Daytona Beach Solicitation Of Prostitution Attorney Kevin Pitts
Were you caught up in a Daytona Beach solicitation for prostitution sting? You may be embarrassed, but you don’t have to go through this alone. Just because you were arrested does not mean you are guilty. The success of a sting for police is determined by the number of arrests. Police are not above pushing the limits to improve the statistical outcome of the sting. An experienced Daytona Beach prostitution sting attorney can help you minimize the impact of the allegations against you. We provide discreet and confidential consultations for you or a loved one. Daytona Beach police department loves the press that comes with a successful sting but there are a lot of i’s to dot, and t’s to cross and police procedures to follow that an experienced prostitution sting attorney can identify and use to mitigate the harmful effects a conviction would bring to you or a loved one’s life. Typically we see two types of stings, the first type is Daytona Beach prostitution stings that involve the world wide web sites include craigslist or backpage, or datehookup.com (or other websites) with officers waiting on the other side of the door, anxious to arrest ‘a John.’ Other times, officers are posing as prostitutes at hotels and convention centers or walking up and down Ridgewood Avenue. Again, armed police officers are waiting on the other side of the door or in the bushes, anxious to arrest ‘a John.’ Then, the pretend prostitute officer gives a prearranged take-down signal and the person is arrested.
Offering money for sex is considered ‘Solicitation of Prostitution’ a crime punishable by up to 60 days in jail, 6 months of probation, a combination of both, and a fine of up to $500.00, and additionally, proof of taking an HIV test and if a car is involved, the Department of Motor Vehicles must suspend your driver’s license for a minimum of six months. Fla. Stat. 322.26(7). An experienced prostitution sting attorney can help you with this as well.
A different scenario is where the person ‘dirty talks’ an officer into arresting them for ‘Soliciting Another to Commit a Lewd Act, Florida Statute 796.07(2F).’ A violation of subsection (2F) also comes with a potential surcharge of up to $5,000.00. A lot of times, these ‘interactions’ are monitored by video surveillance, audio surveillance, or both. You have the Constitutional Right to have access to this crucial discovery and if the State cannot produce it, your case may be dismissed. Call Daytona Beach defense attorney Kevin J. Pitts at 386-451-5112 to set up a free consultation.
796.07 Prohibiting prostitution and related acts
(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)(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:
(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 $5,000 if the violation results in any judicial disposition other than acquittal or dismissal. Of the proceeds from each penalty assessed under this subsection, the first $500 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. The remainder of the penalty assessed shall be deposited in the Operations and Maintenance Trust Fund of the Department of Children and Family Services for the sole purpose of funding safe houses and short-term safe houses as provided in s. 409.1678.