“Excess Ain’t Rebellion”: Why a $5,000 Fine for Consensual Sex “Shocks the Conscience”

By: John Guidry

I’ve heard folks complain that some laws simply “legislate morality” and, as such, those laws should be stricken. The Libertarian in me says: Hey, if consenting adults want to pay for basic human needs, why stop them?

• The Counter-Argument: How far are you willing to take this? Most heroin addicts don’t have insurance for the ambulance ride, so the rest of us pay for their “Rock N’ Roll Lifestyle.”
• The Reference: As the band Cake sings: “Excess ain’t rebellion, you’re drinking what they’re selling.”

The Crime: One of the “crimes” that I think shouldn’t be a crime is Prostitution. (Yes, I said it. Consenting adults. Basic needs. Marvin Gaye Sexual Healing. You get the point).

The Punishment: Here is where it gets crazy.

• Beating your wife: Fine is often $1,000 (Domestic Battery).
• Killing your neighbor’s dog: Fine is often $500 (Animal Cruelty).
• Consensual Sex for Money: Mandatory Civil Penalty of $5,000.

Does that seem right to you? $5,000 for a Second Degree Misdemeanor?

Did you get hit with a fine that costs more than your car?

Unconstitutional fines can be fought. Call John today at (407) 423-1117.

The Case: State v. Cotton (The $5,000 Fight)

That exact question was raised in State of Florida v. Joseph Lloyd Cotton (Marion County, 2014).

• The Plea: Cotton pled to Solicitation of Prostitution (a 2nd Degree Misdemeanor).
• The Sentence: 6 months probation and the mandatory $5,000 fine.
• The Appeal: He challenged the fine as unconstitutional.

The Constitutional Issue: The Eighth Amendment prohibits “Excessive Fines.”

• The Loophole: The Florida Legislature knows that a $5,000 Criminal Fine is illegal for a misdemeanor (the max is usually $500). So, our sneaky elected officials labeled it a “Civil Penalty” to get around the Constitution.

The Ruling: “Shocking the Conscience”

Judge Robert Farrance in Marion County wasn’t buying the loophole. He ruled that the $5,000 fine was Unconstitutional.

“The $5,000 civil fine… is excessive, unduly oppressive, and unreasonably harsh, such that it would shock the conscience of reasonable men.”

The Logic: The Court pointed out the absurdity of the disparity. The following Felonies (punishable by 5 years in prison) carry the same $5,000 fine as this misdemeanor:

• Robbery
• Burglary
• Aggravated Stalking
• Possession of Child Pornography

How can a 60-day misdemeanor carry the same financial punishment as Child Abuse? It is disproportionate, oppressive, and now, legally excessive.

John’s 2026 Update: The “Human Trafficking” Pivot & Forfeiture

Note: In 2014, we fought the cash fine. In 2026, they take the cash, the car, and your reputation.

1. The “Human Trafficking” Rebranding In 2026, the State rarely uses the word “Prostitution” in press conferences. They call everything “Human Trafficking.”

• The Impact: By framing every solicitation case as “Trafficking,” the Legislature reinstated high fines (often keeping them at $5,000 or raising them) and tied the money to “Victim Trust Funds.” This makes it much harder for judges to strike them down without looking “soft on traffickers.”

2. Vehicle Forfeiture (Nuisance Abatement) The State realized that $5,000 fines are hard to collect from people who don’t have $5,000.

• The 2026 Tactic: They seize the car.
• The Law: Under the Florida Contraband Forfeiture Act, a vehicle used to facilitate solicitation (even just driving to the hotel) can be seized. The police offer to sell it back to you for… you guessed it… roughly $5,000.

3. Digital Solicitation & “Sugar Dating” In Cotton, the solicitation likely happened on the street or via a simple phone call.

• The 2026 Reality: Most cases now involve “Arrangement” sites or OnlyFans DMs.
• The Danger: Police use AI bots to pose as “Sugar Babies.” If you agree to a price (even implied), the crime is complete. You don’t have to meet up. You don’t have to touch anyone. A text message + a Venmo offer = a $5,000 fine and a seized iPhone.

Don’t Pay the “Morality Tax”

The government has no business charging you $5,000 for a private act between adults. While the law is tough, cases like Cotton prove that judges still have a conscience.

Call me at (407) 423-1117. Let’s fight the fine.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.