Prostitution


Prostitution

West Palm Beach Prostitution Attorney David W. Olson

 

In many parts of Florida, including Palm Beach County, Broward County and Miami-Dade County, prostitution and prostitution-related arrests have increased in recent years. A first conviction can potentially result in a second degree misdemeanor, including 60 days in jail and six months probation.

 

For more than three decades Attorney David Olson has represented clients charged with serious felonies and misdemeanors, including prostitution, DUI’s, marijuana possession, drug trafficking, aggravated assault, domestic assault and battery, juvenile matters and more. A free case review is available.

 

Florida’s Prostitution Statute

 

For purposes of this article, Sec. 796.07 is posted in part:

 

796.07 Prohibiting 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.

 

(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.

 

Interpreting the Statute

 

The statute is extremely straightforward. In Florida it is illegal:

 

  1. To own or operate a place of prostitution
  2. To offer sex or to offer the sexual services of another
  3. To offer a place where prostitution can take place
  4. To arrange transportation or to transport people for the purposes of prostitution
  5. To offer to commit prostitution or to engage in prostitution
  6. To solicit another for the purpose of prostitution
  7. To enter and stay within a place where prostitution is offered
  8. To participate in any of the above
  9. To hire a person engaged in prostitution

 

Prostitution Stings

 

Law enforcement often schedules prostitution stings, resulting in a significant number of arrests. Female and male undercover officers induce arrests. Male officers pose as Johns, falsely hire and then arrest female prostitutes. Female officers pose as prostitutes and actively seek Johns who will pay for sexual services. Males are arrested for solicitation. (see our page on “Solicitation” for further information).

 

Escort Services

 

While escort services are legal, it is not legal to offer sexual activity for compensation. Female officers frequently pose as escorts and induce sexual requests by male clients. In many instances it is obvious the conduct would not have occurred if not for the conduct of law enforcement. Entrapment is a defense that is often asserted when an individual’s conduct was induced. The defense of entrapment requires a skilled and experienced attorney.

 

Gentleman’s Clubs

 

South Florida has a plethora of gentleman’s clubs, more commonly known as strip clubs. Clubs are often charged with the violation of prostitution and solicitation statutes. Arrests are common and range from prostitution to lewdness to assignation.

 

Maximum Penalties

 

First offense – Jail, 60 days; probation, 6 months; fine, $500
Second offense – Jail, 365 days; probation, 12 months; fine, $1,000
Third – Prison, 5 years; probation, 5 years; fines; $5,000 (third degree felony)
Possible defenses Against Prostitution:

 

  • entrapment
  • insufficient evidence
  • mistaken identity
  • others – discuss with your attorney

 

Possible Effects of an Arrest or Conviction

 

An arrest for prostitution or any other charge will generally remain on an individual’s permanent criminal record. It may affect one’s future in a number of ways:

 

  • Professional licensure and renewal
  • May harm employment
  • May influence rental or purchase or property
  • May affect ability to get a student loan
  • May negatively affect college acceptance

 

David W. Olson, West Palm Beach Prostitution and Criminal Defense Attorney

 

For more than three decades Attorney Olson has represented clients in West Palm Beach and South Florida. Clients have been charged with drug crimes, DUI, resisting arrest, murder, grand theft, retail theft, assault, sexual crimes, internet crimes, white collar crimes and other offenses.

 

If you were arrested for prostitution or a prostitution-related offense, it is important to retain an experienced attorney who will pursue the most favorable outcome possible, such as a dismissal, reduction of charges or pretrial diversion program.

 

Attorney Olson is the recipient of numerous awards, including:

 

 

Attorney Olson offers a complimentary case review, which can be scheduled by calling 5611-833-8866.

 

Source

 

Sec. 796.07, Fl. Stat. (2015)