Friday, August 7, 2015

Apart from Solicitation, can you also be Charged for Failure to Advise a Prostitute about a STD? ~ "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Are there charges besides prostitution charges, for sleeping with a prostitute and alerting the prostitute that you have a venereal sexually transmitted disease?




A:    Chosen as"Best Answer" by Asker on www.AVVO.com






Best Answer
chosen by asker
Answered Solicitation of prostitution is a crime (see F.S. 796.07(1)(a), a link to the Statute is below).

FAILURE (caps intentional) to disclose a known STD is a separate offense (see F.S. 384.24, a link to the entire "STD" Chapter is below).

It is not unlawful to alert someone (prostitute or otherwise) that you have a STD prior to sexual contact, and in fact that is what the law requires that you do (alert before the fact), so, hooker or not, if you advise in advance then you've not committed a violation of Chapter 384.

Still, solicitation (and the 386 violation) is (are) a (both) 1st degree misdemeanor(s) punishable by a maximum of 364 days in jail and a $1,000.00 fine (each).

If the prostitute is a "legitimate" hooker then, once you disclose your STD I can't imagine that she'll do anything but bolt (well, there may be a few choice words and gestures but there should be no police report as she would effectively be admitting to committing a crime her/himself...).

However, if the alleged hooker is a u/c cop then, while you may have have violated 796.07 you cannot violate 384.24 as no sexual contact will not have occurred (and if it does then the cop is gonna have a whole lotta 'splainin to do).

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) less



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Asker
Posted 31 minutes ago.
Thank you Mr. Haber. This is the type of response I was looking for. You always straight to the point, Thanks again!
Michael Adam Haber
Michael Adam Haber, Criminal Defense Attorney - Miami, FL
Posted less than a minute ago.
My pleasure. Thank you for the props and for the +++ feedback!


Michael A. Haber, P.A.:   Creative, effective and zealous criminal defense advocacy since 1991.


At Michael A. Haber, P.A. "Its all about reasonable doubt".


Michael A. Haber, Esq. is prepared to speak with you about your case!


Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1











THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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