Prostitution and pimping are illegal within Florida and most of the United States. Anyone who is charged and convicted with prostitution may face serious fines, charges, and lengthy incarceration. Both Florida State and Federal officials work tirelessly to put an end to prostitution and those people who seek to make money from it. Individuals who force another person to engage in prostitution will no doubt be prosecuted to the fullest extent of the law and will face a felony charge.
If you are charged with a crime that involves either coercing or forcing another person into participating in the crime of prostitution, it is critical that you obtain legal representation immediately.
The act of prostitution means to give or receive one’s body to be used for sexual activity in exchange for monetary or non-monetary compensation. There are numerous criminal offenses associated with prostitution, including:
- Solicitation of prostitution,
- establishing a conveyance for prostitution,
- forcing another person into prostitution,
- to transport any person for the purpose of prostitution,
- human trafficking,
- making arrangements for an act of prostitution,
- and many others.
In recent years, the state of Florida has been the center of national headline news concerning human trafficking rings and sting operations. In recent years Florida law enforcement has increased the number of prostitution stings. Prostitution sting operations include an undercover officer acting as a prostitute to arrests individuals soliciting prostitutes. And other undercover sting operations, an officer might pose as a child, attempt to lure a potential sexual predator into making contact, and violate the law. In other cases, law enforcement may pose as parents offering their children up for prostitution online. These criminal offenses carry significant prison time, mandatory sexual predator registration, expensive legal fines, social stigma, and many other brutal and somewhat inhumane punishments.
Forced Prostitution Charges in Florida
Over the past several years, the issue of sex trafficking, human trafficking, and forced prostitution has gained the attention of the public and state prosecutors. The Florida legislators created a statute that makes it illegal to force individuals into prostitution or for an individual to profit from prostitution.
What are the penalties for Forcing, compelling, or coercing another to become a prostitute in the state of Florida?
According to Florida state statute 496.04, “Forcing, compelling, or coercing another to become a prostitute, anyone found guilty of this offense will be charged with a third-degree felony which is punishable by up to five years in prison. As with any criminal offense, you could face additional criminal charges Or “counts” for each instance that the crime has been committed. For example, if you forced two people to engage in prostitution, you would likely be charged with two counts of forcing, compelling, or coercing another to become a prostitute under Florida state statute 796.04. If found guilty of both counts, you would be faced with five years in prison for each count.
In the state of Florida, it is also illegal to profit from prostitution. This is also referred to or known as “pimping.” Over the past several years, the crime of profiting from prostitution has become much more mainstream with the advent of massage parlors, lingerie shows, and escort services. Oftentimes, these types of businesses provide a cover as a legitimate business but are simply just prostitution operations hidden in plain sight.
According to Florida state statute 796.05, it is against the law for any person with the reasonable understanding to drive support or maintenance, whether in part or in whole, from a person they believe to be engaging in prostitution. In other words, it is against the law for a person to gain money from a person who they know to be working as a prostitute. If convicted of this crime, the defendant will face up to five years in prison along with a fine of up to $5,000.
Prostitution and Forced Prostitution of a Minor Criminal Charges in Florida
In many cases, there are children who are exploited or forced into prostitution. A lot of children fall into prostitution or force prostitution because they are homeless and trying to survive on the streets. On some occasions, children who are addicted to drugs May find themselves being “pimped out“ or kidnapped and placed into forced prostitution rings. Unfortunately, it is becoming more common for guardians or parents to sell their children for the purposes of prostitution.
According to Florida state statute 796.03, it is a crime for an individual stupid procure for prostitution, or cause to be prostituted by any individual who is under the age of 18 years of age. To pick your means to cause someone to do something or to persuade somebody to do something. In this use, to persuade or convince a minor to become a prostitute in exchange for compensation, the offender is facing a second-degree felony criminal charge.
What are the penalties for procuring a minor for prostitution in Florida?
The penalties for “procuring a minor for prostitution purposes” is a felony in the second degree, which punishable with up to 15 years in prison and a fine of up to $10,000.
The sale or transfer of minors for the purpose of prostitution in Florida
In the state of Florida, legislators have created a separate state criminal statute to address the issue of parents or guardians buying or selling children for the purposes of prostitution. According to Florida state statute 796.035, it is against the law for any parent, legal guardian, or another person with custody or control over a minor child to sell control of a minor or transfer custody of a minor who will engage in prostitution commits a felony crime.
In other words, if a person is a parent, foster parent, relative, guardian, stepparent, or any other person who has legal custody and control over a child for any reason, temporary or permanent, and that individual gives their child away knowing that the person receiving the child intents to use the minor child for the purposes of prostitution could be charged with the first-degree felony.
Prostitution Penalties in the State of Florida
According to Florida Statute 796.04, it is illegal for anyone to “force, compel, or coerce another to become a prostitute”. If you are found guilty of violating this section of the statute, then you will be facing severe penalties.
Penalties for forcing another to be a prostitute could include the following:
- Felony of the third degree conviction
- Imprisonment of up to 5 years
- $5000 fines
- Increased jail time and penalties for habitual felony offenders, or violent career criminals.
- Increased charges and penalties for crimes of prostitution which involving a minor child
In addition to these penalties, defendants may find that they are facing additional felony charges, such as child exploitation, human trafficking, child molestation, or child pornography. These additional charges can complicate your defense, and significantly jeopardize your future.
What are the penalties for selling or transferring a minor child for the purposes of prostitution in Florida?
In the state of Florida, according to Florida statute 775.082, a first-degree felony in the state of Florida is punish with the term of up to 30 years in prison and a fine of up to $10,000.
What are the penalties for receiving a minor child for the purposes of prostitution in Florida?
In the state of Florida, it is not only illegal to sell or give a child away for the purposes of a sexual nature or prostitution, but it is also against the law to buy or take custody of a minor child for the purposes of taking photos or videos of the child engaging in sexual acts or prostituting the minor child or having a minor child assist you in any sexual activities. In the state of Florida, this crime is a first-degree felony charge.
The penalties if found guilty of buying or taking custody of a child for the purposes of prostitution or performing sexual acts it’s up to 30 years in prison and a fine of up to $10,000.
Potential Defenses to Forced Prostitution Charges in Florida
All criminal cases require the prosecution to prove their case beyond a reasonable doubt. Having an experienced and aggressive criminal defense attorney makes a significant difference in criminal cases. Only with a thorough review of the facts and circumstances can the proper criminal defense strategy be formulated. In cases such as these, several defense strategies could be applied. For example, this issue of whether or not the accuser was actually “forced” into committing prostitution. Another possible defense is the lack of intent defense. It could be shown and argued that the defendant adopted the child out of a “bad home,” and the child engaged in prostitution without their knowledge or consent.