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1] In Florida, soliciting for the purpose of prostitution is a first degree misdemeanor (if a first-time offense) punishable by up to 1 year days in jail (796.07(2)(f)).
2] To prove the crime of soliciting prostitution, the State must prove beyond a reasonable doubt that defendant solicited/induced/procured another to commit prostitution.
3] “Prostitution” is the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses, under Florida law.
4] To “solicit” means to command, encourage, hire, or request another person to engage in specific conduct. To “procure” means to persuade, induce, prevail upon or cause a person to do something.
5] Under Florida law, solicitation is enhanced based on the number of prior violations.
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