Assignation to Commit Prostitution in Florida

Assignation to Commit Prostitution is the making of an appointment to have sex with a prostitute. The crime can be committed by both the prostitute and the“John.”

Importantly, law enforcement has intensified its efforts to arrest and prosecute those who engage other people in sex-for-hire.

If accused of Assignation to Commit Prostitution, you need to know the:

Definition of Assignation to Commit Prostitution

Under Florida Statute 796.07(2), the crime of Assignation to Commit Prostitution is committed when a person makes an appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.

Penalties for Assignation to Commit Prostitution

The penalties for Assignation to Commit Prostitution differ based upon whether it is the prostitute or the customer that is being prosecuted.

Further, the penalties increase progressively based upon whether the defendant has prior prostitution related convictions.

Penalties for the Prostitute

The following penalties apply only to a prostitute charged with Assignation to Commit Prostitution.

First Prostitution Related Offense

The crime of Assignation to Commit Prostitution with no prior prostitution convictions is a Second Degree Misdemeanor in Florida.

If convicted of Assignation to Commit Prostitution with no prior prostitution convictions, a judge can impose any combination of the following penalties:

  • Up to sixty (60) days in jail.
  • Up to six (6) months of probation.
  • Up to $500 in criminal fines.

Second Prostitution Related Offense

The crime of Assignation to Commit Prostitution with a prior prostitution conviction is a First Degree Misdemeanor in Florida.

If convicted of Assignation to Commit Prostitution with a prior prostitution conviction, a judge can impose any combination of the following penalties:

  • Up to one (1) year in jail.
  • Up to one (1) year of probation.
  • Up to $1,000 in criminal fines.

Third Offense Assignation to Commit Prostitution

The crime of Assignation to Commit Prostitution with two or more prostitution convictions is a Third Degree Felony and is assigned a Level 1 offense severity ranking under Florida's Criminal Punishment Code.

If convicted of Assignation to Commit Prostitution with two or more prostitution convictions, a judge can impose any combination of the following penalties:

  • Up to five (5) years in prison.
  • Up to five (5) years of probation.
  • Up to $5,000 in criminal fines.

Penalties for the Customer

The following penalties apply only to the customer (commonly referred to as the “John”) charged with Assignation to Commit Prostitution.

Every “John” convicted of Assignation to Commit Prostitution must complete 100 hours of community service, attend a prostitution and human trafficking awareness course, undergo screening for sexually transmissible diseases, [1] and pay a $5,000 civil fine.

In addition to these mandatory penalties that must be imposed in every case, a judge can also impose the following penalties:

First Prostitution Related Offense

The crime of Assignation to Commit Prostitution with no prior prostitution related convictions is classified as a First Degree Misdemeanor in Florida.

If convicted of Assignation to Commit Prostitution with no prior prostitution related convictions, a judge can impose any combination of the following penalties:

  • Up to one (1) year in jail.
  • Up to one (1) year of probation.
  • Up to $1,000 in criminal fines.

Second Prostitution Related Offense

The crime of Assignation to Commit Prostitution with a prior prostitution related conviction is classified as a Third Degree Felony and is assigned a Level 1 offense severity ranking under Florida's Criminal Punishment Code.

If convicted of Assignation to Commit Prostitution with a prior prostitution related conviction, a judge is required to impose a minimum jail sentence of 10 days in jail and can also impose any combination of the following penalties:

  • Up to five (5) years in prison.
  • Up to five (5) years of probation.
  • Up to $5,000 in criminal fines.
  • Up to sixty (60) day impoundment or immobilization of vehicle.

Third Prostitution Related Offense

The crime of Assignation to Commit Prostitution with two more prior prostitution related convictions is classified as a Second Degree Felony and is assigned a Level 1 offense severity ranking under Florida's Criminal Punishment Code.

If convicted of Assignation to Commit Prostitution with two more prior prostitution related convictions, a judge is required to impose a minimum jail sentence of 10 days in jail and can also impose any combination of the following penalties:

  • Up to fifteen (15) years in prison.
  • Up to fifteen (15) years of probation.
  • Up to $10,000 in criminal fines.
  • Up to sixty (60) day impoundment or immobilization of vehicle.

Defenses to Assignation to Commit Prostitution

In addition to the general pretrial and trial defenses that can be raised in any criminal case, the primary defense to the crime of Prostitution is to assert that consensual sex occurred without any promise for money.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with Assignation to Commit Prostitution in Orlando or the Central Florida area, please contact Criminal Defense Lawyer today.

The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.

References

  1. Florida Statute 796.08(3)