Hi I just had a quick question. I work as a photographer in LA and recently a friend of mine tried posting a trade on CL and it worked out great for him. My question is that since no money is exchanged, what legal guidelines would something like this fall on. I ask this because I tried it and got a few responses, emailed a few back and want to set up a time to do a shoot with one girl. I'm just being sketchy but it is LA and they bust you in ways you cant even imagine. I'm providing a straight trade. No money, roses, candy...etc will be exchanged. Thanks any help would be appreciated.
""CALIFORNIA CODES
PENAL CODE
SECTION 653.20-653.28
653.20. For purposes of this chapter, the following definitions
apply:
(a) "Commit prostitution" means to engage in sexual conduct for
money or other consideration, but does not include sexual conduct
engaged in as a part of any stage performance, play, or other
entertainment open to the public.""
A lot of stuff falls between the cracks, but don't get the idea that judges are stupid because they dress funny.
Notice the words "for purposes of this chapter." Penal Code 653.20 is part of the Penal Code, Part 1, Title 15, Chapter 2.5, which is about loitering for the purpose of prostitution.
The actual prostitution and solicitation of prostitution statute is Penal Code 647(b).
Every person who commits any of the following act is guilty of a disorderly conduct, a misdemeanor:
(b) Who solicits or who agrees to engage in or who engages in any act of prostitution. A person agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in prostitution. No agreement to engage in an act of prostitution shall constitute a violation of this subdivision unless some act, in addition to the agreement, is done within this state in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. As used in this subdivision, "prostitution" includes any lewd act between persons for money or other consideration.
To break down the legalese, In California, prostitution is a lewd act for money or other consideration. Consideration in the legal sense means anything given or received in exchange for a promise, so non-monetary goods or services also count. Bodily contact of one's genitals, buttocks, or female breasts by another, for the purpose of sexual gratification, is considered a lewd act.
I wonder if the orig poster is following.
You asked this very question yesterday and got responses - in fact, it's the post directly UNDER this one.
Did you think that asking it again would get you different answers? Like if you didn't like what Dad said, so you decided to see if Mom would say what you wanted to hear?
exactly what he has in mind is a little unclear.
I'd guess he may not understand the distinction between law & fact, so that he may think if he goes thru the motions, or just gets the incantation right, it will banish the crime.
sorry guys I never posted here before I didn't realize that your posts take a day or two to appear. I just thought something went wrong with my post and didn't appear. My mistake jesus dont get bent about it.
that any sex act (and I suspect that it's up to the court to figure out what that is, within the law) traded for anything of value (whatever value is) could be considered prostitution.
Without experience, it seems to me that really discriminates unfairly against short-term relationships, because the longer you know her in the widest set of circumstances, the more believable you are when you claim there was no specific quid pro puo.
So if you're telling her that you'll give her fotos if she puts out, that seems clear enough. OTOH, its also possible that you 2 might just fall in love for an hour. Stranger things have happened, and I suppose that's up to the court to figure out.
My impression - without experience - is that these fellows who think that they're absolutely protected if they film their fucking may be deluding themselves.
OTOH, they gotta catch you first. The more explicit you are on craigslist, the more likely that seems to me.