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Another dumb question
rodmewell 12 Reviews 13413 reads
posted

Can we put these stupid questions to rest once and for all?  the Penal Code, Section 647(a) through (k) should be required reading for posters with this type question.  647(b) defines an act of prostitution as "any lewd act between persons for money or other consideration."  That should be clear enough for even the newest posters.

There is no clever way 'round or, as someone wrote, some clever motion by an attorney, to get past the truth: the hobby is illegal conduct.  Period.

Will it always be?  Not after last week's Supreme Court decision in my opinion.  Next working girl I defend, I would argue that the law is based on a moral judgment and, as such, is unconstitutional pursuant to Lawrence v Texas (the sodomy case).  That's also true of polygamy, incest and everything else.  But we're not there yet.


-- Modified on 7/4/2003 4:25:51 PM

MisterGuy15453 reads

Is paying for a HJ illegal? Technically, it's still a massage I thought.

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biker200114676 reads

And according to a former President a BJ is not sex, but I wouldn't try using either theory as a defense in a court of law!

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rodmewell13414 reads

Can we put these stupid questions to rest once and for all?  the Penal Code, Section 647(a) through (k) should be required reading for posters with this type question.  647(b) defines an act of prostitution as "any lewd act between persons for money or other consideration."  That should be clear enough for even the newest posters.

There is no clever way 'round or, as someone wrote, some clever motion by an attorney, to get past the truth: the hobby is illegal conduct.  Period.

Will it always be?  Not after last week's Supreme Court decision in my opinion.  Next working girl I defend, I would argue that the law is based on a moral judgment and, as such, is unconstitutional pursuant to Lawrence v Texas (the sodomy case).  That's also true of polygamy, incest and everything else.  But we're not there yet.


-- Modified on 7/4/2003 4:25:51 PM

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sw578911414 reads

The question must then be: what is the definition of "lewd"? Is a hj considered "lewd" under the law?  If this is illegal how do these girls get away with websites and such? Plannning onseeing a provider soon; I may be getting cold feet. You can get a hj at the Nevada bordellos for the same price where it is totally legal.

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rodmewell14267 reads

If you don't think the DA and the criminal law believe and define an HJ as a lewd act, are you smoking something?  Do you seriously think a hand job from a prostitute is not a lewd act?  If that is your considered opinion, you cannot be rationalized with.

All these linguistic attempts to say A is not really A are simply BS.  It is simply not arguable.  The "hobby" is a criminal act with two participants.  It's not a felony like rape or murder but it's above a moving violation or other infraction.  It's a misdemeanor!  Surprise!

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sw578914641 reads

No, not smoking anything. Just wondering what the regulations define as "lewd". The term must be clarified or the law is void for vagueness. Do I consider a hj from a prostitute a lewd act? Not if done so in a legal brothel. I a hj from a woman who is not a prostitute a lewd act?

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sidone13275 reads

A hand job is a lewd act within the meaning of the law.  I don't have time to research a citation for you, but this is well established.  

And yes, a hand job for free is also a lewd act.  The law doesn't prohibit lewd acts outright, it only prohibits paying for them and performing them in exchange for money.

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Girl Next Door10833 reads

"The law doesn't prohibit lewd acts outright, it only prohibits paying for them and performing them in exchange for money."

And performing them in public, right?  :-)  Mmmm, a bbj in a glass elevator can be thrilling!

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Snowblind13993 reads

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papercup11560 reads

A BBBJ in an elevator, glass or not, is a treasured fantasy of mine.  Got to try that one day!

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sw578913724 reads

Federal Reserve notes, though legal tender, are not lawful "money", (though no govt judge/attorney will ever admit to this)and thus must be classified as "other considerations". This term is also vague and can open a huge umbrella which could include anything they (govt) want it to...what are "other considerations?"....if you agree to help a girl move or fix her car in exchange for sex, is this a crime?? does the recompense haveto occur within a specified time frame? What if a girl agrees to sex with you in exchange for a favor you did three weeks three months or three years ago?? What exactly are "other" considerations??? Dinner and a movie? A new outfit? Fixing her car? A committed monogomous relationship? Love?

I am pointing out the absurdity of this law and how anything can fit under this definition. A fully informed jury can and should vote for acquittal in manyof these cases. Sadlywe have very few fully informed juries. It is the jury's power to tell the judge and govt. to take a flying leap...no juror has ever been prosecuted for voting their conscience.

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LLoki12592 reads

What Penal Code are you citing?   Seems to me you're assuming all laws are identical in all locations.


For Example in Texas:

§ 43.02. Prostitution

(a) A person commits an offense if he knowingly:

(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or

(2) solicits another in a public place to engage with him in sexual conduct for hire.

(b) An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a person to hire him or offers to hire the person solicited.

(c) An offense under this section is a Class B misdemeanor, unless the actor has previously been convicted one or two times of an offense under this section, in which event it is a Class A misdemeanor. If the actor has previously been convicted three or more times of an offense under this section, the offense is a state jail felony.

DEFINITIONS of terms used above:

§ 43.01. Definitions



In this subchapter:



(1) "Deviate sexual intercourse" means any contact between the genitals of one person and the mouth or anus of another person.

(2) "Prostitution" means the offense defined in Section 43.02.

(3) "Sexual contact" means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person.

(4) "Sexual conduct" includes deviate sexual intercourse, sexual contact, and sexual intercourse.

(5) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.

This seems to imply that:


"... is paying for time spent in my company and is not an offer of prostitution of any kind."  Is probably a good defense.

But asking for tips to do certain things.... or rules connected to the fee would pretty much be an offense.   So be vague.... I would say... The fee is for the time... Remember no means no :) and just do it.



Related Link: http://www.capitol.state.tx.us/statutes/pe/pe0004300.html#top

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IMSerious11814 reads

A footjob is not illegal.  I guarantee it.  Next time you see a female cop, ask her if she'll use her feet to "relax" you and wink, slowly, twice.  Then hand her a twenty.

Please let me know how it all works out.  If the experience isn't everything you hoped, I'll refund your twenty.

Seriously.

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j_s10860 reads

It depends on what state you are in.

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