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Case 1:20-cr-00330-PAE Document 439 _ Filed 11/12/21 Page 56 of 69 appropriate and viable defense. While the age of consent for Counts Five and Six is 18, at the time of the alleged offense, individuals under the age of 18 could be charged with commission of the crime of prostitution.*’ At the time of the charged offenses Eas a co- conspirator who committed crimes of prostitution chargeable under Florida law. See Fla Stat. § 796.07 (“Prohibiting prostitution and related acts’”).** In connection with Counts Five and Six, it is appropriate to raise the defense of consent to engage in prosecution. An additional problem with the government’s in limine request is that it conflates two very distinct and significant concepts: consent by an accuser as an affirmative defense to alleged unlawful sexual activity and consent to voluntary acts by an accuser. As noted above, the age of the alleged victim and the state in which any alleged act took place may implicate a consent defense. Separately, however, the voluntary acts of an accuser are relevant evidence that is 37 In October 2016, the Florida State Senate enacted House Bill 545, which decriminalized prosecution of minors found to be engaging in prostitution. Since 2016, Florida considers minors involved in prostitution victims rather than culprits. 38 Fla. Stat.§ 796.07(2) sets out all unlawful acts chargeable as prostitution: a. To own, establish, maintain, or operate any place, structure, building, or conveyance for the purpose of lewdness, assignation, or prostitution. b. To offer, or to offer or agree to secure, another for the purpose of prostitution or for any other lewd or indecent act. c. To receive, or to offer or agree to receive, any person into any place, structure, building, or conveyance for the purpose of prostitution, lewdness, or assignation, or to permit any person to remain there for such purpose. d. To direct, take, or transport, or to offer or agree to direct, take, or transport, any person to any place, structure, or building, or to any other person, with knowledge or reasonable cause to believe that the purpose of such directing, taking, or transporting is prostitution, lewdness, or assignation. To offer to commit, or to commit, or to engage in, prostitution, lewdness, or assignation. f. To solicit, induce, entice, or procure another to commit prostitution, lewdness, or assignation. g. To reside in, enter, or remain in, any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution, lewdness, or assignation. h. To aid, abet, or participate in any of the acts or things enumerated in this subsection. To purchase the services of any person engaged in prostitution. © _. 48 DOJ-OGR-00006473