Soliciting Another to Commit Prostitution
What is Soliciting Another to Commit Prostitution?
The Hillsborough County Sheriff’s Office and the Tampa Police Department commonly use Florida Statute § 796.07(2)(f) to charge people with soliciting another person to commit prostitution.
Under that Florida law, it is unlawful for a person to “solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.”
How do These Cases Typically Begin?
Many solicitation cases in Hillsborough County start with police officers or deputies working undercover.
For example, law enforcement officers commonly go online and pretend be prostitutes looking for clients. Other times, undercover officers will walk around certain areas of Tampa and wait for someone to proposition them to have sex for money. In other circumstances, undercover officers might visit a massage parlor in the hopes that the masseuse will offer to commit prostitution.
Important Definitions when it Comes to Solicitating Another to Commit Prostitution
Prostitution: the giving or receiving of the body for sexual activity for hire.
Lewdness: any indecent or obscene act.
Assignation: making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.
Solicit: to command, encourage, hire, or request another person to engage in specific conduct.
Procure: to persuade, induce, prevail upon or cause a person to do something.
What is the Punishment for Soliciting Another to Commit Prostitution?
According to Florida Statute § 796.07(2)(f), a person who solicits another to commit prostitution a first time commits a misdemeanor of the first degree, which is punishable by up to one year in jail. However, in Hillsborough County, absent aggravating circumstances, first time offenders are unlikely to be sentenced to jail time.
A person who violates Florida Statute § 796.07(2)(f) a second time, commits a third-degree felony, which is punishable by up to five years in prison. For a second conviction of this statute, the judge must sentence the defendant to at least ten days in the county jail.
Additionally, if a person is convicted of Soliciting Another to Commit Prostitution, the judge must order the defendant to:
complete 100 hours of community service pay for and attend an educational course on sex trafficking pay a $5,000 civil penalty to the clerk of court
If the defendant used a car to commit this crime, the judge may order the impoundment of the defendant’s vehicle for up to 60 days.
What are Some Defenses to Soliciting Another to Commit Prostitution?
Common legal defenses in a prostitution case might include:
Entrapment: this defense applies when a law enforcement officer convinces a person that was not ready to commit a crime, to go ahead and commit that crime. In the context of a prostitution charge, sometimes police are overly aggressive, and they may tempt and seduce a person into soliciting another person for prostitution. Lack of Intent: this defense may apply when there is insufficient evidence to show that a person intended to commit any crime. In the context of a prostitution charge, the police may assume that a person had the intent to solicit prostitution when that was never the case.
Frequently Asked Questions
Can I get this solicitation charge dismissed?
It’s possible. It will depend on the facts of the case, and whether you have any prior criminal record.
Can this be removed from my record?
It’s possible. Every case is different, but generally, if the right decisions are made at the right times, and assuming the defendant has no prior criminal record, a dismissed solicitation charge should be eligible for expunging.
Even if I can’t get the case dismissed, can I avoid the $5000 civil fine?
It’s possible. There are a number of prostitution charges in Florida that don’t require the mandatory $5,000 fine. For example, the charge of Maintaining a House of Prostitution, and the charge of Entering a Place for the Purpose of Prostitution, do not require that the defendant pay the $5,000 fine. Sometimes, the State Attorney’s Office may agree to change to charge to avoid the harsh consequences of Florida Statute § 796.07(2)(f).
Do I need a lawyer?
Absolutely. A lawyer can make the difference between a criminal record and a dismissed case.
Are you looking for the best Soliciting of Another to Commit Prostitution Defense Attorney Tampa, Florida? Contact Attorney David C. Hardy.
Tampa Criminal Defense Attorney David C. Hardy is a former prosecutor that now represents persons accused of solicitation in Tampa, Florida. He is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. As a prosecutor and defense attorney, he has extensive experience handling solicitation cases.
If you or a loved one has been arrested in the Tampa Bay area, contact Attorney David C. Hardy. He has the knowledge, skills, and experience to guide you through this process and obtain the best possible results.