Charges of Solicitation of Prostitution & Lascivious Battery

Florida Statutes 796.07

Accusations of solicitation of prostitution can cause severe harm to the alleged offender, even if the individual did not commit the crime. The social stigma of these crimes can cause irreparable damage to your life. If you receive charges of prostitution or solicitation, you must understand that the charges do not have to haunt you for the rest of your life.
Mark Solomon is an experienced criminal lawyer who works with alleged criminals to uphold their rights. He offers aggressive defense and helps individuals clear their record of false contentions. Let Mark protect your rights against claims of prostitution or solicitation.​

Mark Solomon, Criminal Defense Lawyer

Attorney Mark Solomon
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866-283-2694
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Committing Prostitution, Solicitation and Related Crimes in Florida
Florida has very specific laws prohibiting prostitution and the solicitation of prostitution. According to the Florida Penal Code, an individual commits this offense if he or she knowingly engages in any type of sexual conduct for a fee. Individuals can receive charges for prostitution by simply agreeing or offering sexual activity for a payment. If an individual solicits another for sexual activity in a public place for a fee, this is also a crime.
Promoting and compelling prostitution are similar criminal offenses that are indirectly involved with the actual act of prostitution. If an individual receives money or property as payment for prostitution or solicits another to engage in the act, the state may accuse this person of the promotion of prostitution. Compelling another individual by force, threat or fraud to commit prostitution is also illegal. Serious legal punishment often accompanies these crimes.
A knowledgeable criminal defense lawyer can help individuals charged with prostitution or solicitation find the proper defense for their specific case. Two examples of defenses against these charges include:

  • Entrapment. Police officers cannot encourage or urge you to commit a crime. If you receive charges of prostitution crimes as the result of an undercover police operation, the police may have unlawfully entrapped you into committing the crime.
  • No Monetary Exchange. If law enforcement cannot produce evidence that there was money exchanged, then the act was merely consensual sex between individuals and no crime occurred.

​Fighting Solicitation of Prostitution requires the skill and knowledge of an experienced criminal defense attorney like Wayne Richter. Wayne handles all types of drug offenses in both State and Federal courts. Most of the laws regarding prostitution in Florida are contained in Chapter 796 of the Florida Statutes.
Lewd and Lascivious Battery, Molestation, Conduct & ExhibitionFlorida Statutes 800.04 
With few exceptions, there is no worse charge to face than the allegation of lewd or lascivious battery, molestation, conduct or exhibition. An arrest for one of these offenses is often made based on very little physical evidence, yet the potential penalties for a conviction on these charges are severe.
Lewd or Lascivious Battery is defined by Florida Statute 800.04(4) as engaging in “sexual activity” with a person between 12 and 15 years old. The definition of “sexual activity” can be found at Florida Statute 800.04(1)(a).
Lewd or Lascivious Molestation is defined by Florida Statute 800.04(5) as “A person who intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person [under 16], or forces a person [under 16] to touch the perpetrator [in a similar manner]”.
The terms “lewd or lascivious” are defined by Florida Standard Jury Instruction 11.10(c) and they mean the same thing. It means a wicked, lustful, unchaste, licentious, or sensual act on the part of the person committing the act.

Penalties for Lewd or Lascivious MolestationWhen lewd and lascivious molestation is committed by a person 18 or over, upon someone under 12, it is punishable by life in prison.  When lewd and lascivious molestation is committed by a person under 18, upon someone under 12, it is punishable by up to fifteen years in prison. When lewd and lascivious molestation is committed by a person 18 or over, upon someone 12 to 15 years of age, it is punishable by up to fifteen years in prison. When lewd and lascivious molestation is committed by a person under 18, upon someone 12 to 15 years of age, it is punishable by up to five years in prison.
Lewd or Lascivious Conduct is defined by Florida Statute 800.04(6) as intentionally touching a person under 16 years of age in a lewd or lascivious manner, or asking a person under 16 to commit a lewd or lascivious act.
The terms “lewd or lascivious” are defined by Florida Standard Jury Instruction 11.10(d) and they mean the same thing. It means a wicked, lustful, unchaste, licentious, or sensual act on the part of the person committing the act.

Penalties for Lewd or Lascivious Conduct in FloridaWhen lewd and lascivious conduct is committed by a person 18 or over, it is punishable by up to fifteen years in prison. When lewd and lascivious conduct is committed by a person under 18, it is punishable by up to five years in prison.
Lewd or Lascivious Exhibition is defined by Florida Statute 800.04(7) as intentionally masturbating or the exposing of genitals in a lewd or lascivious manner in the presence of a person under 16 years of age.
The terms “lewd or lascivious” are defined by Florida Standard Jury Instruction 11.10(e) and they mean the same thing. It means a wicked, lustful, unchaste, licentious, or sensual act on the part of the person committing the act.

Penalties for Lewd or Lascivious ExhibitionWhen lewd and lascivious exhibition is committed by a person 18 or over, it is punishable by up to fifteen years in prison. When lewd and lascivious exhibition is committed by a person under 18, it is punishable by up to five years in prison.

Prohibited DefensesThe age of the offender and the age of the alleged victim play an important role in the definition of the above-listed charges. For that reason, many people are surprised to learn that lack of knowledge of the victim’s age is not a permitted defense to the charge(s). Additionally, the victim’s misrepresentation of their age is also not permitted to be raised as a defense. Even the accused’s good faith belief about the alleged victim’s age is not a valid legal defense.
Further, neither the victim’s consent, nor the victim’s lack of chastity is permitted as a defense to any of the above-listed charges.

Requirement to Register as a Sexual OffenderA conviction for any of the offenses listed above requires the person to register their status as a sexual offender with the sheriff of the county in which they reside as well as with the Department of Highway Safety and Motor Vehicles.

When Should I Hire a Lawyer?If you, or someone you know, is being investigated or has been arrested for charges of lewd or lascivious battery, molestation, conduct or exhibition then you should hire an attorney immediately. DO NOT UNDER ANY CIRCUMSTANCES SPEAK WITH THE POLICE. Many of these types of cases lack any independent evidence and the police and prosecutors often rely on an accused’s statement to support an arrest and subsequent prosecution.​
Hiring a skilled and respected criminal defense lawyer is necessary to obtain the just and proper result for your case. Mark Solomon is experienced in handling lewd or lascivious charges and will aggressively represent you, and fight to protect you, in and out of the courtroom.