In Florida prostitution is defined as “the giving or receiving of the body for sexual activity for hire”, and “sexual activity” is defined as “penetration or union with the sexual organs of another or handling or fondling of another’s sexual organ for the purpose of masturbation”. The statute makes it unlawful to engage in such broad behavior as well as to “receive, offer, or to agree to secure to offer another” for any lewd, indecent or obscene act (and those words, “lewd, indecent or obscene” are very broadly construed).
Prostitution and related offenses are gender neutral. A man, woman, transgender, transsexual, metrosexcal… anyone can be arrested for violating F.S. 796.07. Sadly (ridiculously even) cops can and do dedicate a great deal of time, effort and energy into arresting people for both prostitution and solicitation of prostitution. These efforts run the gamut from posting fraudulent advertisements on the internet and in newspapers to physically placing scantily clad people on the street to behave in a manner so as to attract the attention of anyone who is predisposed to meet someone who is both scantily clad and presumably interested in garnering attention.
Although entrapment is a common defense to a prostitution or a solicitation of prostitution charge it also almost never works.
One day the government will get the hell out of people’s business and let them buy and sell sex. In fact when government smartens up it will regulate prostitution, making it both safer for everyone involved and profiting off of licensing and taxation. However, until such an enlightenment occurs (which in Florida may be about the year 5,712) a good rule of thumb is that if it looks too goos to be true then it probably isn’t.
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Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client’s interests and custom tailors his services to meet each client’s particular situation, needs and desires.
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