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Florida State - Prostitution

Prostitution is engaging in sexual activity for any form of compensation. While it is a crime throughout the United States the legal status of prostitution varies worldwide from legal to punishable by death. Prostitution is commonly referred to as the sale of sex is usually considered a misdemeanor and is punishable usually with a fine or a relatively short jail sentence.

The Florida criminal statutes in 796.07 defines the crime of prostitution as follows :

  1. As used in this section :
    1. "Prostitution" means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.
    2. "Lewdness" means any indecent or obscene act.
    3. "Assignation" means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.
    4. "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; however, the term does not include acts done for bona fide medical purposes.
  2. It is unlawful :
    1. To own, establish, maintain, or operate any place, structure, building, or conveyance for the purpose of lewdness, assignation, or prostitution.
    2. To offer, or to offer or agree to secure, another for the purpose of prostitution or for any other lewd or indecent act.
    3. ?To receive, or to offer or agree to receive, any person into any place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to remain there for such purpose.
    4. To direct, take, or transport, or to offer or agree to direct, take, or transport, any person to any place, structure, or building, or to any other person, with knowledge or reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation.
    5. To offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation.
    6. To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.
    7. To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution, lewdness, or assignation.
    8. To aid, abet, or participate in any of the acts or things enumerated in this subsection.
    9. To purchase the services of any person engaged in prostitution.
  3. (a) In the trial of a person charged with a violation of this section, testimony concerning the reputation of any place, structure, building, or conveyance involved in the charge, testimony concerning the reputation of any person residing in, operating, or frequenting such place, structure, building, or conveyance, and testimony concerning the reputation of the defendant is admissible in evidence in support of the charge.(b) Notwithstanding any other provision of law, a police officer may testify as an offended party in an action regarding charges filed pursuant to this section. (4) A person who violates any provision of this section commits:
    1. A misdemeanor of the second degree for a first violation, punishable as provided in 775.082 or 775.083.
    2. A misdemeanor of the first degree for a second violation, punishable as provided in 775.082 or 775.083.
    3. A felony of the third degree from a third or subsequent violation, punishable as provided in 775.082, 775.083, or 775.084.
  4. A person who is charged with a third or subsequent violation of this section shall be offered admission to a pretrial intervention program or a substance-abuse program as provided in 948.08.
  5. A person who violates paragraph (2)(f) shall be assessed a civil penalty of $500 if the violation results in any judicial disposition other than acquittal or dismissal. The proceeds from penalties assessed under this subsection shall be paid to the circuit court administrator for the sole purpose of paying the administrative costs of treatment-based drug court programs provided under 397.334.

The Florida jury instruction 23.5 says that in order to convict a person of prostitution the State must prove beyond a reasonable doubt :

That the defendant offered to commit, or did commit or engage in prostitution, lewdness, or assignation.

The jury instructions defines the pertinent terminology as follows :

  1. "Prostitution" is the giving or receiving of the body for sexual intercourse for hire, which includes the giving or receiving of the body for licentious sexual intercourse without hire.
  2. " Lewdness" is any indecent or obscene act. The words " lewd", "lascivious" and "indecent" mean the same thing and mean a wicked, lustful, unchaste, licentious or sensual intention on the part of the person doing an act.
  3. "Lewdness" is the unlawful indulgence of lust signifying that form of immorality which has a relation to sexual impurity. It is generally used to indicate gross indecency with respect to sexual relations.
  4. " Assignation" includes the making of any appointment or engagement for prostitution or lewdness or any act in furtherance of such appointment or engagement.