Deriving Support from Proceeds of Prostitution in Florida

Once relegated to the shadows of seedy sections of Central Florida, prostitution has become increasingly common due to the ease with which "escorts" and sex workers can be found on the internet.

As a result, the legislature has focused their efforts on punishing ”pimps“ who derive any portion of their income off of another person's prostitution related proceeds.

If accused of Deriving Support from Proceeds of Prostitution, you need to know the:

Definition of Deriving Support from Proceeds of Prostitution

Under Florida Statute 796.05, the crime of Deriving Support from the Proceeds of Prostitution is committed when a person lives off of, derives support from, or maintains any part of their lifestyle from what is reasonably believed to be, or known to be, the earnings or proceeds of another person's performance of prostitution.

Reasonable Belief

Often, pimps, escort services, or “marketing assistants” will post internet advertisements on behalf of women with a disclaimer stating that whatever occurs is between two consenting adults, the companionship or escort service was not for prostitution, or some other variation.

Such self-serving statements attempting to deny knowledge that sex will occur between the prostitute and customer will not, as a matter of law, serve as a defense to the crime of Deriving Support from the Proceeds of Prostitution. Rather, it would be up to a jury to decide whether to accept the disclaimer at face value or to reject it. [1]

Penalties for Deriving Support from Proceeds of Prostitution

The penalties for the crime of Deriving Support from the Proceeds of Prostitution increase based upon the number of times a person is convicted of the crime.

First Offense Deriving Support from Proceeds of Prostitution

The crime of First Offense Deriving Support from the Proceeds of Prostitution is classified as a Second Degree Felony and is assigned a Level 5 offense severity ranking under Florida's Criminal Punishment Code.

If convicted of First Offense Deriving Support from the the Proceeds of Prostitution, a judge 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.

Second Offense Deriving Support from Proceeds of Prostitution

The crime of Second Offense Deriving Support from the Proceeds of Prostitution is classified as a First Degree Felony and is assigned a Level 7 offense severity ranking under Florida's Criminal Punishment Code.

If convicted of Second Offense Deriving Support from the Proceeds of Prostitution, a judge must impose a minimum sentence of 23 months in prison, but can also impose any additional combination of the following penalties:

  • Up to thirty (30) years in prison.
  • Up to thirty (30) years of probation.
  • Up to $10,000 in criminal fines.

Third Offense Deriving Support from Proceeds of Prostitution

The crime of Third Offense Deriving Support from the Proceeds of Prostitution is classified as a First Degree Felony and is assigned a Level 7 offense severity ranking under Florida's Criminal Punishment Code.

If convicted of Third Offense Deriving Support from the Proceeds of Prostitution, a judge must impose a mandatory minimum term of 10 years imprisonment, but can also impose any additional combination of the following penalties:

  • Up to thirty (30) years in prison.
  • Up to thirty (30) years of probation.
  • Up to $10,000 in criminal fines.

Defenses to Deriving Support from Proceeds of Prostitution

The general pretrial and trial defenses that can be raised in any criminal case are the primary defenses to the crime of Deriving Support from the Proceeds of Prostitution.

Contact Criminal Defense Lawyer Richard Hornsby

If you have been arrested or charged with Deriving Support from Proceeds of 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. Helms v. State, 38 So. 3d 182 (Fla. 1st DCA 2010)