Jacksonville Lawyer for Prostitution Sting Arrests and DBPR Massage License Complaints
An undercover prostitution sting does not always result in the arrest of the person accused of trying to purchase sexual services. Law enforcement also conducts operations designed to arrest the person allegedly offering sexual activity for money.
In Jacksonville and throughout Northeast Florida, these investigations can involve undercover officers entering massage establishments posing as customers. A massage may begin as a legitimate service, but the officer may later allege that the massage therapist offered sexual activity for additional money.
That can result in an arrest under Florida Statute § 796.07(2)(e).
For a licensed massage therapist, however, the criminal charge may be only the beginning. The arrest can also lead to a separate complaint or investigation by the Florida Department of Business and Professional Regulation (DBPR) involving the individual's massage therapy license. Depending on the circumstances, the massage establishment's license may also become an issue under Florida's Massage Therapy Practice Act. Chapter 480 contains separate disciplinary provisions governing massage therapists and massage establishments.
Mesic Law represents clients in both the criminal prostitution case and DBPR professional-licensing complaints arising from the arrest.
What Is Offering to Commit Prostitution in Florida?
Florida Statute § 796.07 prohibits several different prostitution-related acts.
Under § 796.07(2)(e), it is unlawful for a person 18 years of age or older to offer to commit, commit, or engage in prostitution, lewdness, or assignation.
Florida defines prostitution as the giving or receiving of the body for sexual activity for hire, excluding sexual activity between spouses. (Florida Chapter 796)
One of the most important words in the statute is “offer.”
The State does not necessarily have to prove that sexual activity actually occurred. An arrest may be based upon an officer's allegation that the person offered prohibited sexual activity.
That makes the details of the encounter extremely important.
What exactly was said? Who initiated the conversation? Was additional money discussed? What was the money supposedly for? Was there an audio or video recording? Does that recording support what the undercover officer later wrote in the police report?
Those questions can become central to defending the case.
Offering Prostitution Is Different From Soliciting Prostitution
This distinction is particularly important because people frequently use the word “solicitation” to describe very different offenses.
Section 796.07(2)(e) applies to the adult accused of offering to commit, committing, or engaging in prostitution, lewdness, or assignation.
Section 796.07(2)(f) separately prohibits soliciting, inducing, enticing, or procuring another person to commit prostitution, lewdness, or assignation.
These distinctions matter because the offenses do not necessarily carry the same statutory consequences.
What Are the Penalties for Offering to Commit Prostitution?
Under Florida's current statute, a violation of § 796.07 other than paragraph (2)(f) is generally classified as:
- a second-degree misdemeanor for a first violation;
- a first-degree misdemeanor for a second violation; and
- a third-degree felony for a third or subsequent violation.
For someone without a professional license, the criminal case itself may be the primary concern.
For a licensed massage therapist, however, the misdemeanor can create an additional problem that may ultimately be even more important to her livelihood: the ability to keep working as a massage therapist.
Undercover Prostitution Stings at Massage Establishments
Massage establishments create a particularly complicated setting for an undercover prostitution investigation because there is already a legitimate paid service taking place.
An undercover officer may enter the establishment as a customer and pay for a massage. During the massage, the officer may engage the therapist in conversation, ask questions, make statements, or otherwise interact with the therapist.
The officer may then allege that the therapist offered a sexual service for additional compensation.
An arrest may follow.
Depending upon the investigation, relevant evidence may include:
- audio or video recordings;
- undercover recordings;
- body-camera footage;
- surveillance video;
- text messages;
- statements allegedly made during the massage;
- the amount and timing of money exchanged;
- alleged gestures or physical conduct; and
- testimony from the undercover officer.
Prostitution Sting Arrests in Jacksonville and Duval County
These cases are particularly relevant in Jacksonville because prostitution investigations can involve massage establishments as well as more traditional undercover operations.
For someone arrested during a massage-establishment sting in Duval County, the first question should not simply be whether the officer claims an offer occurred.
The complete encounter should be examined.
A legitimate massage involves payment and physical contact. Those facts alone do not establish prostitution. The State still has to prove the conduct prohibited by the statute.
What Evidence Should Be Examined After a Sting Arrest?
The police report is the starting point, not necessarily the end of the investigation.
Some important questions include:
What exactly did the undercover officer say?
Context matters. The complete conversation can be important when determining whether the defendant actually made the alleged offer.
What exactly did the therapist say?
A summary written after an arrest may not capture the exact language used during the encounter.
Was the encounter recorded?
If audio or video exists, it should be compared with the officer's report.
Was additional money actually discussed?
The existence of a legitimate massage fee makes it particularly important to distinguish payment for massage services from any alleged additional transaction.
Massage Therapists Can Face a Second Case After the Arrest
For a licensed massage therapist, resolving the criminal charge may not end the problem.
Florida regulates massage therapy under Chapter 480, the Massage Therapy Practice Act. The statute provides for investigations and disciplinary action involving massage license.
After a prostitution-related arrest, the therapist may receive correspondence concerning a DBPR complaint or investigation.
That creates two distinct legal matters:
1. The criminal prostitution case.
2. The DBPR professional-license matter.
They arise from the same incident, but they are not necessarily the same proceeding.
Mesic Law represents massage therapists who receive DBPR complaints or become the subject of professional-license investigations following a prostitution arrest.
You may come to us immediately after the sting arrest and need representation in both matters.
Or your criminal case may already be underway—or even resolved—when you receive correspondence from DBPR concerning your massage license.
We can represent you in the DBPR licensing matter even when the criminal arrest occurred earlier.
That representation can include evaluating the allegations, responding to the licensing investigation, determining how the criminal case affects the professional-license case, and defending the therapist against disciplinary action.
Why the Criminal Case and DBPR Case Need to Be Considered Together
A massage therapist should not resolve a criminal prostitution case without considering what that resolution could mean for her license.
Florida's massage-therapy disciplinary statute includes criminal convictions among the grounds that can support disciplinary action when the crime directly relates to massage therapy or the ability to practice massage therapy.
That means a therapist should not assume that accepting a no-contest plea necessarily protects her professional license simply because she did not formally plead guilty.
The licensing consequences should be considered before the criminal case is resolved whenever possible.
Can the Massage Establishment Also Face DBPR Consequences?
Yes.
Florida licenses the massage therapist and the massageestablishment separately.
Chapter 480 contains regulatory requirements and disciplinary provisions affecting massage establishments as well as individual therapists. Florida law also contains specific restrictions concerning sexual activity and prostitution-related conduct associated with massage establishments.
Depending upon the circumstances, one undercover sting can therefore create issues involving:
the therapist's criminal case;
the therapist's individual massage license; and
the massage establishment's license.
An establishment owner should not assume that the absence of a personal arrest means the establishment cannot face regulatory consequences.
Defending an Offering-to-Commit-Prostitution Charge
There is no single defense that applies to every sting operation.
The defense should be based on the evidence in the particular case.
Frequently Asked Questions About Offering to Commit Prostitution in Florida
Is offering to commit prostitution the same as solicitation of prostitution?
No. Florida Statute § 796.07 contains several separate prohibited acts. Section 796.07(2)(e) addresses an adult offering to commit, committing, or engaging in prostitution, lewdness, or assignation. Other subsections address soliciting another person and purchasing prostitution services.
Can I be arrested even if no sexual act occurred?
Yes. The statutory language expressly includes offering to commit prostitution. The State does not necessarily have to prove that the alleged sexual activity was completed. It still must prove the offense charged.
What if the undercover officer asked me about sexual services first?
The complete interaction should be reviewed. Who initiated particular statements, what was actually said, and how the conversation developed can all be relevant to evaluating the criminal case.
What if the officer's report is different from what actually happened?
Any available audio, video, body-camera footage, surveillance, or other evidence should be compared with the written report. A police report is the officer's account of the encounter; it is not a substitute for reviewing available underlying evidence.
Is a first offense a felony?
Generally, a first violation of § 796.07 other than paragraph (2)(f) is a second-degree misdemeanor. The classification increases for subsequent violations.
Does the $5,000 penalty apply if I am charged with offering to commit prostitution?
The special statutory consequences associated with subsection (2)(f) should not automatically be applied to a person charged solely under § 796.07(2)(e). The precise subsection charged must be examined.
Can my massage license be affected by the arrest?
Potentially, yes. Florida's Massage Therapy Practice Act contains grounds for professional discipline, including provisions concerning criminal convictions directly related to massage therapy or the ability to practice.
Will DBPR contact me after the criminal case?
A prostitution-related arrest involving a licensed massage therapist can result in a separate licensing investigation or complaint. The timing and circumstances vary.
Does Mesic Law represent massage therapists in DBPR cases?
Yes. Mesic Law represents individual massage therapists facing DBPR complaints and professional-license investigations following prostitution-related arrests, in addition to representing clients in the underlying criminal case.
Can you represent me if another attorney handled my criminal case but I now have a DBPR complaint?
Yes. The DBPR licensing matter is separate from the criminal prosecution. Mesic Law can represent a massage therapist in the professional-license matter even when another attorney handled or is handling the criminal case.
Can a no-contest plea affect my massage license?
Potentially. Florida Statute § 480.046 provides that a nolo contendere plea is considered a conviction for purposes of a particular disciplinary provision concerning crimes directly related to massage therapy or the ability to practice. (Florida Statute 480.046)
Can the massage establishment's license also be affected?
Potentially, yes. Florida separately regulates massage establishments, and Chapter 480 contains requirements and disciplinary provisions affecting establishment licenses.
Mesiclaw represent clients in Jacksonville, Duval County, and throughout Northeast Florida, including Clay, St. Johns, and Nassau Counties.
If you have been arrested in an undercover sting—or if the arrest has now resulted in a DBPR complaint concerning your massage therapy license—contact Mesic Law to discuss the criminal case, the professional-license case, or both.