Offering To Commit, Committing, Or Engaging In Prostitution, Lewdness, Or Assignation – § 796.07(2)(e), Fla. Stat.

Are you under investigation or charged with Offering To Commit Or Engaging In Prostitution or Lewdness (Florida Code 796.07(2)(e)) in Florida? If so, call our Florida criminal defense lawyers at 1-800-921-8607 for a free consultation.

“Your career, reputation, and freedom hang in the balance. A single misstep could derail everything you’ve worked for. This isn’t just a legal matter; it’s a fight for your future.” (Michael Waddington, Florida Criminal Defense Lawyer).

Section 796.07 of the Florida Statutes addresses the prohibition of prostitution, debauchery, and related activities. Here is an explanation of the statute in detail:

Title and Chapter

•Title XLVI: Crimes

•Chapter 796: Prostitution

Section 796.07: Prohibiting Prostitution and Related Acts

Overview of § 796.07(2)(e), Fla. Stat.

Section 796.07 of the Florida Statutes outlines the legal framework for prohibiting prostitution and related acts, specifying what constitutes illegal behavior, the penalties for engaging in such acts, and the conditions under which certain behaviors are exempted.

Subsections and Key Provisions in Fla. Stat 796.07(2)(e)

Definitions (Subsection 1)

• Assignation: Arranging or engaging in any meeting for prostitution or lewdness.
• Lewdness: Any indecent or obscene act.
• Prostitution: The giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.

Prohibited Activities (Subsection 2)

• Engaging in prostitution, lewdness, or assignation.
• Maintaining a place for prostitution, lewdness, or assignation.
• Soliciting, inducing, enticing, or procuring another person to engage in prostitution, lewdness, or assignation.
• Transporting or providing transportation for prostitution, lewdness, or assignation.
• Offering or agreeing to secure another person for prostitution or lewdness.

Penalties (Subsection 3)

• First violation: Misdemeanor of the second degree, punishable by up to 60 days in jail or a fine not exceeding $500.
• Second violation: This is a misdemeanor of the first degree, punishable by up to one year in jail or a fine not exceeding $1,000.
• Third or subsequent violation: This is a felony of the third degree, punishable by up to five years in prison or a fine not exceeding $5,000.
• Specific penalties for minors: Engaging in or attempting to engage in prostitution with a minor is a felony of the second degree, with more severe punishments.

Exemptions (Subsection 4)

• Legitimate medical treatment and scientific or educational research are exempt, provided they are conducted without unlawful acts.

Procedures and Enforcement (Subsection 5)

• Law enforcement officers have the authority to conduct surveillance, gather evidence, and arrest individuals violating the statute.
• Property used for illegal activities may be subject to seizure and forfeiture.

Prosecution (Subsection 6)

• Prosecutors must establish the elements of the crime beyond a reasonable doubt.
• The statute outlines specific requirements for evidence, including testimony, surveillance, and other investigative techniques.

Public Nuisance (Subsection 7)

• Any place used for prostitution or lewdness is declared a public nuisance.
• Authorities may seek injunctions to close such places.

Miscellaneous Provisions (Subsection 8)

• The statute includes clauses ensuring it does not infringe upon other lawful activities or rights.
• It allows for amendments to address emerging issues related to prostitution and lewdness.

Interpretation and Implications

The statute is comprehensive in its approach to tackling prostitution and related activities. It clearly defines key terms, outlines prohibited behaviors, and specifies penalties that escalate with repeated violations. Including exemptions for legitimate medical and scientific activities ensures that the statute targets criminal behavior without impeding lawful practices.

Key Points of Fla. Stat 796.07(2)(e)

• Prohibition Scope: The statute covers a wide range of activities related to prostitution, including solicitation, transportation, and maintaining premises.
• Penalties: It implements a tiered penalty system to deter repeat offenses, with substantial consequences for individuals involved with minors.
• Law Enforcement Role: Authorities are granted significant powers to enforce the statute, including surveillance and property seizure.
• Public Nuisance: Declaring places of prostitution as public nuisances allows for additional legal actions to prevent the continuation of such activities.

Section 796.07 of the Florida Statutes serves as a robust legal framework to combat prostitution, lewdness, and associated activities. By defining clear terms, establishing strict penalties, and empowering law enforcement, the statute aims to reduce illegal sex work and its associated societal harms. The tiered penalty system reflects the seriousness of the offenses, particularly concerning minors, while exemptions ensure the statute does not impede legitimate medical and scientific work.

Detailed Explanation of § 796.07(2)(e), Fla. Stat.

Section 796.07(2)(e) of the Florida Statutes addresses a specific prohibited activity related to prostitution and related acts. Here is the text of § 796.07(2)(e):

§ 796.07(2) – It is unlawful:

(e) To purchase the services of any person engaged in prostitution.

Key Elements of § 796.07(2)(e)

Prohibition of Purchasing Services

• The statute explicitly makes it unlawful to purchase the services of any person who is engaged in prostitution. This means that any act of paying or agreeing to pay for sexual services is illegal under this provision.

2. Definition of Prostitution

• Prostitution, as defined in § 796.07(1)(d), is the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.

3. Intent and Knowledge

• For a person to be in violation of § 796.07(2)(e), there must be intent and knowledge that the services being purchased are for prostitution. The buyer must knowingly and willfully engage in the transaction with the understanding that it involves payment for sexual services.

Legal Implications and Enforcement of Florida Code Section 796.07 Prostitution

Criminal Liability

Individuals who violate § 796.07(2)(e) are subject to criminal penalties. The severity of the penalties depends on whether it is a first, second, or subsequent offense:

• First Offense: Misdemeanor of the second degree, punishable by up to 60 days in jail or a fine not exceeding $500.
• Second Offense: Misdemeanor of the first degree, punishable by up to one year in jail or a fine not exceeding $1,000.
• Third or Subsequent Offense: Felony of the third degree, punishable by up to five years in prison or a fine not exceeding $5,000.

Enhanced Penalties for Minors under Florida Code Section 796.07 Prostitution

• If the person purchasing the services engages with a minor, the penalties are significantly more severe. Engaging in or attempting to engage in prostitution with a minor is classified as a felony of the second degree, which carries more substantial penalties.

Law Enforcement Actions and Florida Code Section 796.07 Prostitution

• Law enforcement officers have the authority to investigate, surveil, and arrest individuals suspected of violating § 796.07(2)(e). This includes conducting undercover operations to apprehend those attempting to purchase prostitution services.

Impact on Public Nuisance Laws

• Locations, where prostitution is conducted, can be declared public nuisances, leading to possible closure and legal action against property owners or operators facilitating such activities.

Social and Legal Context of Florida Code Section 796.07 Prostitution

1. Addressing the Demand for Prostitution

• By criminalizing the purchase of prostitution services, § 796.07(2)(e) aims to reduce the demand for illegal sex work. This approach targets those providing the services and those seeking to exploit them.

2. Protection of Vulnerable Populations and Florida Code Section 796.07 Prostitution

• The statute recognizes the exploitation inherent in prostitution and seeks to protect individuals, particularly minors, from being victimized. Enhanced penalties for engaging with minors reflect the seriousness of protecting vulnerable populations.

3. Public Policy and Morality

• The prohibition reflects broader public policy and moral considerations regarding sexual exploitation, human trafficking, and the social harms associated with prostitution.

Final Thoughts on Florida Code Section 796.07 Prostitution

Section 796.07(2)(e) of the Florida Statutes serves as a crucial legal provision in the fight against prostitution and sexual exploitation. By making it unlawful to purchase prostitution services, the statute aims to curtail the demand side of illegal sex work. This provision, along with the associated penalties and enforcement mechanisms, underscores Florida’s commitment to reducing prostitution, protecting vulnerable individuals, and addressing the broader social issues tied to the commercial sex industry.

Fictional Fact Patterns Violating § 796.07(2)(e), Fla. Stat.

• John in Miami: John meets a woman at a nightclub in Miami Beach and offers her $200 for sexual services. The woman is an undercover police officer conducting a sting operation. John is arrested for attempting to purchase prostitution services.
• Sarah in Orlando: Sarah uses an online escort service to arrange a meeting with an individual she believes is an adult. Upon meeting, she offers $150 for sexual services. The “escort” is a law enforcement decoy, and Sarah is arrested.
• Mike in Tampa: Mike approaches a street worker in downtown Tampa and negotiates a price of $100 for sexual favors. An officer observes the transaction and arrests Mike for purchasing prostitution services.
• Lisa in Fort Lauderdale: Lisa visits a massage parlor known for offering illicit services. She pays an extra $50 to the masseuse for “additional services,” unaware that the establishment is under surveillance. Police detain Lisa.
• Robert in Jacksonville: Robert attends a party where he is introduced to someone offering sex for money. He agrees to pay $300 and is subsequently caught in a raid by the Jacksonville Sheriff’s Office.
• Anna in Tallahassee: Anna arranges a meeting through a dating app and offers the person she meets $250 for sex. The individual is part of a police sting operation, and Anna is arrested.
• Chris in St. Petersburg: Chris attempts to pay $75 to a person he meets at a local bar for sexual services. The individual is an undercover cop, and Chris is taken into custody.
• Jessica in Naples: Jessica agrees to pay a hotel worker $200 for sex. The hotel worker collaborates with law enforcement, leading to Jessica’s arrest.
• David in Gainesville: David solicits a college student near the University of Florida campus, offering $150 for sexual acts. The student reports him to campus police, and David is arrested.
• Emily in Daytona Beach: Emily uses a classified ad to contact someone offering “companionship” services. She negotiates a fee for sex and is caught by police during the exchange.

Defense Strategies for Violations of § 796.07(2)(e), Fla. Stat.

A Florida defense attorney might employ several strategies to defend a client charged under § 796.07(2)(e):

1. Entrapment Defense: Arguing that the defendant was induced by law enforcement to commit the crime they otherwise would not have committed. The defense would need to show that the idea and pressure to commit the crime came from the police, not the defendant’s own predisposition.
2. Lack of Intent: Demonstrating that the defendant did not have the necessary intent to engage in prostitution. For example, the defendant might argue they misunderstood the nature of the transaction or that there was no clear agreement for sexual services in exchange for money.
3. Insufficient Evidence: Challenging the prosecution’s evidence as insufficient to prove beyond a reasonable doubt that the defendant knowingly and willingly purchased prostitution services. This could involve scrutinizing the credibility of witnesses, the legality of the evidence collection, and any inconsistencies in the prosecution’s case.
4. Mistake of Fact: Asserting that the defendant believed the transaction was for a non-sexual service. For instance, the defendant might claim they thought they were paying for companionship or other legal services, not prostitution.
5. Constitutional Challenges: Raising constitutional issues, such as arguing that the statute is vague and does not provide clear notice of what constitutes illegal behavior. Alternatively, the defense could argue that the arrest or investigation violated the defendant’s constitutional rights, such as unlawful search and seizure.
6. Duress or Coercion: If the defendant was coerced or under duress at the time of the alleged crime, the defense could argue that the defendant’s actions were not voluntary.
7. Alibi: Providing evidence that the defendant was not at the location of the alleged crime and thus could not have committed the offense.
8. Lack of Jurisdiction: Arguing that the offense did not occur within the jurisdiction of Florida law, such as if the transaction took place online with parties in different states or countries.
9. Police Misconduct: Alleging misconduct by law enforcement officers, such as fabricating evidence, lying about the circumstances of the arrest, or using excessive force.
10.  Mental Health Defenses: Presenting evidence that the defendant was not in a sound state of mind due to mental illness or intoxication, which could impact their ability to form the intent necessary to commit the crime.

Hiring a Florida Criminal Defense Lawyer for Florida Code Section 796.07 Prostitution

Defending against charges under § 796.07(2)(e), Fla. Stat., involves a multi-faceted approach that addresses the specifics of the case, the intent and actions of the defendant, and the conduct of law enforcement. A skilled defense attorney will evaluate all aspects of the case to develop a robust defense strategy to reduce or dismiss the charges.