Human Trafficking and Prostitution Charges in Florida: Understanding the Difference
In Florida, prostitution and human trafficking may both involve commercial sexual activity. However, the two are legally distinct offenses. For example, while a prostitution charge can result in misdemeanor penalties, a human trafficking conviction can lead to life-altering felony consequences. Understanding how Florida law differentiates these offenses and what prosecutors must establish is critical when facing either charge.
Below, we discuss the difference between these two crimes.
Prostitution in Florida: The Basics
According to Florida Statute 796.07, prostitution means trading sexual activity for money or anything of value. This doesn’t apply to sex acts between spouses. The law not only bans engaging in prostitution, but also punishes those who solicit, recruit, or transport someone for these purposes, or pay for prostitution services.
The seriousness of this offense depends on your criminal record. For a first-time offense, you could be looking at a second-degree misdemeanor. For a second violation, the charge becomes a first-degree misdemeanor. A third or subsequent violation is generally a third-degree felony. However, if accused of soliciting or enticing someone else into prostitution, you could be charged with a higher-level misdemeanor, with the charge escalating with subsequent violations.
What Is Human Trafficking?
Florida’s statute 787.06 defines human trafficking as the process of soliciting, transporting, recruiting, providing, enticing, harboring, maintaining, buying, patronizing, or obtaining someone for exploitation. The law recognizes that trafficking can encompass both forced labor and sexual exploitation.
Since “commercial sexual activity” is defined broadly under the statute, in some cases, actions tied to prostitution also fall under human trafficking. However, trafficking requires the additional element of exploitation under the circumstances specified by the statute.
Key Differences
Here are some of the key differences between prostitution and human trafficking crimes in Florida:
- Nature of the offense: Prostitution generally involves exchanging sexual activity for hire. Human trafficking involves obtaining, transporting, recruiting, harboring, or otherwise maintaining another person for exploitation.
- Coercion: Florida’s trafficking law recognizes coercion, including physical force, threats, confinement, withholding of identification documents, financial harm, and fraud or deceit. On the other hand, a prostitution offense does not require proof of coercion.
- Exploitation: Human trafficking requires the element of exploitation, while a prostitution offense does not necessarily require proof of exploitation.
- Potential penalties: Prostitution offenses can range from misdemeanors to felonies, depending on the violation and prior offenses. Human trafficking offenses can be first-degree or life felonies, depending on the circumstances, including the victim’s age and whether coercion was involved.
Why You Need a Lawyer for Either Charge
Whether you are facing prostitution or human trafficking charges in Florida, it is in your best interests to hire a criminal defense attorney. An attorney can review the evidence, determine whether the charged statute accurately applies to the alleged conduct, and identify weaknesses in the prosecution’s case.
Experienced legal guidance can help protect your rights, challenge improper evidence, develop appropriate defenses, and prepare you for the legal process and potential consequences ahead.
Contact an Orlando Criminal Lawyer
If you’re facing human trafficking or prostitution charges in Florida, don’t wait to act. Contact a skilled Orlando criminal defense attorney at Joshi Law Firm P.A. right away. We can help you understand the allegations, review the evidence, explain the potential penalties of a conviction, and determine the next steps.
