Being charged with solicitation of an adult in Florida is a serious matter. While this offense does not usually require sex offender registration, the penalties can still be life-changing. Beyond fines and possible jail time, a conviction carries lasting professional, personal, and social consequences.
This article explains the Florida solicitation law, penalties for first and repeat offenses, how sex offender registration applies, and what to do if you are arrested.
Florida Law on Solicitation of an Adult
Under Florida Statute § 796.07, it is illegal to “solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation.” This law applies even when no sexual act actually occurs. Prosecutors can bring charges based on an offer or intent, which is why sting operations with undercover officers or online decoys are common. Evidence often includes:
- Text messages or online chats
- Recorded phone calls
- Body-camera or surveillance video
To convict, the State must prove that the accused intended to engage in a sexual act for payment.
Penalties for Solicitation of an Adult
Penalties escalate sharply with each subsequent offense.
First Offense – First-Degree Misdemeanor
- Up to 1 year in jail
- Up to 1 year probation
- $1,000 fine
- Mandatory $5,000 civil penalty
- Mandatory STD screening
- Court-ordered “john school” or human trafficking education program
- Vehicle impoundment (up to 60 days if a car was used)
Second Offense – Third-Degree Felony
- Up to 5 years in state prison
- Up to 5 years probation
- $5,000 fine
- Mandatory $5,000 civil penalty
- Minimum mandatory jail sentence of 10 days
Third or Subsequent Offense – Second-Degree Felony
- Up to 15 years in prison
- Up to 15 years probation
- $10,000 fine
- Mandatory $5,000 civil penalty
Does Solicitation Require Sex Offender Registration?
Unlike many other sex-related charges, soliciting an adult does not trigger sex offender registration in Florida. Florida Statute § 943.0435 lists qualifying offenses, and adult solicitation is not included. However, there are important exceptions:
- If the alleged victim is a minor (or believed to be a minor).
- If the charge is tied to other qualifying offenses, such as trafficking or sexual battery.
- If a plea deal results in conviction of a registrable offense.
For most adult solicitation cases, avoiding registration is a significant part of the defense strategy — but avoiding a felony conviction is equally critical.
What to Do If You’re Arrested
If arrested or contacted by law enforcement:
- Remain Silent – Do not answer questions without a lawyer present.
- Do Not Consent to Searches – Politely decline requests to search your phone, vehicle, or home.
- Contact a Criminal Defense Attorney Immediately – Early intervention may prevent charges or reduce exposure.
Common Defenses to Solicitation Charges
Every case is unique, but common defenses include:
Lack of Intent
The prosecution must prove intent to pay for sex. Innocent conversations or ambiguous statements may be misinterpreted as solicitation.
Entrapment
In sting cases, law enforcement may have gone too far in pressuring or persuading the accused. Entrapment occurs when police induce someone to commit a crime they were not otherwise predisposed to commit.
Insufficient Evidence
If the State’s case rests on weak or circumstantial evidence, defense counsel may challenge its admissibility or argue that it fails to meet the burden of proof beyond a reasonable doubt.
Why Early Representation Matters
Solicitation cases often start with undercover operations, meaning much of the evidence is in law enforcement’s control. An experienced defense attorney can:
- Review transcripts, videos, and chats for inconsistencies.
- File motions to suppress unlawfully obtained evidence.
- Negotiate alternatives to jail, such as diversion or education programs.
- Protect your rights and reputation from the start.
While solicitation of an adult in Florida does not usually trigger sex offender registration, the consequences are still severe — escalating from fines and probation to lengthy prison terms for repeat offenders.
If you or someone you love is facing solicitation charges, do not face them alone. With over 15 years of trial experience in Florida and Michigan, Derrick George, Esq. and his team provide skilled, proactive defense.
FAQs: Solicitation of an Adult in Florida
Q: Is solicitation of an adult a felony in Florida?
A: A first offense is a misdemeanor, but second or subsequent offenses are felonies.
Q: Will I have to register as a sex offender?
A: Typically no, unless the case involves a minor or another registrable offense.
Q: Can police arrest me without a sexual act occurring?
A: Yes. Offers, online chats, or recorded conversations can be enough for a charge.
Q: What is the mandatory fine?
A: A $5,000 civil penalty is mandatory for all convictions.
Q: What defenses are available?
A: Common defenses include lack of intent, entrapment, and insufficient evidence.
Need help with a solicitation charge? Contact our defense team today for a confidential consultation.
