Crime of Loitering for Prostitution
The following is a proposed statute for the crime of Loitering for Prostitution and reads as follows:
It is unlawful for any person to loiter in or near any public place in a manner and under circumstances manifesting the purpose of inducing, enticing, soliciting for or procuring another to commit an act of prostitution. Among the circumstances that may be considered in determining whether such purpose is manifested are that such person repeatedly beckons to, stops, or attempts to stop or engages persons passing by in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing, waving of arms or any other bodily gesture. Would you, as a member of the legislature, agree to this statute or not and why?
As a member of the legislature, I disagree with this statute. This statute is against our citizenry right to saunter down a sidewalk, window shop, and wave to passersby who are friends without fear of being arrested. Again, it is very incriminating if a “recognized prostitute” routinely beckons to, stops, tries to stop, or engages persons passing by through a conversation, or repeatedly stops or tries to stop a motorist by waving hands, hailing, or through bodily gesture. As a legislature, I am a firm believe that conversing in a public street, hailing one’s friend or a cab, and aimless strolling remain time-honored pastimes in Florida society, protected under the federal law and also under Florida statutes. In reference to the Florida Supreme Court’s conclusion, that the city of ordinance, which disallows loitering “via a way and under situations revealing purpose to engage in the act of” prostitution, requires no proof for illegal intent as an element for the offense. This clearly indicates that the ordinance allows arresting and convicting of people for loitering under circumstances manifesting the possibility of such event, for example beckoning passersby or waving to motor cycle operators; which would be happing without the intention to engage in a crime. Also, loitering for prostitution may be accidentally committed. This is possible where the defendant is legitimately lost in an unfamiliar town or otherwise has an innocent or valid explanation for his/her behavior. This ordinance affects the constitutionally shielded or protected acts. Thus, I firmly disagree with this statute.