Prostitution
Prostitution may only be a misdemeanor in Florida, but a conviction can result in severe penalties. A conviction can result in jail time, probation and fines. Also, this offense is "enhance-able" meaning multiple convictions will result in more severe penalties. Call now and speak with an experienced criminal defense attorney and take the first steps towards putting this behind you.
What is Prostitution in Florida?
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.
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"Assignation" means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.
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"Lewdness" means any indecent or obscene act.
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"Prostitution" means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.
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"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 bona fide medical purposes.
Potential Jail or
Prison Time
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Prostitution is a 2nd degree misdemeanor, punishable by up to 60 days in the county jail.
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A second offense is a 1st degree misdemeanor, punishable by up to 1 year in the county jail.
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A third or subsequent offense is a 3rd degree felony, punishable by up to 5 years in Florida State Prison.​​
Potential Fine
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A conviction for Prostitution can result in a fine of up to $500.
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A second conviction can result in a fine of up to $1,000.
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A third or subsequent conviction can result in a fine of up to $5,000.
What Are The Elements Of Prostitution?
To prove the crime of Offering to Commit, Committing, or Engaging in [Prostitution] [Lewdness] [Assignation], the State must prove the following two elements beyond a reasonable doubt:
1. (Defendant) [offered to commit] [committed] [engaged in] [prostitution] [lewdness] [assignation].
2. At the time, (defendant) was 18 years of age or older.
§ 796.07(1), Fla. Stat.
“Prostitution” is the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.
“Lewdness” is any indecent or obscene act. “Indecent” means wicked, lustful, unchaste, licentious, or sensual intention on the part of the person doing the act.
“Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.
“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 bona fide medical purposes. “Bona fide” means genuine].
“Female genitals” includes the labia minora, labia majora, clitoris, vulva, hymen, and vagina.
Phillips v. State, 238 So. 3d 308 (Fla. 4th DCA 2018).
“Union” means contact.
Give if applicable.
Lakey v. State, 113 So. 3d 90 (Fla. 5th DCA 2013).
The definition of “an object” includes a finger.
Call Now For A Free Consultation
If you've been charged with Prostitution, it's important to act quickly. A conviction can carry serious consequences, including jail time, probation, fines and a permanent criminal record. You don't have to face the legal system alone. Call today for a confidential consultation and take the first step towards putting this charge behind you.
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