796.05

Deriving support from the proceeds of prostitution.

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796.05 Deriving support from the proceeds of prostitution.—

(1) It shall be unlawful for any person with reasonable belief or knowing another person is engaged in prostitution to live or derive support or maintenance in whole or in part from what is believed to be the earnings or proceeds of such person’s prostitution.

(2) Anyone violating this section commits:

(a) For a first offense, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) For a second offense, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) For a third or subsequent offense, a felony of the first degree punishable as provided in s. 775.082, s. 775.083, or s. 775.084, with a mandatory minimum term of imprisonment of 10 years.

History.—ss. 1, 2, ch. 21662, 1943; s. 767, ch. 71-136; s. 2, ch. 81-281; s. 1, ch. 87-168; s. 3, ch. 93-227; s. 11, ch. 2014-160.

Notes of Decisions

Cited in 12 cases, 1986–2019 · leading case: Brown v. State

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Brown v. State (1987) fladistctapp · cites it 4× “Appellant appeals the judgment and sentence resulting from his adjudication of guilty of living off the earnings of a prostitute in violation of section 796.05, Florida Statutes (1983). Appellant raises a number of points on appeal, only three of which we discuss.”

State v. Tyrrell (2002) fladistctapp · cites it 2× “[2] § 796.05, Fla. Stat. (1999). [3] § 921.002, et seq.”

State v. Otte (2004) fla · cites it 2× “(1999), and with deriving support from prostitution in violation of section 796.05, Florida Statutes (1999). The State obtained an order authorizing a wiretap on a telephone in Otte's home.”

State v. Rivers (1995) fla · cites it 2× “[6] § 796.05, Fla. Stat. (1991). [7] Deriving support from the proceeds of prostitution is a third-degree felony, punishable by a term of imprisonment not exceeding five years.”

Pronesti v. State (2003) fladistctapp · cites it 2× “Michele Gerardo Pronesti appeals his conviction for deriving support from the proceeds of prostitution, in violation of section 796.05(1), Florida Statutes. We affirm.”

Helms v. State (2010) fladistctapp · cites it 3× “This is an appeal from defendant’s convictions for deriving support from the proceeds of prostitution, in violation of section 796.05(1), Florida Statutes (2009), and transporting another individual for the purposes of prostitution, in violation of section 796.”

Eaton v. State (1986) fladistctapp · cites it 2× “For the reasons stated, we hold section 796.05 to be constitutional. We also hold that no other reversible error has been shown with regard to appellant’s conviction.”

Hubard v. State (2009) fladistctapp · cites it 2× “Deriving support from the proceeds of prostitution is a third-degree felony, § 796.05(2), Fla. Stat. (2001), and is a level 3 offense for scoresheet purposes, § 921.”

State v. Morris (1989) fladistctapp · cites it 2× “This is an appeal from an order dismissing a criminal information which purports to allege a violation of section 796.05(1), Florida Statutes (1987).”

State v. Rivers (1994) fladistctapp · cites it 2× “Rivers was also charged with one violation of section 796.05, Florida Statutes (1991) (deriving support from the proceeds of prostitution), a third degree felony.”

United States v. Ramiro Hernandez (2006) ca11 · cites it 2× “1(b)(5), for use or possession of a firearm in connection with two other felony offenses, namely: (1) “deriv[ing] support or maintenance in whole or in part from what is believed to be the earnings or proceeds of such person’s prostitution,” in violation of Fla. Stat. § 796.05…”

United States v. Jesse Lewis (2019) ca11 “ved, as proper exercises of a district court’s broad discretion under the Federal Rules of Evidence, admission of extrinsic bad acts evidence of conduct or events further removed in time from 4 The Florida statutes under which Lewis had been found guilty made it unlawful “for…”

— 796.05(1) — 3 cases

Pronesti v. State (2003) fladistctapp “Michele Gerardo Pronesti appeals his conviction for deriving support from the proceeds of prostitution, in violation of section 796.05(1), Florida Statutes. We affirm.”

Helms v. State (2010) fladistctapp “This is an appeal from defendant’s convictions for deriving support from the proceeds of prostitution, in violation of section 796.05(1), Florida Statutes (2009), and transporting another individual for the purposes of prostitution, in violation of section 796.”

State v. Morris (1989) fladistctapp “This is an appeal from an order dismissing a criminal information which purports to allege a violation of section 796.05(1), Florida Statutes (1987).”

— 796.05(2) — 1 case

Hubard v. State (2009) fladistctapp “Deriving support from the proceeds of prostitution is a third-degree felony, § 796.05(2), Fla. Stat. (2001), and is a level 3 offense for scoresheet purposes, § 921.”

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