Florida criminal charge
Screening for HIV and sexually transmissible diseases; providing penalties in Florida
Screening for HIV and sexually transmissible diseases; providing penalties is a criminal offense under Florida law, defined by Fla. Stat. § 796.08. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 796.08.
What is the penalty for screening for hiv and sexually transmissible diseases; providing penalties in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Prostitution with knowledge of non-HIV sexually transmissible disease — A person commits or procures prostitution while knowing they previously tested positive for a sexually transmissible disease other than HIV and could possibly transmit it through sexual activity.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Prostitution with knowledge of non-HIV sexually transmissible disease — A person commits or procures prostitution while knowing they previously tested positive for a sexually transmissible disease other than HIV and could possibly transmit it through sexual activity.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Criminal transmission of HIV via prostitution — A person commits or offers to commit prostitution, or procures another for prostitution via sexual activity likely to transmit HIV, while knowing they previously tested positive for HIV and could possibly transmit it through sexual activity.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Criminal transmission of HIV via prostitution — A person commits or offers to commit prostitution, or procures another for prostitution via sexual activity likely to transmit HIV, while knowing they previously tested positive for HIV and could possibly transmit it through sexual activity.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is screening for hiv and sexually transmissible diseases; providing penalties classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Prostitution with knowledge of non-HIV sexually transmissible disease | Misdemeanor of the First Degree | A person commits or procures prostitution while knowing they previously tested positive for a sexually transmissible disease other than HIV and could possibly transmit it through sexual activity. | Fla. Stat. § 796.08(4) |
| Criminal transmission of HIV via prostitution | Felony of the Third Degree | A person commits or offers to commit prostitution, or procures another for prostitution via sexual activity likely to transmit HIV, while knowing they previously tested positive for HIV and could possibly transmit it through sexual activity. | Fla. Stat. § 796.08(5) |
Common questions about screening for hiv and sexually transmissible diseases; providing penalties in Florida
Is screening for HIV and sexually transmissible diseases; providing penalties a felony or a misdemeanor in Florida?
It depends on the circumstances: screening for HIV and sexually transmissible diseases; providing penalties ranges from a Misdemeanor of the First Degree to a Felony of the Third Degree in Florida under Fla. Stat. § 796.08.
Prostitution with knowledge of non-HIV sexually transmissible disease: Misdemeanor of the First Degree (Fla. Stat. § 796.08(4)) · Criminal transmission of HIV via prostitution: Felony of the Third Degree (Fla. Stat. § 796.08(5))
What are the penalties for screening for HIV and sexually transmissible diseases; providing penalties in Florida?
Penalties for screening for HIV and sexually transmissible diseases; providing penalties in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Third Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers screening for HIV and sexually transmissible diseases; providing penalties?
Screening for HIV and sexually transmissible diseases; providing penalties is governed by Fla. Stat. § 796.08 (Screening for HIV and sexually transmissible diseases; providing penalties).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.