It must first be explained what solicitation is, as not many people understand what the term actually means. Solicitation is the bribing, encouraging, commanding, or requesting of a person to commit a crime. More specifically, solicitation for prostitution is to solicit a person for sexual acts. But what are the more important details about this crime?
What Is Solicitation for Prostitution?
As stated earlier, solicitation for prostitution is the encouraging, bribing, requesting or commanding of another person to engage in sexual acts. The other person does not have to be a prostitute for solicitation for prostitution to apply. Money does not need to exchange hands either; there merely has to be an offer of money, nor does the sexual act had to have been committed.
In addition, even if the other party is willing to engage in the crime of prostitution, solicitation can still apply. That’s why it’s important to have clever sex crime attorneys on your side in the event that you’re unexpectedly charged with solicitation so that your rights can be protected.
What Are The Penalties For Solicitation?
In general, penalties are divided into criminal penalties and civil penalties. Criminal penalties incur some amount of jail time, while civil penalties point to some kind of fine being paid. Let’s look into these two kinds of penalties in more depth.
Criminal Penalties for Solicitation for Prostitution
The crime of solicitation for prostitution is a second-degree misdemeanor for a first violation. This usually leads up to sixty (60) days in jail, a fine of $500, or both. A second offence is deemed a first-degree misdemeanor, and will incur up to a year in jail, a fine of $1,000, or both.
Subsequent violations are considered felonies in the third degree. These kinds of crimes will lead to up to five years in prison, a fine of $5,000, or both. In addition, the courts may offer admission to some kind of intervention program or a substance abuse treatment program.
If the individual being solicited is a minor, then the charges would be even more severe, upping all of the above-mentioned crimes by one degree. For example, a first time offence that would normally be a first-degree misdemeanor would be increased to a third-degree felony if a minor is involved.
Civil Penalties for Solicitation for Prostitution
In the state of Florida, a civil penalty is imposed in addition to the above criminal penalties. Under Florida statute, any person who would, “…solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation” is subject to a $5000.00 civil penalty under Florida Statute § 796.07(6) if the violation results in any disposition by the court other than an acquittal or dismissal of the charges.
Are There Any Potential Defences Against Solicitation for Prostitution?
There are a few defences that can be raised in an individuals case. These include:
- entrapment: the individual was enticed to commit the crime that person would not have otherwise done.
- mistaken identity
- investigative mistakes were made by law enforcement
- an individual was not properly read their Miranda Rights
It would be important to discuss the details of your case with an attorney as soon as possible. Please call your local lawyer’s office as soon as you are able.
