Prostitution Defense Lawyer — Polk County, Florida

Prostitution under Florida Statute § 796.07 — giving or receiving the body for sexual activity in exchange for compensation — is a second-degree misdemeanor (up to 60 days in jail) for a first offense, a first-degree misdemeanor (up to 1 year) for a second offense, and a third-degree felony (up to 5 years in prison) for a third or subsequent offense. If you were arrested for prostitution in Polk County, call (863) 774-4556 — reach us 24/7.

Legally reviewed by Tonmiel Rodriguez, Board Certified Criminal Trial Lawyer — last reviewed June 2026.

Prostitution charges in Polk County frequently arise from sting operations — undercover officers posing as clients or as providers online and in person. I know how these operations work, what entrapment looks like, and what defenses are available at every stage of a prostitution case. A misdemeanor conviction can affect employment, professional licensing, and immigration status. A third-offense felony can mean years in prison. Every prostitution charge deserves serious legal attention.

What Is Prostitution Under Florida Statute § 796.07?

Florida Statute § 796.07(2) makes it unlawful to: give or receive the body for sexual activity in exchange for compensation (prostitution); solicit, induce, entice, or procure another to commit prostitution (soliciting); keep, set up, maintain, or operate a place for prostitution; offer to commit or commit any lewd act for compensation; solicit, induce, entice, or procure another to commit prostitution by a tour guide or operator; own, lease, rent, or operate any property for prostitution; and other related conduct. “Compensation” is broadly defined and includes money, drugs, gifts, housing, or any other thing of value. “Sexual activity” under the statute includes sexual intercourse, oral sex, masturbation, and any other form of sexual conduct in exchange for compensation.

What Are the Penalties for Prostitution in Florida?

Penalties for prostitution escalate with each prior conviction for the same offense. Section 796.07(3) sets out the tiered structure.

What Is the Penalty for a First Prostitution Offense in Florida?

A first conviction for prostitution, assignation, or any violation of § 796.07(2) is a second-degree misdemeanor, punishable by up to 60 days in the Polk County Jail and a $500 fine. A first offense is also subject to a mandatory HIV testing requirement under § 796.08. Diversion programs may be available for first-time offenders in some Florida jurisdictions — in Polk County, diversion availability depends on the specific circumstances of the arrest and the State Attorney’s exercise of discretion. I negotiate aggressively for diversion or withhold of adjudication on first-offense prostitution charges to protect the client’s record.

What Is the Penalty for a Second Prostitution Offense in Florida?

A second conviction for a violation of § 796.07(2) is a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. A second offense conviction can also result in up to 12 months of probation, community service, and mandatory participation in an HIV/AIDS education program. The prosecution must prove the prior conviction — I examine the prior conviction record carefully to ensure it was properly obtained and is a valid predicate for the enhanced charge.

What Is the Penalty for a Third or Subsequent Prostitution Offense in Florida?

A third or subsequent conviction for a violation of § 796.07(2) is a third-degree felony, punishable by up to 5 years in Florida state prison and a $5,000 fine. A third-offense felony conviction results in a permanent felony record, permanent loss of the right to possess firearms under Florida Statute § 790.23, and the full range of collateral consequences associated with a felony conviction in Florida, including employment, housing, and licensing consequences. The prosecution must prove the existence and validity of two prior qualifying convictions to sustain the felony charge.

What Is Assignation Under Florida Law?

“Assignation” is defined in § 796.07(1)(b) as the making of any appointment or engagement for prostitution or any act in furtherance thereof. It amounts to arranging a prostitution transaction, and it is prohibited on the same terms and carries the same penalties as prostitution itself under § 796.07. Many Polk County prostitution arrests arise from online advertising on platforms like classified sites or escort directories — where the act of posting or responding to an advertisement for sexual services can itself constitute assignation even before any meeting occurs. I examine the specific conduct alleged in the arrest report to determine whether it meets the statutory definition of assignation.

What Is Maintaining a House of Prostitution Under Florida Law?

Under Florida Statute § 796.07(2)(d), it is unlawful to keep, set up, maintain, or operate any place, structure, building, or conveyance for the purpose of prostitution. Maintaining a house of prostitution is a third-degree felony carrying up to 5 years in prison regardless of the number of prior convictions. This charge can be brought against landlords, business owners, or any person who operates a commercial property used for prostitution — including massage establishments, hotels, or private residences — if the prosecution can prove the owner or operator knew of and facilitated the prostitution activity on the premises.

How Are Prostitution Sting Operations Conducted in Polk County?

Polk County prostitution sting operations are conducted by the PCSO Vice Unit and Lakeland Police Department Vice detectives. Operations take two primary forms: reverse stings, in which undercover officers pose as providers of sexual services to arrest clients; and direct stings, in which undercover officers pose as clients to arrest people offering sexual services. Online operations involve undercover officers posting or responding to advertisements on internet platforms, engaging in text or online communication, arranging meetings, and arresting the suspect at the meeting location. In-person operations typically involve undercover officers in locations associated with street-level prostitution activity. The entrapment defense is relevant in any sting operation — I analyze who initiated the sexual offer, who proposed the price, and whether the officer’s conduct crossed from investigation into manufacture of the crime.

What Defenses Apply to Prostitution Charges in Florida?

What Is the Entrapment Defense in a Prostitution Case?

Entrapment under Florida Statute § 777.201 is a primary defense in prostitution sting cases. The subjective entrapment defense requires showing that the government induced the defendant to commit the offense and that the defendant lacked predisposition to commit it beforehand. In a reverse sting, if the undercover officer approached the suspect first, offered sexual services first, and set the financial terms before the defendant made any independent offer, the entrapment argument is strong. I examine the complete sequence of events — which side approached the other, raised the sexual subject, and set the price, and how insistent the officer was — to evaluate the entrapment defense.

Can Ambiguous or Coded Language Be a Defense?

Prostitution arrests sometimes arise from conversations in which the alleged offer was ambiguous — euphemistic language, coded terms, or vague statements that the officer interprets as a solicitation but that could have an innocent meaning. Florida Statute § 796.07 requires proof of an actual offer or agreement — the prosecution cannot obtain a conviction based solely on ambiguous statements that merely suggest, but do not clearly constitute, a prostitution offer. I analyze the exact language of the alleged transaction to determine whether the statutory elements are actually satisfied by the evidence.

What Are the Collateral Consequences of a Prostitution Conviction?

A prostitution conviction in Florida, even a misdemeanor, carries consequences beyond the jail term. A conviction appears on public criminal history records and is visible on background checks. Professional licenses requiring a background check — including healthcare, childcare, education, real estate, and insurance licenses — may be affected. Immigration consequences are significant for non-citizen defendants: prostitution convictions are treated as crimes involving moral turpitude under federal immigration law, making non-citizens inadmissible to the United States or subject to deportation under 8 U.S.C. § 1182 and § 1227. A first-offense misdemeanor with a withhold of adjudication may be eligible for sealing under § 943.059. I analyze sealing and expungement eligibility as part of every prostitution case consultation.

Frequently Asked Questions About Prostitution Charges in Florida

Is prostitution a felony in Florida?

A first prostitution offense under § 796.07 is a second-degree misdemeanor. A second offense is a first-degree misdemeanor. A third or subsequent offense is a third-degree felony punishable by up to 5 years in Florida state prison.

What is the difference between prostitution and soliciting prostitution in Florida?

Under § 796.07(2)(a), “prostitution” is giving or receiving the body for sexual activity for compensation. Under § 796.07(2)(f), “soliciting prostitution” is soliciting another person to commit prostitution — the buyer’s side of the transaction. A first soliciting offense is a first-degree misdemeanor (more serious than the second-degree misdemeanor for a first prostitution offense).

Can a prostitution arrest be expunged in Florida?

A first-offense prostitution arrest that results in a dismissal or acquittal may be eligible for expungement under § 943.0585. A conviction with a withhold of adjudication and no prior sealing or expungement may be eligible for sealing under § 943.059. Eligibility depends on the specific resolution and the defendant’s prior record. I analyze expungement eligibility in every prostitution case.

Does prostitution require sex offender registration in Florida?

A conviction under § 796.07 for prostitution, assignation, or soliciting does not, by itself, require sex offender registration under § 943.0435. However, maintaining a house of prostitution and related offenses may qualify depending on the specific circumstances. Human trafficking under § 787.06 involving commercial sexual exploitation does require registration.

Are diversion programs available for prostitution in Florida?

Diversion programs for prostitution exist in some Florida jurisdictions. In Polk County, diversion availability depends on the State Attorney’s discretion, the defendant’s prior record, and the specific circumstances of the arrest. I negotiate for diversion or pre-trial intervention whenever it is available and in the client’s interest, as completing a diversion program avoids a conviction on the record.

For a full overview of Florida sex crime law, see our Sex Crimes Defense Hub. Related charge pages: Soliciting Prostitution | Offering Prostitution | Human Trafficking Defense | Internet Sex Sting Defense. Related topics: Misdemeanor Defense | Sealing and Expungement.

What Happens at a Polk County Prostitution Arrest and Arraignment?

After a Polk County prostitution arrest under § 796.07, you will be booked at the Polk County Jail. For a first-offense misdemeanor, you will typically be released on a notice to appear — a citation requiring you to appear in court on a specific date — or after posting a small cash bond. For repeat offenders charged with a third-offense felony, the bond will be higher and a bail bondsman may be required. The State Attorney’s Office for the 10th Judicial Circuit will file a formal charge, and you will receive notice of the arraignment date. At arraignment, you enter a plea of not guilty, not guilty, or no contest — I advise clients to enter a not guilty plea at arraignment and preserve all options while the defense is being developed. The arraignment is also when any public defender application is processed, but I recommend retaining private counsel if possible — the complexity of the defenses available in sting operation cases requires dedicated attention that a public defender with a heavy caseload may not be able to provide.

How Long Does a Prostitution Case Take to Resolve in Polk County?

The timeline for a prostitution case in the 10th Circuit depends on whether it is a misdemeanor or felony and on the complexity of the evidence. First-offense misdemeanor cases filed in County Court can often be resolved within 2 to 4 months if a plea or diversion agreement is reached early. Cases that go to trial take longer — typically 6 to 12 months or more in the current court schedule. Felony cases filed in Circuit Court follow the Circuit Court calendar, which runs on a longer timeline. I keep clients informed at every stage and work to resolve cases on a timeline that meets the client’s needs while protecting their rights and their record.

What Is the HIV Testing Requirement After a Prostitution Conviction?

Under Florida Statute § 796.08, any person convicted of or placed on probation for a prostitution offense is required to submit to HIV testing. The test is conducted by the health department at county expense. If the test result is positive, the defendant receives mandatory counseling about the risks of transmitting HIV and about preventing transmission. A positive HIV result can also be used to enhance the charge to a felony under § 796.08(4) — a person who has been convicted of a prostitution offense, who knows they are HIV-positive, and who continues to commit prostitution offenses is guilty of a third-degree felony regardless of how many prior convictions exist. I make sure every client understands the HIV testing requirement and its potential consequences before any plea is entered.