Is there a way to get busted in the following scenario:
pay mamasan for room. Girl comes in. Gives massage. One thing leads to another and the deed is done. Upon leaving the massagee gives massager money. No talk about any services or payment for services were discussed period.
Just curious.
Thanks
If the massage was given in a residence it is illegal. Period. Even if it really is just a massage. Anything on top of that would just add to the charge. Operating massage out of a hotel is also illegal.
Thanks for the response - but my question is specific to an AMP (Asian massage parlor) not a residence or hotel. I am assuming that getting a massage in a massage parlor is legal, but was wondering about the hypothetical scenario I originally posed. Thanks.
Laws vary state to state.
But as pointed out below, LE can always ARREST you in that situation, whether they could get a CONVICTION (without manufacturing evidence which is always a possiblity) depends on the law of your state.
In Texas there are some older (1970's) cases which suggest you MIGHT have been able to avoid conviction if the fee you paid was just for a massage, and there was no evidence of an explicit or implicit bargain that the fee was for sex. If most people pay $60 for a massage but you pay $160 that would look pretty suspicious though. Whether those Texas cases are still valid I don't know. I posted a link to that Texas site in a post down below.
Los Angeles,California.
The usual scenario is pay mamasan room fee and then girl comes in to give massage. Once again, no conversation takes place as to what will happen - no offer, no acceptance, no contract - verbally or non verbally. One thing leads to another and the deed is done. Upon contemplation of how everything went a monetary gift is given to massager - as stated without prior bargain. Thanks
From my reading of Cal.Penal Code Sec. 670, you just theoretically committed an act of prostitution. Of course I could be wrong.
Sec. 670 makes it a misdemeanor to "agree" or "engage" in an act of prostitution, and prostitution "includes any lewd
act between persons for money or other consideration".
In the Texas cases I spoke about, the only fee was paid up front and the legal dispute was about what that fee was paid for. Here, you pay an additional fee after you have received the supposed sexual services. You paid for sex.
I guess my question here is "How do I busted in that scenario?" The girl would have to be in on it, or videoed, etc., if the payment is made after the fact without prior discussion about it - wouldn't it mean that LE would have been party to an illegal act?
Of course, this whole string is based on a hypothetical situation created for discussion purposes only.
As I've stated before, what you do is almost irrelevant when it comes to whether you'll be busted.
If the police and DA have decided to take customers in, you're going in, regardless of what the actual facts are. Remember, to arrest you in a raid the police must only establish, in their mind alone, that it was more likely than not that you had committed some offence.
If its not election time, and the police are responding to a commplaint at a house for the first time, you may be able to get a walk.
If there's a raid, what you should do is be polite, silent, and cooperative. Then, regardless of what you had done, were doing, or were about to do or say, unless its election time or the house where you were is more than a mere AMP, more likely than not you'll be going home.