It is possible to have 3 persons involved. The client offer to pay other person for a sex act. The person who was offered pay for the sex was offended. A third party who watching is offended. It is attempting a lewd act. If the sex act happens and a third party saw it, it can be a still a lewd act because a third person was offended. I am not going to waste my mind to reason this one out. I leave this up to the legal community to figure this one out.
I am going to go one something that is easier for my mind to reason. The client pays the provider to perform lewd acts. The lewd acts offend more than one person. Since there are 4 people involved, the act is commercial. Two people who do it in private is noncommercial. If two people do it in public and no one sees it, it is attempting commercial activities. Three people or more doing it together is commercial regardless private or public. “Laws prohibiting or regulating prostitution and activities facilitating or otherwise related to prostitution have been enacted in order to outlaw commercial sexual conduct.” -73 C.J.S. Prostitution and Related Offenses § 1Latin maxim expressio unius est exclusio alterius "... a maxim of interpretation meaning that the expression of one thing is the exclusion of the other. When certain persons or things are specified in a law, contract or will, an intention to exclude all others from its operation may be inferred. In this case, the reference to the assignment to a financial institution excludes assignment to any other entity." – From Duhamine.com Legal Dictionary
“ Inclusio unius est exclusio alterius. The inclusion of one thing is the exclusion of another.” - From free legal dictionary in the definition “include.”
The Cal. Penal Code 647(b) did not use “include but not limited to” or “including” in the language so the section only address lewd conduct.
By the Cannon of Construction, this statutes only restricted to lewd acts.
“ In statute declaring that person is guilty of disorderly conduct who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to public or exposed to public view, terms “lewd” and “dissolute” are synonymous, and refer to conduct which involves touching of genitals, buttocks or female breast for purpose of sexual arousal, gratification, annoyance or offense, if actor knows or should know of presence of persons who may be offended by his conduct; disapproving language of People v. Deyhle, 76 Cal.App.3d Supp. 1, 143 Cal.Rptr. 135 and previous decisions inconsistent with opinion. West’s Ann.Pen.Code, §§ 286, 290, 311.6, 314, subd. 1, 415(3), 647(a).”
- Pryor v. Municipal Court, 25 Cal.3d 238 (1979)
-- Modified on 10/12/2013 1:58:42 PM
“As used in this subdivision, "prostitution" includes any lewd act between persons for money or other consideration.” – California Penal Code 647(b)
Latin maxim expressio unius est exclusio alterius "... a maxim of interpretation meaning that the expression of one thing is the exclusion of the other. When certain persons or things are specified in a law, contract or will, an intention to exclude all others from its operation may be inferred. In this case, the reference to the assignment to a financial institution excludes assignment to any other entity." – From Duhamine.com Legal Dictionary
“ Inclusio unius est exclusio alterius. The inclusion of one thing is the exclusion of another.” - From free legal dictionary in the definition “include.”
The Cal. Penal Code 647(b) did not use “include but not limited to” or “including” in the language so the section only address lewd conduct.
By the Cannon of Construction, this statutes only restricted to lewd acts.
“ In statute declaring that person is guilty of disorderly conduct who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to public or exposed to public view, terms “lewd” and “dissolute” are synonymous, and refer to conduct which involves touching of genitals, buttocks or female breast for purpose of sexual arousal, gratification, annoyance or offense, if actor knows or should know of presence of persons who may be offended by his conduct; disapproving language of People v. Deyhle, 76 Cal.App.3d Supp. 1, 143 Cal.Rptr. 135 and previous decisions inconsistent with opinion. West’s Ann.Pen.Code, §§ 286, 290, 311.6, 314, subd. 1, 415(3), 647(a).”
- Pryor v. Municipal Court, 25 Cal.3d 238 (1979
“An “exchange” is a transfer of property for property or some value other than money.”
-BURGER-PHILLIPS CO. v. COMMISSIONER OF INTERNAL REVENUE 126 F.2d 934
“Mutual transfers of property other than for money although one of parties may pay a sum of money in addition to property.” –Black Law’s Dictionary 9th Edition in the definition of exchange pg. 562
“ "Prostitution" means:
a. the giving or receiving of the body for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value, or
b. the making of any appointment or engagement for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value; “ – Oklahoma Statutes §, 21:39 Section 1030
Oklahoma Prostitution Statutes requires MONEY AND PROPERTY or OTHER THING OF VALUE to be considered prostitution. Colorado has a similar law.
Fictional Legal Fantasy
OFFICER: The hotel is within 1,000 feet of the church. You are charged with a felony under Oklahoma Statutes.
JOHN: Officer, I did not exchange money for sex. I purchase sex act. In order to exchange money for sex act, there must be a property given on top of the money. That what it says Black’s laws 6th edition. The state’s law criminalizes paying for sex with money and property not paying for sex with money only. I didn’t give any property to the undercover officer with the money. I didn’t give a condom or sex toy to the undercover cop with the money for the sex act.
OFFICER: You will have to argue that in court.
JOHN: You are misapplying the law. You can charge me under the Model Penal Code (MPC) Article 251.2 Section 5 or Washington D.C. prostitution statutes D.C. Code Title 22 Chapter 27 because these prostitution laws apply to me. I am a US Citizen and subject to the District of Columbia and the American Law Institute which is a corporation of the District of Columbia.
OFFICER: I don’t understand how these laws apply to you. I though Oklahoma Statutes and Federal Statutes apply to you only.
JOHN: The 14th amendment says “All citizens born and naturalized in the United States are subject to the jurisdiction thereof; all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” I am subject to the District of Columbia and the American Law Institute.
OFFICER: How does the MPC applies to you? I never heard such a book.
JOHN: Just charge me with the MPC code and Washington D.C. prostitution laws. The prosecutor will decide if I am subject to the Model Penal Code.
I am a property of the court because I claim the TIN man as mine. If you read this case CHURCH OF SCIENTOLOGY OF CALIFORNIA v. UNITED STATES DEPARTMENT OF JUSTICE 612 F.2d 417 section 37 , it defines “person” as legal entities other than human being. The TIN man which the state created through the birth certificate is the legal fiction which is the US Citizen. The human being cannot be the US Citizen unless the human being claims to be the TIN man. The prosecutor and the judge control me through the TIN man. They can make me subscribe to the MPC. The subscription to the MPC is like the state subscribe to the Uniform Commercial Code.
OFFICER: I don’t know what to do. I am so confuse. My sergeant trained me wrong in the law. I am going to contact the District Attorney for assistance on this issue.
DA: Since he said something, just write MPC code Article 251.2 Section 5 and Washington D.C. statutes D.C. Code Title 22 Chapter 27 in your police report and paperwork.
He got a lucky today because he said the right thing. Now he will not face a felony charge.
OFFICER: My sergeant trained me wrong in the law. Who do I go to when I need a legal answer? I did not realize how confusing the law is.
DA: I am not the Law Doctor. The Chief Judge is the official Law Doctor. He is the only one that can issue you a legal prescription and legal answers.
With this John you have in custody, I will need a legal prescription for MPC or Washington D.C. medicine to treat this sick prostitution case. I hope the Judge will issue me the MPC prostitution law medicine because it is Florida Style Prostitution law. The hiring requirements make it difficult for anyone to get away except for sugar daddies and sugar babies.
OFFICER: What pharmacy fills the MPC prostitution law prescription?
DA: The American Law Institute.
OFFICER: Thanks for telling me about the MPC prostitution law prescription is available. I am going to make an appointment with the chief judge of the county for a MPC prostitution law prescription so I can pay a sugar baby for companionship and ….. You know what.
DA: The Chief Judge gave me an MPC prostitution law prescription so I can pay a sugar baby for companionship and you know what…… Don’t forget to book a flight to Pennsylvania to get the prescription fill. You will have to have the prescription fill by a pharmacist at the American Law Institute.
OFFICER TO THE JOHN: You got lucky today. You will only going to face the Washington DC or the MPC prostitution law charge. Under Washington DC and MPC prostitution laws, the crime is only a misdemeanor
“Prostitution. – (a) A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.” – Rhode Island Statutes SECTION 11-34.1-2
“ (2) "Commercial sexual activity" means any sexual conduct which is performed or promised in return for a fee.” – Rhode Island Statutes SECTION 11-34.1-1
“Return. To bring, carry, or send back; to place in the custody of; to restore; to re-deliver. “Return: means that something which has had a prior existence will be brought or sent back. Sims v Western Steel Co., C.A. Utah, 551 F.2d 811, 820”- Black’s Law Dictionary 6th Edition
“Performed” and “promised” are in pass tense. Paying before the sex doesn't qualify as commercial sexual activities in the context of the statutes
Gina weighs in.....I have lived and worked in Rhode Island since 2008, and I have spent over 5,000 researching Rhode Island laws, and I am also an activist with the Rhode Island chapter of Coyote. I have presented on these topics at the 5th annual Desiree Alliance conference, and at Rutgers university, and also participated in the 2013 documentary American Courtesans. I also have been a erotic service provider for over 30 years, so I think this makes me an EXPERT on the subject.
The law says you have to agree to a sexual act for something of monetary value (it doesn't have to be cash). It has nothing to do with whether you end up having sex, it is the agreement under which a sex act takes place.
Its not whether the payment is before of after sex, its the AGREEMENT under which the fee was secured. It is legal to charge for your time and companionship as a escort.
IT has nothing to do with whether you pay first or after, it has to do with what the parties have agreed the fee was for.
So if a client asks are you gfe, are you full service, if they ask anything inappropriate, and the women agrees then it becomes prostitution, and a commercial sex act. Any escort in her right mind if NEVER going to answer these types of question nor will she agree that the fee is for anything but her time and companionship. IT's not OK to ask a escort what services she provides because the only correct answer is "my time and companionship".
Rhode Island did not criminalize prostitution until 2009, and the new law say if a person CLAIMS they were forced or threatened, then they can't be prosecuted. I have consulted with 2 attorney over how this is worded and they both agree, that the person does not have to PROVE they were forced or threatened, they simply have to CLAIM it.
If you want to learn more about current laws and history of Rhode Island, please see http://coyoteri.org/index.php or see "Coyote vs Roberts"
Another good source would be esplerp.org
Attorneys cannot give you legal answers to the prostitution laws. They can only give legal advice to keep the person safe and to protect themselves.
Attorneys are there to protect you and your interest. Their job is not to give dangerous advice but advice to keep you safe and protect you.
You can look at them as a parent who doesn’t want you to give you advice on an activity that can expose you to harm. But if person are not expose to the risk and harm, where will be the change.
If Martin Luther King wanted to stay safe and not expose himself to harm, Obama will not be sitting in the White House. Yes, I agree you should not be stupid and not research something before taking action.
If a person want to be on the safe side of the law, then don’t be an escort, or seek escort services.
Do you think an attorney going to risk getting mal practice lawsuit by advising that RI law requires to send back a fee?
If a person doesn’t bring up these theories in court, they are allowing them to do the usual because you have not asking the judge to treat your sick prostitution case. The judges are respecting your right to legal privacy. He cannot diagnose your sick prostitution case without your consent.
I cannot give any legal answers nor can attorney at law. Only the judge can give a legal answer to a federal or state question on the law. If a person believe that they have a sick prostitution case, the person need to ask the judge to diagnose and issue a legal prescription on their case. The judges went to law school to be law doctors.
The attorneys are the physician assistances at the law
ginainthemorning,
I cannot determine how legal sentences works. I cannot give legal advice. I encourage you ask your attorneys for a legal recommendation (advice) how to read this sentence. Does the legal system define "return" as giving something before the act?
Maybe the legal system has a different way of understanding when they use the word "return" in the sentence. It is possible the legal system uses the word "return" to mean not received but given before receiving.
I understand that legal terminology is not necessary the same with common terminology. That why we have legal dictionary. But I have not found a legal grammar book at the law library.
The judges will have to ultimately decide if "return" with the word "fee" afterward is before, during, or after.
If it is not raised in hearing, the judge doesn’t have to decide on this issue. The court can only decide what the parties give it.
If I did not receive the mail, how can I return the mail.
( I receive a kiss from a girlfriend, I return her a thank you card. ) That makes sense.
(I return her a thank you card and receive a kiss. ) That don't make sense. I never receive the kiss so how can I return the thank you card. May be that is true in legal sense.
If a prostitute receive the fee from the client, and return the sex act, that is paying before.
If a prostitute performs the sex act on the client, and the client return the fee, that is paying afterward.
"A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee." -Rhode Island Statutes 11-34.1
Don't require the sex act to be completed or in the middle.
If the person agrees or offer to do the sex act and they understand the fee is return to them, then that is solicitation for sex act in return for a fee.
If the language said that when a person pays a fee or solicit the payment of a fee in return for the sex act, my knowledge tells me that this is paying before
To Gina,
I am sorry for being so defensive
" Prostitution. – (a) A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee. Any person found guilty under this section shall be deemed guilty of a misdemeanor and shall be subject to imprisonment for a term not exceeding six (6) months, or to a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000), or both. " - Rhode Island Statutes 11-34.1-2
(2) "Commercial sexual activity" means any sexual conduct which is performed or promised in return for a fee. – Rhode Island Statutes 11-34.1-1
Rhode Island State Question to a Judge in a sick prostitution case
1. If use “a person” or “person”, then it is one. The statute will mean only two people involved. Since another is placed infront of person. It opens up the possibility of three people.
"another, Additional. A second, extra, one more, supplemental, distinct, different, separate, variant."
-West Legal Thesaurus/Dictionary by Wiilam Statsky
Is there is a threesome requirement in Rhode Island Law?
2. Return means to send back. This section doesn't tell when the sending back occurs. It can occur during the act or after the act. You don't send something back when no act has been committed. It is a crime to solicit to have something return in the act or after the act. It doesn't require the action to be completed.
What does “return” means? Does it mean to give back afterward or during?
3. “which is performed” The word “is” is a linking verb. It is a state of being. The word “performed” is in the past tense. So it is telling me that the return is upon the completion of the action.
4. If no other choice in legal defense, the defendant can use the Federal Rule found in UNITED STATES of America v. Lynnette HARRIS and Leigh Ann Conley 942 F.2d 1125. The US Tax Courts ruled several times this rule exist. The judges fail to answer in their opinion whether or not it is a rule of law.
“If these cases make a rule of law, it is that a person is entitled to treat cash and property received from a lover as gifts, as long as the relationship consists of something more than specific payments for specific sessions of sex.” – UNITED STATES of America v. Lynnette HARRIS and Leigh Ann Conley 942 F.2d 1125
Can you color this rule to apply to escort services
Ҥ 230.00 Prostitution.
A person is guilty of prostitution when such person engages or agrees
or offers to engage in sexual conduct with another person in return for
a fee.” -NY Penal Code 3: M§ 230.00
Ҥ 230.02 Patronizing a prostitute; definitions.
1. A person patronizes a prostitute when:
(a) Pursuant to a prior understanding, he pays a fee to another person
as compensation for such person or a third person having engaged in
sexual conduct with him; or” - NY Penal Code 3: M § 230.02
“Another. Additional. Distinct or different.” – Black Law’s 6th edition
Look “Engaged” is past tense. Read my posting “ Rhode Island Prostitution Laws require pay after sex.” NY Penal Code 3: M§ 230.00 don’t require two girls or pimp special
“Prostitution; definition; penalties; enhancement
A. Prostitution is:
(1) The practice by a person of indiscriminate sexual intercourse with others for compensation.”
-Louisiana Revised Statutes RS 14:82
“Other, adj. Additional; different or distinct from that already mentioned (the other factor).”
-West’s Legal Thesaurus/Dictionary by William Statsky
The word others mean two additional persons to the person mentioned in beginning of the sentence
By that definition, any gal who does screening is not indiscriminate and therefore not guilty of prostitution.
Damn, not you've got me doing this thing.
(still not a lawyer)
Where does the statute say anything about requiring a threesome????????
OFFENSES CONCERNING PROSTITUTION
§82. Prostitution; definition; penalties; enhancement
A. Prostitution is:
(1) The practice by a person of indiscriminate sexual intercourse with others for compensation.
(2) The solicitation by one person of another with the intent to engage in indiscriminate sexual intercourse with the latter for compensation.
B. As used in this Section, "sexual intercourse" means anal, oral, or vaginal sexual intercourse.
C.(1) Whoever commits the crime of prostitution shall be fined not more than five hundred dollars or be imprisoned for not more than six months, or both.
(2) On a second conviction, the offender shall be fined not less than two hundred fifty dollars nor more than two thousand dollars or be imprisoned, with or without hard labor, for not more than two years, or both.
(3) On a third and subsequent conviction, the offender shall be imprisoned, with or without hard labor, for not less than two nor more than four years and shall be fined not less than five hundred dollars nor more than four thousand dollars.
(4) Whoever commits the crime of prostitution with a person under the age of eighteen years shall be fined not more than fifty thousand dollars, imprisoned at hard labor for not less than fifteen years nor more than fifty years, or both.
(5) Whoever commits the crime of prostitution with a person under the age of fourteen years shall be fined not more than seventy-five thousand dollars, imprisoned at hard labor for not less than twenty-five years nor more than fifty years, or both.
D. Any offense under this Section committed more than five years prior to the commission of the offense with which the defendant is charged shall not be considered in the assessment of penalties under this Section.
E. If the offense occurred as a result of a solicitation by the offender while the offender was located on a public road or highway, or the sidewalk, walkway, or public servitude thereof, the court shall sentence the offender to imprisonment for a minimum of ninety days. If a portion of the sentence is suspended, the court may place the offender upon supervised probation if the offender agrees, as a condition of probation, to perform two hundred forty hours of community service work collecting or picking up litter and trash on the public roads, streets, and highways, under conditions specified by the court.
F. All persons who are convicted of the offense of prostitution shall be referred to the parish health unit for counseling concerning Acquired Immune Deficiency Syndrome. The counseling shall be provided by existing staff of the parish health unit whose duties include such counseling.
G. It shall be an affirmative defense to prosecution for a violation of this Section that, during the time of the alleged commission of the offense, the defendant was a victim of trafficking of children for sexual purposes as provided in R.S. 14:46.3(E).
Amended by Acts 1977, No. 49, §1; Acts 1987, No. 569, §1; Acts 1988, No. 666, §1; Acts 1999, No. 338, §1; Acts 2001, No. 403, §1, eff. June 15, 2001; Acts 2001, No. 944, §4; Acts 2008, No. 138, §1; Acts 2012, No. 446, §1; Acts 2013, No. 83, §1.
Other(s)- The "s" makes it plural. The escort who perform sexual intercourse with others and without discrimination meet this requirement.
A. Prostitution is:
(1) The practice by a person of indiscriminate sexual intercourse with others for compensation.”
-Louisiana Revised Statutes RS 14:82
“Other, adj. Additional; different or distinct from that already mentioned (the other factor).”
-West’s Legal Thesaurus/Dictionary by William Statsky
The word others mean two additional persons to the person mentioned in beginning of the sentence.
Other(s) makes it singular OR plural. So one person OR more than one.
Sorry, I put the (s) to make people aware of there is a "s" at the end of others. Please read LA law carefully.
Another room means an additional room. ex. I booked another room for myself and the escort.
Other means distinct from the first. ex. The escort is in other room that I rented. She will spend the night in the other room because I rented.
"Others" mean two or more that is distinct from the first. "with" means accompany by.
ex. The escort spend times with others in the hotel room I rented.
When there is "or" before other. Then it can mean two object or more distinct from each other like "other consideration."
“with prep. 1. In the company of; accompanying: Did you go with her?
2. Next to; alongside of: stood with the rabbi; sat with the family.”
-The Free Dictionary by Farlex
The meaning is "the company of others." Other is the second party that is distinct from the first. Others is two or more parties that distinct from the first party.
A. Prostitution is:
(1) The practice by a person of indiscriminate sexual intercourse with others for compensation.”
-Louisiana Revised Statutes RS 14:82
“Other, adj. Additional; different or distinct from that already mentioned (the other factor).”
-West’s Legal Thesaurus/Dictionary by William Statsky
The word others mean two additional persons to the person mentioned in beginning of the sentence.
"Act" includes a failure or omission to take action.”
-Illinois Revised Statutes 720 ILCS 5/2-2
The word “include” means to contain and exclude anything not mention. Cannon of Construction restrict the interpretation of law to what it says and not to add to the law that is not written.
“ "Another" means a person or persons as defined in this Code other than the offender.”
- Illinois Revised Statutes 720 ILCS 5/2-3
Sec. 11-14.1. Solicitation of a sexual act.
(a) Any person who offers a person not his or her spouse any money, property, token, object, or article or anything of value for that person or any other person not his or her spouse to perform any act of sexual penetration as defined in Section 11-0.1 of this Code, or any touching or fondling of the sex organs of one person by another person for the purpose of sexual arousal or gratification, commits solicitation of a sexual act. – Illinois Revised Statutes 720 ILCS 5/11-14.1(a)
Legal Fictional Story- Prostitution Sting in Crook County
This fantasy story takes place in a hotel room in Crook, County Illinois. The Christian rescue worker decided to book a date with an escort to rescue the escort from sex trafficking.
UNDERCOVER COP: (Knock, Knock) Come in.
RESCUE WORKER: How are you doing? I come in the name of Jesus Christ to help to rescue you out of sex trafficking.
UNDERCOVER COP: Are you going to pay for time and companionship?
RESCUE WORKER: Yes. I will pay. I hope this donation will help you to get out of prostitution.
UNDERCOVER COP: You know you can bend your morals a little. Would you like a B*** Job.
RESCUE WORKER: I will pay you to NOT give me a b*** job. I want to be clear that I am paying NOT to do it.
UNDERCOVER COP: How about FULL SERVICE. Do you know what that means?
RESCUE WORKER: I know these code words because I used to be part of undercover sting operation to bust Johns for soliciting sexual acts from escorts. I used to be an undercover cop. Latter I found Jesus and decided to join the rescue mission to rescue prostitutes and push for laws that punish Johns harshly. You know the Johns are the problem. They are the root cause of the victimization. I am willing to pay for you NOT to perform full service on the condition you listen to my bible teachings.
UNDERCOVER COP: It will be $200. Leave the $200 on the table. I will listen to your teaching after I use the washroom. Go get your bible out of your bag.
TAKEDOWN TEAM: Raise your hands in the air. You under arrest for soliciting prostitution.
RESCUE WORKER: I am not a John. I did not offer to pay for sex. I offer the undercover decoy money to not perform the sex act in exchange to listen to me preaching the bible.
TAKE DOWN TEAM: Put your hand behind your back. You under arrest. Let’s talk about it in the processing room. (Take down officer took him to the processing room.)
RESCUE WORKER TO PROCESSING OFFICER: I cannot understand how I committed a crime. I offer the undercover decoy money for NOT perform the sex act. My intention to coming here was not to have sex but to save the escort from human trafficking. I belong to the Christian organization that rescue prostitutes and push for laws to increase the penalty for Johns who pay for sex.
PROCESSING OFFICER: You must not off read the Illinois Revised Statutes. Soliciting Prostitution Services which is called “Solicitation of sex act” is offering or agreeing to pay for NOT performing sex act. Since you did not read the statute carefully, that is how you got into trouble.
RESCUE WORKER: I used to be a cop and they never explain this to me. I got the information.
PROCESSING OFFICER: It is your responsibility to read the statutes. Ignorance of the law is no excuse. In Illinois it is a Class A misdemeanor pays someone to get out of prostitution. You going into the slammer with all the good people. Tomorrow you will be able to talk to the judge in Chicago and he will set your bail.
RESCUE WORKER: How this happens? What part of the law I did not read? My understanding was opposite.
PROCESSING OFFICER: Illinois Revised Statutes 720 ILCS 5/2-2. Let me give you a quick lesson about this county. Welcome to Crook County, Illinois. The crook walks free and the good person go to jail. We have to lock you up at the city jail tonight for doing the right thing. The right thing was helping someone to get out of prostitution by paying them NOT to perform the sex act
“"Prostitution" means engaging in or agreeing or offering to engage in sexual conduct under a fee arrangement with any person for money or any other valuable consideration.” – Arizona Revised Statutes 13-3211.5
“ arrangement (Ordering), noun adaption, arraying, collocation, compositio, composition, conformation, formation, method, regularity, schematism, systematization, uniformity
arrangement (Plan), noun conception, concoction, contrivance, course of action, ground plan, layout, master plan, method, outline, program of action, schema, scheme, system
Associated concepts: arrangement for the benefit of creditors? ”
–The Free Dictionary by Farlex
“Arrangement with creditors. A plan of the debtor for the settlement, satisfaction, or extension.”
-Black Law’s Dictionary 6th Edition
“Arraign. In old English law, to order, or to set in order; “
-Black Law’s Dictionary 6th Edition
Comment
I cannot find the word arrangement on black law’s dictionary. The closest I found is “Arrangement with creditor.” Pay attention to the word UNDER. That mean you must be in debt and under a payment plan that requires multiple payment
If I had known that this kind of arrangement was illegal, I would have just gone to the local cash for title store and pawned my wife's car instead!
It is possible to have 3 persons involved. The client offer to pay other person for a sex act. The person who was offered pay for the sex was offended. A third party who watching is offended. It is attempting a lewd act. If the sex act happens and a third party saw it, it can be a still a lewd act because a third person was offended. I am not going to waste my mind to reason this one out. I leave this up to the legal community to figure this one out.
I am going to go one something that is easier for my mind to reason. The client pays the provider to perform lewd acts. The lewd acts offend more than one person. Since there are 4 people involved, the act is commercial.
Two people who do it in private is noncommercial. If two people do it in public and no one sees it, it is attempting commercial activities.
Three people or more doing it together is commercial regardless private or public.
“Laws prohibiting or regulating prostitution and activities facilitating or otherwise related to prostitution have been enacted in order to outlaw commercial sexual conduct.”
-73 C.J.S. Prostitution and Related Offenses § 1
Latin maxim expressio unius est exclusio alterius "... a maxim of interpretation meaning that the expression of one thing is the exclusion of the other. When certain persons or things are specified in a law, contract or will, an intention to exclude all others from its operation may be inferred. In this case, the reference to the assignment to a financial institution excludes assignment to any other entity." – From Duhamine.com Legal Dictionary
“ Inclusio unius est exclusio alterius. The inclusion of one thing is the exclusion of another.” - From free legal dictionary in the definition “include.”
The Cal. Penal Code 647(b) did not use “include but not limited to” or “including” in the language so the section only address lewd conduct.
By the Cannon of Construction, this statutes only restricted to lewd acts.
“ In statute declaring that person is guilty of disorderly conduct who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to public or exposed to public view, terms “lewd” and “dissolute” are synonymous, and refer to conduct which involves touching of genitals, buttocks or female breast for purpose of sexual arousal, gratification, annoyance or offense, if actor knows or should know of presence of persons who may be offended by his conduct; disapproving language of People v. Deyhle, 76 Cal.App.3d Supp. 1, 143 Cal.Rptr. 135 and previous decisions inconsistent with opinion. West’s Ann.Pen.Code, §§ 286, 290, 311.6, 314, subd. 1, 415(3), 647(a).”
- Pryor v. Municipal Court, 25 Cal.3d 238 (1979)
-- Modified on 10/12/2013 1:00:27 PM
-- Modified on 10/12/2013 1:06:13 PM
-- Modified on 10/12/2013 1:58:42 PM
“JUSTICE KENNEDY delivered the opinion of the Court.
Liberty protects the person from unwarranted government intrusions into a dwelling or other private places. In our tradition the State is not omnipresent in the home. And there are other spheres of our lives and existence, outside the home, where the State should not be a dominant presence. Freedom extends beyond spatial bounds. Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The instant case involves liberty of the person both in its spatial and more transcendent dimensions. “
- LAWRENCE V. TEXAS (02-102) 539 U.S. 558 (2003) 41 S. W. 3d 349, reversed and remanded.
Police officers cannot come to purchase escort services from an escort in a hotel room, motel room, or home without a warrant. The warrant must have a probable cause affidavit of a crime committed attached to it.
Police officers cannot come to sting Johns in hotel room without a warrant. The court is clear that “dwellings” and “other private places” are protected from unwarranted government intrusion. Government occupying private dwelling without a warrant is a violation of the liberty defined in Lawrence v Texas and secured by the 14th amendment.
This decision is about 10 years old. I don't think people realize this right before I said something.
This decision define "liberty" that is found in the fourteenth amendment. One of the liberties we have is to go to a private dwelling or be in our own private dwelling with no unwarranted intrusion by the government.
You have the constitutional right to go to an escort session without government listening in your conversation, undercover officer posing as an escort, or videotaping you.
If they want to do such things, they need a warrant from a judge
As you often do you expand a meaning as settled when it wasn't the issue in the case.
Of course I agree Lawrence vs Texas is great but it only applies to sodomy law in Texas, and many courts have rejected it as to prostitution.
It will need to be tested as to prostitution law at the Supreme Court and today with more "Bush" Supremes the Court would probably rule the opposite since the balance has switched from the 5-4 decision in Lawrence.
However it should be attempted and various state laws like in Arizona, can be attacked on additional basis.
But few companions have $100K needed in legal fees to fight a case, have to Appeal and ultimately perhaps back to the Supreme Court. Best hope is in another 5-10 yrs will have some more liberals on the Court so Lawrence might be won again related to sexwork.
Further there was no "commercial sex" in Lawrence. 2 guys as gay friends had anal sex in violation of the Texas sodomy law. That was determined to be unconstitutional.
The paragraph you state is key in the fight but again this was a 5-4 split decision by a more liberal Court than we now have.
“ {¶ 3} In his single assignment of error, Green contends that because the solicitation statute is unconstitutional, the trial court erred by denying his motion to dismiss the solicitation charge. Green argues that the liberty component of the Due Process Clause protects the act of consenting adults engaging in sexual activity for hire; i.e., prostitution, and, therefore, the solicitation of another adult to engage in prostitution is a fundamental right that may not constitutionally be prohibited by the state. We are unpersuaded. “
- State v Green 989 N.E.2d 1088 (2013)
“{¶ 5} R.C. 2907.24(A) provides that “[n]o person shall solicit another to engage with such other person in sexual activity for hire.” -State v Green 989 N.E.2d 1088 (2013)
The defendant may not know that Ohio prostitution law require soliciting a two person to engage in a threesome to be a crime. What happen in State v Green, the defendant pleaded no contest to the charges. By pleading no contest, he admitted to soliciting for a threesome. He only challenged Ohio prostitution law on the grounds it violate his constitutional rights under Lawrence v Texas. He did not raise his constitutional right to purchase sex work.
Sex work and prostitution are two different types of activities. Sex work involves only two people. Prostitution involves three or more persons.
The appeals court cannot give him the constitutional right under Lawrence v Texas because Lawrence v. Texas does not involve prostitution. In Ohio, Lawrence v Texas doesn’t apply to paying for a threesome.
A problem arises when someone challenge the prostitution statutes using Lawrence v Texas is that they don’t contest they are not engaging in prostitution and there was no threesome in the act they are seeking remedies. If they were charged with a crime of prostitution, they did not refute the threesome in states that requires threesome in their prostitution law. By saying they understand the charge, they are agreeing that they solicited for a threesome. The word “understand” means “under” and “stand.”
Lawrence v Texas involves two consenting adults in private to engaging in sex acts that is common to homosexual lifestyle; bl** job and anal intercourse. It doesn’t involve threesomes or threesome for pay; prostitution.
The courts cannot give the remedy under Lawrence v Texas to a person engaging in prostitution; threesomes or group sex for pay. In Lawrence v. Texas, the Supreme Court state that it doesn’t involve prostitution. The courts can only give remedy under Lawrence v Texas to two consenting adults engaging in private sex act.
A person engaging in sex work for pay is eligible to receive remedies under Lawrence v. Texas.
A federal question is “Do Lawrence v Texas covers SEX WORK (not prostitution) in private with reasonable restriction?” Reasonable restriction is the city, town, or county power limits the amount of clients the sex worker can serve in a day.
The constitutional right to engage in sex work has never been challenged using Lawrence v. Texas up to this time.
Of course I agree Lawrence vs Texas is great but it only applies to sodomy law in Texas, and many courts have rejected it as to prostitution.
It will need to be tested as to prostitution law at the Supreme Court and today with more "Bush" Supremes the Court would probably rule the opposite since the balance has switched from the 5-4 decision in Lawrence.
However it should be attempted and various state laws like in Arizona, can be attacked on additional basis.
But few companions have $100K needed in legal fees to fight a case, have to Appeal and ultimately perhaps back to the Supreme Court. Best hope is in another 5-10 yrs will have some more liberals on the Court so Lawrence might be won again related to sexwork.
Further there was no "commercial sex" in Lawrence. 2 guys as gay friends had anal sex in violation of the Texas sodomy law. That was determined to be unconstitutional.
The paragraph you state is key in the fight but again this was a 5-4 split decision by a more liberal Court than we now have.
Doesn’t matter if it is prostitution or not. The Lawrence v Texas decision defines “liberty” in the 14th amendment. I am using the definition of liberty in Lawrence v Texas. Not to extend it to legalize prostitution.
Police need a warrant to intrude onto private dwelling or other private places.
Yes. Lawrence v Texas didn’t legalize prostitution. Prostitution is what the state law defines it as. I expose some state define it as threesomes while other states define it as paying latter or both.
They can still enforce the state’s prostitution laws on the condition that it meets the definition of prostitution in the state statutes. Police can still do prostitution sting with a warrant. If they don’t, they are violating the 14th amendment.
”Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” – 14th amendment
The constitutional right is given by the US Supreme Court in Lawrence v Texas to no government intrusion in dwellings and other private places. The only way the government can take away this right is by due process of law; a warrant.
Police need a warrant to intrude onto private dwelling or other private places.
Yes. Lawrence v Texas didn’t legalize prostitution. Prostitution is what the state law defines it as. I expose some state define it as threesomes while other states define it as paying latter or both.
They can still enforce the state’s prostitution laws on the condition that it meets the definition of prostitution in the state statutes. Police can still do prostitution sting with a warrant. If they don’t, they are violating the 14th amendment.
”Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” – 14th amendment.
DAVEPHX, I hope you will get to sit with your attorneys in the Supreme Court in a case involving escort services within 10 years. .I post it on other hobby boards and would like to share it with you for a good laugh.
“ “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”- 10th Amendment
“ The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.” – 11th Amendment
“Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” -14th Amendment
Since I mention 42 USC 1983 in other hobby boards, let me make it less dangerous. The State of ________________ cannot be the party in the lawsuit because they are not a “person” eligible to be sued under this statute. Also the 11th amendment of the US Constitution gives the State immunity from original action in Federal Court.
The fake porn actors who operate the color of the prostitution laws are eligible under these statutes. They are subject to the Federal Court jurisdiction. But you must be a damaged party. Just because you don’t like a statute doesn’t give you the right to sue. To have standing, you must be arrested, beaten, or injured.
You are subject to the corporate United States just as the fake porn actors and fake pimps who operate under the color of prostitution laws. “Operate” means to be in commercial activities. They made a porn video of you getting stringed in an escort appointment WITHOUT A WARRANT. If you are a sovereign citizen, you most likely are not eligible for 42 USC 1983. This is a privilege to the corporate slave.
Before the 14th amendment, a person CAN ONLY take this type of case to state court because the 10th Amendment of the constitution block any action against state actors in federal court.
The 14th amendment is an amendment that allows a person to by-pass this 10th amendment state sovereignty. The Federal government allows giving privileges or immunities to the citizens of United States. We became a corporate slave under the 14th Amendment that is subject to the United States Corporation.
The 10th amendment can be by-pass easily under the 14th amendment and civil rights law. The Federal Courts is allowed to review state and local laws to see if they are in line with the Federal Bill of Rights. They can strike down the state law and by passing the 10th amendment of the US Constitution by putting an injunction against the fake porn actors and the fake pimp.
Once you file the lawsuit, you must be prepared to file motions, discovery, and other legal pleading. Don’t do it until you know what you are doing. Don’t waste the court’s time. If you don’t know what you doing and you have a case, then seek an attorney.
If you get dismissed and you want a shot, you have to prepare to appeal the case to the appeals court.
If you raise a case about independent escort services, you may have a chance to appeals to the US Supreme Court.
If your case gets selected by the Supreme Court, you get to ask the Supreme Court justices what they think about independent escort services.
Your actions in federal court may help to erode state’s sovereignty. You can help the states to be one with the United States Corporation which will merge into the world government. The justices may sneak something into their opinion that gives the federal government more tyrannical power through the 14th amendment. **** state’s sovereignty and the 10th amendment. That why you don’t have the right to escort services.
42 USC 1983 is not for every case. You have to evaluate if it is appropriate for your case by reading case law and statutes. Don’t go half cock.
Just remember you are not going to receive all the federal goodies by being a sovereign citizen.
Disclaimer
This is not legal advice. This is legal theories for a good laugh and entertainment.”
Of course I agree Lawrence vs Texas is great but it only applies to sodomy law in Texas, and many courts have rejected it as to prostitution.
It will need to be tested as to prostitution law at the Supreme Court and today with more "Bush" Supremes the Court would probably rule the opposite since the balance has switched from the 5-4 decision in Lawrence.
However it should be attempted and various state laws like in Arizona, can be attacked on additional basis.
But few companions have $100K needed in legal fees to fight a case, have to Appeal and ultimately perhaps back to the Supreme Court. Best hope is in another 5-10 yrs will have some more liberals on the Court so Lawrence might be won again related to sexwork.
Further there was no "commercial sex" in Lawrence. 2 guys as gay friends had anal sex in violation of the Texas sodomy law. That was determined to be unconstitutional.
The paragraph you state is key in the fight but again this was a 5-4 split decision by a more liberal Court than we now have.
The Court further explained that the liberty component of the Due Process Clause protects persons from unwarranted government intrusions into a dwelling or other private places and also protects other spheres of our lives and existence, outside the home, where the State should not be a dominant presence. 109 The Court affirmed that “Freedom extends beyond spatial bounds. Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The instant case involves liberty of the person both in its spatial and more transcendent dimensions.”
-Pg. 986 RUTGERS LAW JOURNAL Vol. 37:971 “THE RIGHT OF PRIVACY IN STATE CONSTITUTIONAL
LAW” by Jeffrey M. Shama