Offering to Commit Prostitution
A person who offers to commit or engage in prostitution, lewdness, or assignation commits an offense classified in a way that depends on the number of prior convictions. For offering to commit prosecution, the statutory scheme provides the following penalties:
- a first offense is a second-degree misdemeanor punishable by up to 60 days in county jail;
- a second offense is a first-degree misdemeanor punishable by up to 12 months in jail;
- a third or subsequent offense is a third-degree felony punishable by up to five years imprisonment and a $5,000 fine.
Many of these prosecutions involve elaborate sting operations to lure those that commit prosecution. Currently, law enforcement officers are targeting those engaging in prostitution by advertising as escorts in online publications such as backpage.com. Those who advertise as bi-sexual, gay or transgender are most likely to be targeted during these sting operations. Your attorney should be experienced with the ways those sting operations are set up, entrapment defenses, and ways to fight the charges based on the mistakes made during the setup and execution of those sting operations in and around Tallahassee and Leon County, FL.
Your attorney should be experienced with the ways those sting operations are set up, entrapment defenses, and ways to fight the charges based on the mistakes made during the setup and execution of those sting operations in and around Tallahassee and Leon County, FL.
Attorneys for "Offering to Commit Prostitution" in Tallahassee
The attorneys at Pumphrey Law recognize the new trend of viewing those who offer to commit prosecution as victims of the sex trade industry. Human trafficking is a serious problem. Men and women who engage in the industry as a sex-worker have often been victimized by others in their life for financial reasons. The criminal justice system should view the criminal offense from that perspective.
If you were charged with offering to commit prostitution then contact an experienced criminal defense attorney in Tallahassee, FL, at Pumphrey Law. Call for a confidential consultation with an attorney to discuss the criminal charge pending against you and the most effective ways to fight for an outright dismissal.
Call (850) 681-7777 today.
Definitions in Florida's Prostitution Statutes
Chapter 796, F.S., defines prostitution as “the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.” s. 796.07(1)(a), F.S.
“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. . .” s. 796.07(1)(d), F.S.
Human Trafficking in Florida is a Serious Problem
Many of the recent changes to the prosecution statutes in Florida target men soliciting prostitution, human trafficking, and the commercial sex industry. Human trafficking has become the modern-day form of slavery. The victims of human trafficking are often subjected to force, fraud, or coercion for the purpose of sexual exploitation or forced labor. Victims include the most vulnerable children, teenagers, men, and women who are forced into commercial sexual servitude.
Commercial sexual exploitation of children is often controlled by a third party through an escort service, massage services, private dancing, drinking and photographic clubs, major sporting and recreational events, major cultural events, conventions, and tourist destinations. The illegal industry thrives because of the demand of men soliciting prostitution.
The Florida Criminal Justice Executive Institute has estimated that more than 14,500 people are trafficked into the United States each year. Other estimates show that up to 300,000 young people are at risk of becoming victims of commercial sexual exploitation.
The average age at which girls first become victims of prostitution is 12-14, while the average age for boys and transgender youth is 11-13. Many of these children run away from home or are abandoned and become involved in prostitution to support themselves financially.
When a criminal defense attorney represents a person working as a prostitute, understanding these rules is extremely important because those offering to commit prostitution should be treated less seriously than those who are accused of soliciting another for prostitution in Tallahassee, Leon County, and the surrounding areas in North Florida. Also, for those who offer to commit prostitution, as a matter of policy, the penalties should be focused on rehabilitation instead of punishment.
The person accused of this serious crime also needs an aggressive defense attorney who can present all available defenses to fight for an outright dismissal of the charges.
This article was last updated on Friday, May 27, 2017.
Attorney Don Pumphrey Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney.