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Florida law defines the crime of Prostitution as engaging or offering to engage in sexual activity for hire.
 
The term “sexual activity” is broadly defined and includes oral, anal, or vaginal penetration as well as acts of masturbation.

Basically, if you offer to perform any kind sex act in exchange for something (money, drugs, etc.), you could find yourself charged with Prostitution.

Penalties for a Prostitution Charge

The penalties for a Prostitution charge vary greatly depending on how many prior violations you have had in the past. The penalties increase with each violation.

For a first time violation, Florida classifies the Prostitution charge as a second degree misdemeanor punishable by up to:
  1. Sixty days in the County Jail;
  2. Six months of supervised probation;
  3. A $500 fine
For a second violation, Florida classifies the Prostitution charge as a first degree misdemeanor punishable by up to:
  1. One year in the County Jail;
  2. Twelve months of supervised probation;
  3. A $1,000 fine
For a third or subsequent violation, Florida classifies the Prostituion charge as a third degree felony punishable by up to:
  1. Five years in State Prison;
  2. Five years of supervised probation;
  3. A $5,000 fine

Defenses to a Prostitution Charge

In addition to factual defenses that would be raised at trial to show reasonable doubt as to the crime alleged, some common defenses to a Prostitution charge in Florida include:

The sexual encounter did not involve the exchange of money or something of value
Florida law prohibits engaging in sex acts for hire. The “for hire” provision will generally mean that you agreed to perform a sex act in exchange for something of value (money, etc.). Consensual sexual encounters are obviously not illegal and if the “for hire” is lacking, you may have a legal defense to the charge against you.

Contact Orlando Criminal Defense Attorney Chris Kaigle if you’ve been charged with Prostitution in Florida!
(407) 545-6416