Sex crimes committed against children are prosecuted with more zeal than any other sex crime. Child prostitution the prostitution of those people who are under the age of 18. Minors are often kidnapped, imprisoned, and forced into participating in prostitution.
Prostituting a Person Under Age of 18 Lawyers in Florida (FL)
Under Florida Statute 796.03, it is unlawful for a person to induce, coerce, or force a child under 18 to engage in prostitution. This criminal offense is classified as a second-degree felony and is punishable with:
- Up to 15 years in prison,
- And a fine of up to $10,000, and
- Increased penalties for violent offenders and/or repeat offenders.
Selling or Buying of Minors Into Prostitution
In Florida, any parent, legal guardian, or individual who has custody or control of a minor child who offers to sell, sells or transfers custody or control of their child with the understanding (or in reckless disregard) that as a consequence of the transfer or sale of the said child will result in the child being prostituted out, commits a first-degree felony. In Florida, a first-degree felony is punishable by a term of years not exceeding life imprisonment, according to Florida Statute 782.04.
How Does the State of Florida Define Prostitution?
Florida’s Criminal Code defines prostitution as the receiving or giving of one’s body for the sexual activities in exchange for money. The sexual relations between two married people is excluded from this definition. Prostitution criminal charges vary with the facts and circumstances of the crime. Adult first-time offenders engaged in prostitution involving adult participants are charged as second-degree misdemeanors. However, prostitution involving a child (anyone under 18) is a charged as a first-degree felony punishable with a prison sentence of no more than life imprisonment.
Other Related Criminal Charges in Child Prostitution Cases in Florida, FL
In many child prostitution cases, the accused will most likely face several other criminal charges such as sexual assault, battery, kidnapping, sexual assault, or child pornography. These crimes also carry severe punishments. This is why you speak with a Florida criminal defense attorney from the beginning.
It is a felony criminal charge for a parent or guardian of a minor child to offer, give or sell the child into prostitution in Florida. 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.
Florida Statute 796.07(2) lists the various ways prostitution can be charged. Under this Statute 796.07(2), it is forbidden to:
- Offer to commit, commit, or engage in lewdness, assignation, and prostitution.
- Induce, entice, solicit, or procure someone to perpetrate prostitution, assignation, or lewdness.
- Abet, Aid, or engage in any of the actions or things mentioned in this subsection.
- Purchase the prostitution services from anyone.
- Offer, or to offer or agree to secure someone else for the purpose of committing a lewd, indecent act, or prostitution.
- Direct, transport, take, or to offer or consent to direct, transport, or take, any person to any home, place, building, structure, or to another person, with the understanding or believe that the goal of such taking, directing, or transporting is for the purpose of committing prostitution, assignation, or lewdness.
- Receive, or to offer or agree to receive, an individual into any home, place, building, conveyance, or structure for the purpose of lewdness, prostitution, or assignation, or to allow a person to remain there for such purpose.
- Own, maintain, establish, or operate any home, place, building, structure, or conveyance for the intention of lewdness, assignation, or prostitution.
- Enter, reside in, or remain in, any home, place, building, structure, or to enter or remain in any conveyance, for the objective of committing prostitution, lewdness, or assignation.
What does lewdness or assignation mean?
As defined by the Florida statute 796.07(b) and 796.07(c):
- “Lewdness” is a legal term to describe any obscene or indecent act.
- “Assignation” is a term used to describe any engagement or appointment for lewdness or prostitution, or an act in furtherance of such engagement or appointment
Photographing or Filming a Minor Child Charge in Florida
According to Florida Statute 847.0145 it is illegal for a parent, legal guardian, or any other person who has custody or control of a minor child to sell or transfer custody of a minor, or offer to sell or transfer custody of a child, understanding that the minor child will be portrayed in a visual depiction engaging in, or helping another person in engaging in, sexually explicit activities; or that the minor child will be assisting others in engaging in sexually explicit behavior.
In other words, if a parent, foster parent, stepparent, caregiver, or relative to a child offers to sell or give said child to another knowing the child will be filmed or photographed committing sexual actions, or the minor child will be helping another in the filming or photographing of sexually explicit behavior, commits a first-degree felony.
In the state of Florida, it is also against the law to purchase or take custody of a minor child for any sexual purpose.
Buying or Taking a Minor Child for the Purpose of Photographing or Filming Child Pornography Charge in Florida
In Florida, buying or taking custody of a minor child for purposes of
- Filming or taking photographs of the minor child performing any sort of sexual acts,
- Prostituting the minor child, or
- Having the minor child help in any of these sexual activities.
This criminal offense is charged as first-degree felony, punished with up to 30 years in prison and a fine of up to $10,000.
What Are the Penalties if Convicted of Photographing or Filming a Minor Child in Florida?
These criminal offenses are charged as first-degree felonies, which are punished with up to 30 years in state prison and a fine of up to $10,000.
Accusations involving children performing or being exposed to sexual behaviors are always aggressively prosecuted. Society views those accused of these sex crimes as a menace, and there is usually significant public outcry to secure a conviction. If you have been arrested and charged for any of these crimes, contact our experienced and aggressive defense lawyers right away to protect your potential defense. Do not make any statements to law enforcement.
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.
Prostitution of a Child in the State of Florida
If you are suspected, accused, charged or convicted of participating in the prostitution of a minor child in the State of Florida, you could be facing serious penalties. The nature of your penalties will depend a lot on the circumstances involved. You could face kidnapping, sexual battery, assault, or child pornography charges in combination with your child prostitution charges. Florida Statute 787 defines the charges and penalties one could receive for kidnapping a child or falsely imprisoning a minor child. The forced prostitution of a child who is under the age of 13 will most likely be considered kidnapping or false imprisonment. These are felony charges in the first degree and could result in a lifetime prison sentence.
Severe Penalties for the Prostitution of a Child
If you are accused and subsequently convicted of the prostitution of a minor child, kidnapping or false imprisonment, you will face serious consequences.
These consequences could include the following:
- Felony in the first degree
- Up to life in prison
- $10,000 fines
- Increased penalties for repeat offenders
- Mandatory registration as a sex offender in the National Sex Offenders Registry