohibits transporting a person for prostitution or purchasing the services of a prostitute (or someone they believe to be a prostitute). 

Penalties depend on the nature of the offense as well as whether one has prior convictions. A first offense is typically a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. Repeat offenses can escalate to a felony charge, carrying potential prison time and mandatory inclusion on the sex offender registry. 

Because law enforcement aggressively targets prostitution-related offenses, those charged under F.S. 796.07 often find themselves caught in sting operations, undercover investigations or highly-publicized police crackdowns. Broward prostitution defense lawyers may argue entrapment, coercion, or procedural violations as part of their defense. 

Florida Statute 796.04  is one of the state’s most serious prostitution-related laws, criminalizing the act of forcing, coercing or compelling another person to engage in prostitution. Unlike simple solicitation or engaging in prostitution, this offense targets individuals who exert control over another person – whether through threats, violence, fraud or manipulation – to compel them into commercial sexual activity. This statute applies to any form of coercion, including physical force, intimidation, blackmail, deb bondage, or threats of legal action or deportation. 

The fact that exploitation is an inherent element of this statute, it is classified as a second-degree felony, carrying up to 15 years in prison, in addition to heavy fines. If the alleged victim is a minor, charges can escalate to more severe penalties under Florida’s human trafficking laws. 

The severity of this offense means aggressive prosecution is the norm. Defendants are facing life-altering consequences even before conviction. That said, false allegations, misunderstandings and wrongful arrests can occur, especially if law enforcement is relying on statements from unreliable witnesses or persons seeking leniency in their own legal situations. On top of that, the definition of “coercion” is somewhat vague, and prosecutors have been known to press on with cases where the evidence for true force or intimidation is weak. 

Florida Statute 796.05 criminalizes the act of knowingly living off of, receiving or benefitting from the earnings of prostitution. It’s designed to target individuals who intentionally financially exploit or profit off another person’s engagement in prostitution. That applies to anyone who knowingly accepts money for prostitution-related activities, even if they aren’t directly involved in arranging or facilitating the act itself. 

The first person many think of with this statute is a “pimp.” And that person could technically be prosecuted under this statute, though prosecutors may find human trafficking charges more appropriate. More often, this statute is used to target family members, romantic partners, or roommates of the person. 

Prosecutors do need to prove that the individual knowingly was receiving this money; so if the person was unaware of how the person engaging in prostitution earned their money, that would be a solid defense. Other defenses include insufficient evidence or proving the defendant was not financially dependent on prostitution earnings. 

Florida Statute 787.06 outlaws human trafficking, defining it as a form of “modern-day slavery.” It encompasses several types of exploitation – which can include sexual exploitation through force, fraud, or coercion. 

The law forbids recruiting, harboring, transporting or coercing individuals for forced labor, forced sex acts or other exploitative purposes. 

Penalties for human trafficking depend on the circumstances, but are fairly severe across the board. If the alleged victims were under the age of 18, you’re looking at life in prison. Even if there’s no evidence of physical violence, a conviction can result in lengthy prison sentences, substantial fines and mandatory registration as a sex offender. You can also expect these cases to be aggressively prosecuted. Defendants sometimes face charges in multiple jurisdictions and/or at both the state and federal levels – further complicating their defense. 

Broward criminal defense lawyers recognize that while the state has a legitimate interest in protecting individuals from human trafficking, overzealous law enforcement tactics and overly-broad legal definitions can sometimes lead to wrongful accusations. We’ve seen cases where individuals were unfairly implicated based on circumstantial evidence, misleading testimony or misinterpretation of relationships. For instance, a person providing housing to someone involved in prostitution could potentially find themselves wrongly accused. 

Because of the severity of these cases, it is imperative that you hire a skilled Fort Lauderdale criminal defense lawyer as soon as possible. The faster we’re on the case, the more effective we can often be in challenging unfounded charges, identifying favorable evidence and protecting our clients’ rights. 

Contact the Fort Lauderdale Criminal Defense Lawyers at The Ansara Law Firm by calling (954) 761-4011.