Florida Statute 796.03 states that it is illegal for anyone to procure or otherwise obtain anyone under the age of 18 for the purpose of prostitution or to cause anyone under the age of 18 to be prostituted. Keep in mind that minor children cannot consent to sexual activities. For this reason, no matter whether the minor child agrees to participate in prostitution or agrees to perform sexual acts in exchange for money, you are still able to be charged with this crime.
Penalties for Procuring a Minor for Prostitution in Florida
Florida law is extremely harsh when it comes to prosecuting those who have decided to prey upon minor children, if you are suspected, accused, charged and convicted of procuring a person under the age of 18 for the purposes of prostitution, you will face serious penalties.
Penalties for procuring a minor for prostitution in Florida may include:
- Conviction of a second degree felony
- Up to 15 years in prison
- $10,000 fines
- Increased penalties for repeat offenders or violent offenders
According to Florida Statute 796.03, it is illegal for someone to procure or otherwise obtain a child under the age of 18 for the purpose of prostitution or to induce a child under the age of 18 to be prostituted. The crime is a felony of the second-degree punishable with up to (15) fifteen years of prison or probation, plus a fine of no more than $10,000.
Selling or Buying of Minors Into Prostitution
Any parent, legal guardian, or other person having custody or control of a minor who sells or otherwise transfers custody or control of such minor, or offers to sell or otherwise transfer custody of such minor, with knowledge or in reckless disregard of the fact that, as a consequence of the sale or transfer, the minor will engage in prostitution commits a felony of the first degree. In the state of Florida, a first-degree felony is punishable by a term of years not exceeding life imprisonment, under Florida Statute 782.04.
How Does Florida Law Define Prostitution?
Florida law defines prostitution as the giving or receiving of the body for sexual activity for hire. Sexual relations between spouses are specifically excluded in this definition. Prostitution charges vary with the circumstances of the crime: While first-time offenses involving adult participants are considered second-degree misdemeanors, prostitution involving a minor (anyone under 18) is a first-degree felony that can result in life imprisonment.
Combined Criminal Charges in Child Prostitution Cases in Florida, FL
In many prostitution cases involving children, the defendant may be facing several additional criminal charges such as kidnapping, battery, sexual assault, or child pornography. These crimes are severely punished, and even if the defendant is exonerated, the defendant’s reputation has been ruined. This is why it is especially important that you speak with an experienced criminal defense lawyer from the start.
In Florida, it is a felony criminal charge for a parent or guardian of a minor child to offer, give or sell the child into prostitution. Other prostitution charges such as pimping or offering to find a prostitute for someone, are crimes that are punished much more severely if child prostitution was involved.
Florida law defines prostitution as the receiving or giving of a person’s body for sex for hire. Sexual relations among spouses are excluded in this legal definition. Prostitution offenses depend upon the facts and circumstances of the crime. First-time prostitution offenses involving adults are charged as second-degree misdemeanors. However, prostitution involving a minor child (anyone under 18) is a first-degree felony that is punished with up to life imprisonment according to Florida Statute 782.04.
What is an Undercover Internet “Sex Sting” Operation?
The Internet and “Dark Web” are the only marketplaces where the buying and selling of children for prostitution and human trafficking purposes. Law enforcement officers set up “Internet Sting Operations” to entice and entrap individuals who are actively engaging in the buying or selling of a child for the purpose of engaging in prostitution. In child prostitution rings, law enforcement officers target both the “pimps” who are prostituting the child or children, and the “Johns” who are seeking to buy sex with children. A “John” is the name used to identify an adult male who is seeking to hire a sex worker. In Florida, it is illegal to buy or sell sexual services regardless of the participants’ ages.
One way law enforcement attempt to catch and dissuade adults from creating “demand” for sex workers is to set up undercover “Internet Sex Sting Operations.” Sex sting operations employ law enforcement officers who go online and impersonate underage children, adults offering group sexual encounters or threesomes with their alleged relatives who are under 18 years of age, or adults purportedly looking for recreational or educational sexual arrangements to catch individuals who are looking for illicit sexual encounters with a child. These operations are often carried out in internet chatrooms, dating websites, social media, instant messaging apps, online gaming, or online platforms.
The officers would chat with potential suspects, usually men looking for illegal underage sex. The officer posing as a child would agree to a meeting for sex, and as the suspects would arrive at the “child’s” home, the suspects would be confronted by the show’s host and law enforcement officers.
Sex Sting operations conducting in real life are similar to how the television show portrayed them. Law enforcement officers go on the Internet, pose as children and engage in chats with adults. In many cases, the conversations often progress quickly into a sexual conversation, involve exchanging pornographic videos or photographs, and setting up a time to meet for the purpose of engaging in some sort of sexual activity. Not all Internet Sex Stings turn into a meetup, but many of them attempt to make contact offline. If the adult violates the law, the law enforcement officers will either make the arrest at the suspect’s home or at the “meetup.” In these cases, law enforcement officers who are posing as a child make certain the perpetrator understands that they are engaging and meeting a child.
Internet sting operations are common in the state of Florida and lead to severe consequences for the subjects caught up in one of these operations. The sex crimes attorneys at Musca Law are familiar with the tactics law enforcement uses during their undercover sting operations. We have the experience and skill necessary to defend those who are facing all criminal charges.
These Internet sting operations are not limited to a few parts of Florida but generally occur throughout Florida. Our attorneys know how to fight all types of criminal allegations. In a lot of cases, the law enforcement officers conducting the online sting operations “lure” good people into committing crimes that they would otherwise not have committed, and our attorneys work hard to show this as we defend our clients.
Internet Solicitation Penalties in Florida
The Florida Legislature has a separate law that addresses the laws and punishments for adults that actually meet with children subsequent to making an internet solicitation with a child. In Florida, when adults travel any distance to meet a child with the intention of engaging in sexual activity, the adult will be arrested and charged with a 2nd-degree felony. The penalties for this offense include up to 15 years in prison and legal fines of up to $5,000. The adult may also be charged with other criminal offenses at the time.
Related Criminal Offenses:
- 03 Procuring person under age of 18 for prostitution.
- 035 Selling or buying of minors into sex trafficking or prostitution; penalties.
- 04 Forcing, compelling, or coercing another to become a prostitute.
- 045 Sex trafficking; penalties.
- 0145 Selling or buying of minors; penalties.
- 071 Sexual performance by a child; penalties.