Florida Prostitution, The Prostitution Sting And Florida Statutes
The Prostitution Sting
The Buyers
In Florida the prostitution sting comes in various forms but is most often a female undercover officer working an area which is well known to law enforcement for prostitution. Unlike in movies an on television the female undercover officer is usually dressed in normal clothing like jean shorts and a tank top not lingerie and thigh high boots. These types of prostitution sting operations are focused on arresting buyers. For more information on prostitution, the buyers and Florida law click here:
Florida Prostitution, The Buyer And Florida Statutes
The Sellers
Law enforcement also do prostitution sting operations on prostitutes, the sellers. These are most often done by having an undercover officer approach suspected prostitutes in an area known to law enforcement for prostitution and ask the prostitute for sex for money. For more information on prostitution, the sellers and Florida law click here:
Florida Prostitution, The Seller And Florida Statutes
Massage
Prostitution sting operations are also done by sending an undercover male officer into a massage place to solicit the female giving the massage for sex. For more information on prostitution, the buyers and Florida law click here:
Florida Prostitution, The Buyer And Florida Statutes
Online
Prostitution sting operations are done by an undercover law enforcement officer placing a fake advertisement online for escort services and then meeting the interested individuals a hotel and arresting the buyer or by going online and searching for advertisements and contacting the person and making a deal for sex for money and then meeting the person at a hotel and arresting the seller. For more information on prostitution, the buyers, the sellers and Florida law click here:
Florida Prostitution, The Buyer And Florida Statutes
Florida Prostitution, The Seller And Florida Statutes
The Lawyer
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Florida Prostitution, The Location 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)(g) is the most common statute used as an additional charge to Florida Statute Section 796.07(2)(f) (See Below “Florida Prostitution, The Buyer And Florida Statutes”) to arrest and prosecute sex buyers who go to a hotel, massage place or house to meet the undercover law enforcement officer posing as a prostitute as part of a prostitution sting operation in Florida. Florida Statute Section 796.07(2)(g) states “it is unlawful 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”.
Florida Statute Section 796.07(1) states:
Female Genitals includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
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)(g) 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)(g)
Unlike Florida Statute Section 796.07(2)(f), Florida Statute Section 796.07(2)(g) has no mandatory minimum penalties.
The Lawyer
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Florida Prostitution, The Buyer And Florida Statutes
Florida Prostitution, The Seller And Florida Statutes
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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
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Florida Prostitution, The Buyer And Florida Statutes
The Argument
Florida prostitution laws prohibit many different forms of prostitution related conduct. See Florida Statute Section 796.07. The most severe penalties for prostitution are directed at the buyer. The argument for punishing the buyer more severely than the seller is that if you can eliminate the buyer of sex then the seller of sex will not be able to sell what is no longer wanted, sex. That is just ridiculous. Prostitution has been referred as “the world’s oldest profession” for a reason. Trying to stop prostitution is like trying to stop the wind from blowing it is just not going to happen. It just leads to another endless war on sin. Unfortunately, the war against prostitution continues with no end in sight.
The Law
Florida Statute Section 796.07 is the most common statute used to arrest and prosecute prostitution offenses in Florida. Specifically, Florida Statute Section 796.07(2)(f) is the most common statute used to arrest and prosecute sex buyers in Florida. Florida Statute Section 796.07(2)(f) states “it is unlawful to solicit, induce, entice, or procure another to commit 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)(f) states that a first offense is a first degree misdemeanor, a second offense is a third degree felony and a third or subsequent offense is a second degree felony.
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.
A second degree felony is punishable by up to fifteen years in prison, up to fifteen years on probation and up to a $10,000 fine.
Mandatory Minimums For Florida Statute Section 796.07(2)(f)
According to Florida Statute Section 796.07(2)(f) in addition to any other penalty imposed, the court shall order a person convicted of a violation of Florida Statute Section 796.07(2)(f) to:
- Perform 100 hours of community service; and
- Pay for and attend an educational program about the negative effects of prostitution and human trafficking, such as a sexual violence prevention program, including such programs offered by faith-based providers, if such programs exist in the judicial circuit in which the offender is sentenced; and
- In addition to any other penalty imposed, the court shall sentence a person convicted of a second or subsequent violation to a minimum mandatory period of incarceration of ten days; and
- If a person uses a vehicle in the course of the violation, the judge, upon the person’s conviction, may issue an order of impoundment or immobilization of the vehicle for a period of up to sixty days; and
- The Soliciting for Prostitution Public Database must include the criminal history record of a person who is found guilty as a result of a trial or who enters a plea of guilty or nolo contendere, regardless of whether adjudication is withheld and there is evidence that such person provided a form of payment or arranged for the payment of such services. Upon conviction, the clerk of the court shall forward the criminal history record of the person to the Florida Department of Law Enforcement for inclusion in the database; and
- A PERSON SHALL BE ASSESSED A CIVIL PENALTY OF $5,000 IF THE VIOLATION RESULTS IN ANY JUDICIAL DISPOSITION OTHER THAN ACQUITTAL OR DISMISSAL.
The Lawyer
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Theft Restitution Cannot Be More Than Maximum Value For The Crime Charged
The defendant entered a plea to a theft of $300 or less charge. After a restitution hearing the trial court ordered the defendant to pay restitution in the amount of $2,575.93. The defendant appealed the trial court’s restitution order. The appeals court ruled that pursuant to sections 775.089(1)(a) and 984.03(1)(e), Florida Statutes (1989), restitution may be ordered only for damage or loss caused directly or indirectly by the defendant’s offense. The evidence establishes the value of the items defendant was charged with stealing is well in excess of $300, however, because here the convicted offense was theft of items having a value of $300 or less, the maximum value of items for which defendant can be ordered to pay restitution is also $300.
Accordingly, the appeals court quashed the trial court’s restitution order with instructions to limit restitution for the property stolen to $300. However, because restitution can also include losses caused indirectly by theft, including damage done to the vehicle in effecting the theft of the items and because the appeals court was unable to determine the amount of repair associated with those items, the appeals court remanded the case to the trial court to make that determination and order the corrected amount of restitution.
See Peralta v. State, 596 So.2d 1220 (Fla. 5th DCA 1992)
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Driving With A Suspended License Unlawful Stop
The defendant was stopped by a law enforcement officer for the sole purpose of checking the status of his driver’s license. After the defendant was stopped, the officer obtained the defendants’ driver’s license and discovered it was suspended. The defendant was arrested and charged with driving with a suspended license. The defendant moved the trial court to suppress all the evidence from the stop. The trial court denied the defendant’s motion to suppress. The defendant appealed and ultimately the Florida Supreme Court ruled that “when, as in the instant case, an officer unlawfully stops the defendant solely to determine whether or she is driving with a suspended license, that the officer’s post-stop observation of the defendant behind the wheel must be suppressed.
See State v. Perkins, 760 S0.2d 85 (Fla. 2000)
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Jury Must Make A Separate Specific Finding Of Battery Being Domestic Violence
The defendant was charged with domestic violence battery in violation of sections 784.03(1) and 741.283, Florida Statutes (2018). Section 741.283 establishes minimum terms of imprisonment for those adjudicated guilty of a crime of domestic violence as defined in section 741.28, Florida Statutes. The charging document described the victim as a family or household member of the defendant. The trial court’s instruction to the jury was as follows: “To prove the crime of battery, the State must prove the following element beyond a reasonable doubt: Defendant actually and intentionally touched or struck the victim against her will. An intentional touching or striking includes situations where a defendant knows that a touch or strike is substantially certain to result from his or her act.” The jury found the defendant guilty of battery as charged. After the verdict and the dismissal of the jury, the trial court found that the battery was a crime of domestic violence. The defendant filed an appeal.
According to the appeals court a domestic violence designation under section 741.28(2), Florida Statutes (2018) triggers mandatory minimum sentences under section 741.283, Florida Statutes (2018). In this case, the facts necessary to a “domestic violence” designation are (1) a battery, (2) where the victim is a “family or household member” of the defendant, and (3) the battery resulted in physical injury or death of the victim. See section 741.28(2), Florida Statutes (2018). Section 741.283(1)(a), Florida Statutes (2018) describes the mandatory minimum sentences for first, second, and third or subsequent domestic violence offenses and requires that the defendant has “intentionally caused bodily harm to another person”. Here, the jury was charged only on misdemeanor battery. It was not asked to make findings regarding bodily harm or injury of the victim or the victim’s status as a family or household member of the defendant. Therefore, the trial judge was precluded from making the domestic violence finding on her own.
See Bethea v. State, 319 So.3d 666 (Fla. 5th DCA 2021)
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No Violation Of Probation If The State Only Proves An Arrest
The defendant was placed on probation. The State filed an affidavit charging the defendant with a violation of probation for “failing to live and remain at liberty without violating the law”. At the violation of probation hearing, the defendant testified that he had had contact with law enforcement and that he faxed a copy of the citation he received for driving with a suspended license to his probation officer. At the time of the violation of probation hearing the driving with a suspended license charge was still pending. A copy of the citation was submitted into evidence. When ask if he was driving on the date of the citation the defendant asserted his Fifth Amendment right to remain silent and did not answer. The defendant’s probation officer testified that the defendant had notified him of the contact with law enforcement, and that he had requested to see the citation to see if it was a criminal or civil citation. Upon consideration of this evidence the trial court ruled that the defendant was in violation of his probation. The defendant filed an appeal.
The appeals court ruled the State did not show that the defendant committed any new crime, but instead, simply submitted evidence that the defendant had contact with a law enforcement officer. It is improper to revoke probation based solely upon proof that the probationer had been arrested. The State did not show that the elements of the crime of driving while license suspended, revoked, canceled, or disqualified were met. See section 322.24(2), Florida Statutes (2010). License suspension, knowledge of the license suspension, and actual driving are the requisite elements of the crime of driving while license suspended. The State did not prove that the defendant’s license was suspended, that the defendant had knowledge of the suspension, or even that the defendant had been driving on the date of the alleged infraction. The defendant’s admission to having contact with law enforcement and receipt of a traffic infraction were not sufficient to show that the defendant violated any law. Consequently, since the evidence was insufficient to prove that a crime was committed, it was an error for the trial court to find the defendant to have violated probation.
See Prater v. State, 161 So.3d 489 (Fla. 5th DCA 2014)
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No Violation Of Probation For Getting A Traffic Citation Or Ticket
The defendant was placed on probation. The State filed an affidavit charging the defendant with a violation of probation for “failing to live and remain at liberty without violating the law”. At the violation of probation hearing, the defendant testified that he had had contact with law enforcement and that he faxed a copy of the citation he received for driving with a suspended license to his probation officer. At the time of the violation of probation hearing the driving with a suspended license charge was still pending. A copy of the citation was submitted into evidence. When ask if he was driving on the date of the citation the defendant asserted his Fifth Amendment right to remain silent and did not answer. The defendant’s probation officer testified that the defendant had notified him of the contact with law enforcement, and that he had requested to see the citation to see if it was a criminal or civil citation. Upon consideration of this evidence the trial court ruled that the defendant was in violation of his probation. The defendant filed an appeal.
The appeals court ruled the State did not show that the defendant committed any new crime, but instead, simply submitted evidence that the defendant had contact with a law enforcement officer. It is improper to revoke probation based solely upon proof that the probationer had been arrested. The State did not show that the elements of the crime of driving while license suspended, revoked, canceled, or disqualified were met. See section 322.24(2), Florida Statutes (2010). License suspension, knowledge of the license suspension, and actual driving are the requisite elements of the crime of driving while license suspended. The State did not prove that the defendant’s license was suspended, that the defendant had knowledge of the suspension, or even that the defendant had been driving on the date of the alleged infraction. The defendant’s admission to having contact with law enforcement and receipt of a traffic infraction were not sufficient to show that the defendant violated any law. Consequently, since the evidence was insufficient to prove that a crime was committed, it was an error for the trial court to find the defendant to have violated probation.
See Prater v. State, 161 So.3d 489 (Fla. 5th DCA 2014)
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No Violation Of Probation For Contact With Law Enforcement
The defendant was placed on probation. The State filed an affidavit charging the defendant with a violation of probation for “failing to live and remain at liberty without violating the law”. At the violation of probation hearing, the defendant testified that he had had contact with law enforcement and that he faxed a copy of the citation he received for driving with a suspended license to his probation officer. At the time of the violation of probation hearing the driving with a suspended license charge was still pending. A copy of the citation was submitted into evidence. When ask if he was driving on the date of the citation the defendant asserted his Fifth Amendment right to remain silent and did not answer. The defendant’s probation officer testified that the defendant had notified him of the contact with law enforcement, and that he had requested to see the citation to see if it was a criminal or civil citation. Upon consideration of this evidence the trial court ruled that the defendant was in violation of his probation. The defendant filed an appeal.
The appeals court ruled the State did not show that the defendant committed any new crime, but instead, simply submitted evidence that the defendant had contact with a law enforcement officer. It is improper to revoke probation based solely upon proof that the probationer had been arrested. The State did not show that the elements of the crime of driving while license suspended, revoked, canceled, or disqualified were met. See section 322.24(2), Florida Statutes (2010). License suspension, knowledge of the license suspension, and actual driving are the requisite elements of the crime of driving while license suspended. The State did not prove that the defendant’s license was suspended, that the defendant had knowledge of the suspension, or even that the defendant had been driving on the date of the alleged infraction. The defendant’s admission to having contact with law enforcement and receipt of a traffic infraction were not sufficient to show that the defendant violated any law. Consequently, since the evidence was insufficient to prove that a crime was committed, it was an error for the trial court to find the defendant to have violated probation.
See Prater v. State, 161 So.3d 489 (Fla. 5th DCA 2014)
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Chris S. Boatright, P.A.
