Thank you! I worked very hard on my site and appreciate your kind words. Sorry about that, I was only quoting what my attorney advised me on as it applies to my site. (Escort mall) I do not allow language that would imply any illegal activities. (All text is approved before posting)
I also design other adult related sites and the disclaimer varies from site to site. If their text doesn’t pass my attorney, I will not put my web design name on it and/or host it on my servers. The files are handed over to my clients for uploading.
I should have been a little clearer.
Xoxo, Marcella
Can anyone answer this question?
Lets say a provider gets busted, can the webdesigner get busted too?
As long as you have a disclaimer posted on the index page and the web designer doesn’t receive any monies beyond design fees you cannot be held responsible for her actions.
The below text was approved my attorney.
This site contains adult material that may be offensive to some individuals. The material on OhMarcella.com is adult oriented and related to suit a mature audience. Beyond this warning page there are links to material of adult nature. Access is made available only to those who accept the terms of the following agreement. I am at least 21years of age and have the legal right to possess adult material in my community. I understand the laws and standards set in my community and am solely responsible for my own actions. Under perjury of law I solemnly affirm that I am over the age of 21 and that I am not accessing OhMarcella.com for the purpose of obtaining information that will be used by me or others in any capacity against the Webmaster of this site, host of this site, its owners, employees or any other parties associated with OhMarcella.com. By continuing past this page I will have released and discharged the owners and creators of this site from any and all liability which might arise.
Marcella
The advantage of posting questions of a legal nature on that board is that the moderator is an attorney and a poster is more likely to receive a response from those with legal training and experience.
While it may well be unlikely that most local police would even think about pursuing the web designer, there are charges that COULD made against that person: "conspiracy" and "aiding and abetting" a crime (the language on Marcella's site notwithstanding). That is not to say they would be able to prove the charges beyond a reasonable doubt, but just being charged is a significant problem for most people. This is another reason that the site language should be as general as possible and money should be based on only time. Presumably, the designer knows nothing more than the information that is available to the public on the site and had no intent to aid and abet any criminal activity that might be charged in the future.
As a famous criminal law professor once said: "It is difficult to have an enjoyable life without violating some of the laws." Most of us have violated speed laws more than once, but we have an idea of what the results of being caught will be. For most other crimes, the likely penalty imposed by a particular court is more difficult to ascertain.
Marcella, you have one of the nicesest sites I have seen. However, be careful about handing out "legal" advice.
Thank you! I worked very hard on my site and appreciate your kind words. Sorry about that, I was only quoting what my attorney advised me on as it applies to my site. (Escort mall) I do not allow language that would imply any illegal activities. (All text is approved before posting)
I also design other adult related sites and the disclaimer varies from site to site. If their text doesn’t pass my attorney, I will not put my web design name on it and/or host it on my servers. The files are handed over to my clients for uploading.
I should have been a little clearer.
Xoxo, Marcella
A web-designer might be prosecuted, but it's very, very unlikely, given that prostitution itself is a misdemeanor. The only reasons why everyone isn't prosecuted for something is that 1) there's not enough personnel to pursue them; 2) Prosecutors are motivated win most the cases they pursue.
Doesn't mean they can't harass you with stupid indictments if you've pissed them off.
/Zin