Miami Prostitution Lawyer
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Miami Prostitution Laws by Statute
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your rights and Prostitution.
Prostitution Offenses / Soliciting
796.03 Procuring person under age of 18 for prostitution.
796.035 Selling or buying of minors into sex trafficking or
prostitution; penalties.
796.04 Forcing, compelling, or coercing another to become a
prostitute.
796.045 Sex trafficking; penalties.
796.05 Deriving support from the proceeds of prostitution.
796.06 Renting space to be used for lewdness, assignation, or
prostitution.
796.07 Prohibiting prostitution, etc.; evidence; penalties;
definitions.
796.08 Screening for HIV and sexually transmissible diseases;
providing penalties.
796.09 Coercion; civil cause of action; evidence; defenses;
attorney's fees.
796.03 Procuring person under age of 18 for prostitution.--A
person who procures for prostitution, or causes to be prostituted,
any person who is under the age of 18 years commits a felony of
the second degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History.--RS 2617; GS 3537; RGS 5435; CGL 7578; s. 765, ch.
71-136; s. 1, ch. 78-45; s. 1, ch. 93-227.
796.035 Selling or buying of minors into sex trafficking or
prostitution; penalties.--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 that, as
a consequence of the sale or transfer, force, fraud, or coercion
will be used to cause the minor to engage in prostitution or
otherwise participate in the trade of sex trafficking, commits a
felony of the first degree, punishable as provided in s. 775.082,
s. 775.083, or s. 775.084.
History.--s. 3, ch. 2004-391.
796.04 Forcing, compelling, or coercing another to become a
prostitute.--
(1) After May 1, 1943, it shall be unlawful for anyone to force,
compel, or coerce another to become a prostitute.
(2) Anyone violating this section shall be guilty of a felony of
the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History.--ss. 1, 2, ch. 21661, 1943; s. 766, ch. 71-136.
796.045 Sex trafficking; penalties.--Any person who knowingly
recruits, entices, harbors, transports, provides, or obtains by
any means a person, knowing that force, fraud, or coercion will be
used to cause that person to engage in prostitution, commits the
offense of sex trafficking, a felony of the second degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A
person commits a felony of the first degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084, if the offense
of sex trafficking is committed against a person who is under the
age of 14 or if such offense results in death.
History.--s. 4, ch. 2004-391.
796.05 Deriving support from the proceeds of prostitution.--
(1) It shall be unlawful for any person with reasonable belief or
knowing another person is engaged in prostitution to live or
derive support or maintenance in whole or in part from what is
believed to be the earnings or proceeds of such person's
prostitution.
(2) Anyone violating this section commits a felony of the third
degree, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
History.--ss. 1, 2, ch. 21662, 1943; s. 767, ch. 71-136; s. 2, ch.
81-281; s. 1, ch. 87-168; s. 3, ch. 93-227.
796.06 Renting space to be used for lewdness, assignation, or
prostitution.--
(1) It is unlawful to let or rent any place, structure, or part
thereof, trailer or other conveyance, with the knowledge that it
will be used for the purpose of lewdness, assignation, or
prostitution.
(2) A person who violates this section commits:
(a) A misdemeanor of the second degree for a first violation,
punishable as provided in s. 775.082 or s. 775.083.
(b) A misdemeanor of the first degree for a second or subsequent
violation, punishable as provided in s. 775.082 or s. 775.083.
History.--ss. 1, 2, ch. 21663, 1943; ss. 1, 2, ch. 22025, 1943; s.
768, ch. 71-136; s. 4, ch. 93-227.
796.07 Prohibiting prostitution, etc.; evidence; penalties;
definitions.--
(1) As used in this section:
(a) "Prostitution" means the giving or receiving of the body for
sexual activity for hire but excludes sexual activity between
spouses.
(b) "Lewdness" means any indecent or obscene act.
(c) "Assignation" means the making of any appointment or
engagement for prostitution or lewdness, or any act in furtherance
of such appointment or engagement.
(d) "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:
(a) To own, establish, maintain, or operate any place, structure,
building, or conveyance for the purpose of lewdness, assignation,
or prostitution.
(b) To offer, or to offer or agree to secure, another for the
purpose of prostitution or for any other lewd or indecent act.
(c) 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.
(d) 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.
(e) To offer to commit, or to commit, or to engage in,
prostitution, lewdness, or assignation.
(f) To solicit, induce, entice, or procure another to commit
prostitution, lewdness, or assignation.
(g) 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.
(h) To aid, abet, or participate in any of the acts or things
enumerated in this subsection.
(i) To purchase the services of any person engaged in
prostitution.
(3) 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.
(4) A person who violates any provision of this section commits:
(a) A misdemeanor of the second degree for a first violation,
punishable as provided in s. 775.082 or s. 775.083.
(b) A misdemeanor of the first degree for a second violation,
punishable as provided in s. 775.082 or s. 775.083.
(c) A felony of the third degree for a third or subsequent
violation, punishable as provided in s. 775.082, s. 775.083, or s.
775.084.
(5) 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 treatment program as
provided in s. 948.08.
(6) 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 s. 397.334.
History.--ss. 1, 2, 3, 4, 5, ch. 21664, 1943; s. 769, ch. 71-136;
s. 3, ch. 81-281; s. 1, ch. 86-143; s. 39, ch. 91-110; s. 181, ch.
91-224; s. 5, ch. 93-227; s. 4, ch. 2002-297; s. 118, ch.
2003-402.
796.08 Screening for HIV and sexually transmissible diseases;
providing penalties.--
(1)(a) For the purposes of this section, "sexually transmissible
disease" means a bacterial, viral, fungal, or parasitic disease,
determined by rule of the Department of Health to be sexually
transmissible, a threat to the public health and welfare, and a
disease for which a legitimate public interest is served by
providing for regulation and treatment.
(b) In considering which diseases are designated as sexually
transmissible diseases, the Department of Health shall consider
such diseases as chancroid, gonorrhea, granuloma inguinale,
lymphogranuloma venereum, genital herpes simplex, chlamydia,
nongonococcal urethritis (NGU), pelvic inflammatory disease (PID)/acute
salpingitis, syphilis, and human immunodeficiency virus infection
for designation and shall consider the recommendations and
classifications of the Centers for Disease Control and Prevention
and other nationally recognized authorities. Not all diseases that
are sexually transmissible need be designated for purposes of this
section.
(2) A person arrested under s. 796.07 may request screening for a
sexually transmissible disease under direction of the Department
of Health and, if infected, shall submit to appropriate treatment
and counseling. A person who requests screening for a sexually
transmissible disease under this subsection must pay any costs
associated with such screening.
(3) A person convicted under s. 796.07 of prostitution or
procuring another to commit prostitution must undergo screening
for a sexually transmissible disease, including, but not limited
to, screening to detect exposure to the human immunodeficiency
virus, under direction of the Department of Health. If the person
is infected, he or she must submit to treatment and counseling
prior to release from probation, community control, or
incarceration. Notwithstanding the provisions of s. 384.29, the
results of tests conducted pursuant to this subsection shall be
made available by the Department of Health to the offender,
medical personnel, appropriate state agencies, state attorneys,
and courts of appropriate jurisdiction in need of such information
in order to enforce the provisions of this chapter.
(4) A person who commits prostitution or procures another for
prostitution and who, prior to the commission of such crime, had
tested positive for a sexually transmissible disease other than
human immunodeficiency virus infection and knew or had been
informed that he or she had tested positive for such sexually
transmissible disease and could possibly communicate such disease
to another person through sexual activity commits a misdemeanor of
the first degree, punishable as provided in s. 775.082 or s.
775.083. A person may be convicted and sentenced separately for a
violation of this subsection and for the underlying crime of
prostitution or procurement of prostitution.
(5) A person who:
(a) Commits or offers to commit prostitution; or
(b) Procures another for prostitution by engaging in sexual
activity in a manner likely to transmit the human immunodeficiency
virus,
and who, prior to the commission of such crime, had tested
positive for human immunodeficiency virus and knew or had been
informed that he or she had tested positive for human
immunodeficiency virus and could possibly communicate such disease
to another person through sexual activity commits criminal
transmission of HIV, a felony of the third degree, punishable as
provided in s. 775.082, s. 775.083, s. 775.084, or s. 775.0877(7).
A person may be convicted and sentenced separately for a violation
of this subsection and for the underlying crime of prostitution or
procurement of prostitution.
History.--s. 2, ch. 86-143; s. 44, ch. 88-380; s. 6, ch. 90-292;
s. 67, ch. 91-110; s. 258, ch. 91-224; s. 7, ch. 93-227; s. 7, ch.
94-90; s. 2, ch. 94-205; s. 7, ch. 96-409; s. 3, ch. 97-37; s. 35,
ch. 97-93; s. 296, ch. 99-8.
796.09 Coercion; civil cause of action; evidence; defenses;
attorney's fees.--
(1) A person has a cause of action for compensatory and punitive
damages against:
(a) A person who coerced that person into prostitution;
(b) A person who coerces that person to remain in prostitution; or
(c) A person who uses coercion to collect or receive any part of
that person's earnings derived from prostitution.
(2) As used in this section, the term "prostitution" has the same
meaning as in s. 796.07.
(3) As used in this section, the term "coercion" means any
practice of domination, restraint, or inducement for the purpose
of or with the reasonably foreseeable effect of causing another
person to engage in or remain in prostitution or to relinquish
earnings derived from prostitution, and includes, but is not
limited to:
(a) Physical force or threats of physical force.
(b) Physical or mental torture.
(c) Kidnapping.
(d) Blackmail.
(e) Extortion or claims of indebtedness.
(f) Threat of legal complaint or report of delinquency.
(g) Threat to interfere with parental rights or responsibilities,
whether by judicial or administrative action or otherwise.
(h) Promise of legal benefit.
(i) Promise of greater financial rewards.
(j) Promise of marriage.
(k) Restraint of speech or communication with others.
(l) Exploitation of a condition of developmental disability,
cognitive limitation, affective disorder, or substance dependency.
(m) Exploitation of victimization by sexual abuse.
(n) Exploitation of pornographic performance.
(o) Exploitation of human needs for food, shelter, safety, or
affection.
(4) In the course of litigation under this section, any
transaction about which a plaintiff testifies or produces evidence
does not subject such plaintiff to criminal prosecution or any
penalty or forfeiture. Further, any testimony or evidence,
documentary or otherwise, or information directly or indirectly
derived from such testimony or evidence which is given or produced
by a plaintiff or a witness for a plaintiff shall not be used
against these persons in any other investigation or proceeding.
Such testimony or evidence, however, may be used against a
plaintiff or a witness for a plaintiff upon any criminal
investigation or proceeding for perjury committed while giving
such testimony or producing such evidence.
(5) It does not constitute a defense to a complaint under this
section that:
(a) The plaintiff was paid or otherwise compensated for acts of
prostitution;
(b) The plaintiff engaged in acts of prostitution prior to any
involvement with the defendant; or
(c) The plaintiff made no attempt to escape, flee, or otherwise
terminate contact with the defendant.
(6) Evidence of convictions for prostitution or
prostitution-related offenses are inadmissible in a proceeding
brought under this section for purposes of attacking the
plaintiff's credibility.
(7) In any action brought under this section, the court, in its
discretion, may award prevailing plaintiffs reasonable attorney's
fees and costs.
History.--s. 1, ch. 91-32; s. 20, ch. 93-227.
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