In the State of Florida Prostitution means the giving or receiving of the body for sexual activity for hire, excluding sexual activity between spouses.
Prostitution is one of the few crimes that may be charged without the actual criminal act being performed; in this case the actual sexual activity.
When accused, arrested, or charged with prostitution it is extremely important to know your rights, options, and what the most effective defense strategy may be relating to your specific circumstances.
Law enforcement use various methods to arrest individuals for prostitution, including, but not limited to:
Sting Operations - Wearing provocative clothing and posing as prostitutes, police officers use this roadside method to lure would-be customers off the street and into the bedroom, only to be arrested for prostitution.
Prostitution Ring Breakups - Using the reverse tactic from sting operation, police officers pose as customers seeking to find sex for hire. Once inside the supposed massage parlors or with the personal escort, the police will make arrests upon determining the falsehood of the organization.
Sex Online - Websites galore offer services for companionship as a cover up for prostitution. Acting as potential customers for these Internet-based sites, law enforcement agencies are able to distinguish the legal from the illegal and make prostitution arrests accordingly.
In prostitution cases it is always important to ensure law enforcement acted within the lawful standard of conduct and investigation methods. The actions of law enforcement must be put under a microscope to determine if there was misconduct, a lack of probable cause, if your civil rights were violated, or if the actions of law enforcement overstepped the allowable standard and crossed over into unlawful entrapment.
In order to achieve a conviction for prostitution, the prosecution must prove there was a definitive agreement to engage in an act of prostitution. This is usually achieved by means of a recording device during conversations between an undercover cop and the accused, established by the text messages and or emails sent back and forth between the prostitute and the customer or undercover police.
If the accused has no money on their person, the prosecution may have a difficult time proving the specific intent to engage in an act of prostitution.