Legal Corner

Would a private club be legal?
Dr. OBGYN 11891 reads
posted

There is a swingers club in the Valley that has been leasing a building in a semi commercial – semi industrial area.  Apparently the club has outgrown the facility and is moving to a new location.  The present club is set up like a cocktail lounge.  You have to be a member to get into the club, plus pay a fee at the door and pay for drinks, etc. like you would in any other bar.  The swingers meet in the club on the weekends and swap partners.  There are “play room” to accommodate the sessions.  

I wonder if a private club was formed for provider and hobbyists and used a private facility like the one the swingers club uses, would it be still be subject to the prostitution laws.  If the members met at the club, got together for a session, and the provider was paid, would it be illegal?

sidone9106 reads

Paying for sex is paying for sex, no matter how hard people try to disguise it as something else.

Swingers clubs are legal because they don't provide sex for money.  All they do is create an environment in which people can find partners for consensual, unpaid sex.  Presumably they don't arrange sex in exchange for the entry fee, and presumably no one receives money for agreeing to have sex.  These distinctions are why their club is legal and your proposed club would not be.

Dr. OBGYN9526 reads

I realize that the exchange of money for sex is prostitution.  However, the exchange of money would be between the hobbyist and the provider.  The club would have nothing to do with the exchange of money.  Do you think LE would go to the trouble of having a member sponsor them into the club; withstand the back ground check; and pay the membership dues in order to make a single arrest of an independent provider?  I know no one can answer that question with certainty except LE, but it seems to me that they wouldn’t go to that much trouble just to make a single arrest for prostitution when the transaction is conducted in private.  I can understand LE going after the club if it became too high profile, and/or complaints were filed with LE against the club.

Let's see.

You state the club would be for provider's and hobbyists to get together.

Try telling the jury that the purpose was backgammon, not sex for money.  Good luck and let us know when visiting days are.

sidone10097 reads

I think you're forgetting some salient facts.

You write "it seems to me that they wouldn’t go to that much trouble just to make a single arrest for prostitution when the transaction is conducted in private".  But most hobbyists and providers conduct their transactions in private, and everyone knows that the police are interested in putting a stop to this.  Even you clearly know this, since it is the very problem your club idea was supposed to address.

Your reference to "a single arrest" is another assumption I would not make.  A club like the one you describe would be full of arrestable people and the police would have plenty of incentive to get one of their own inside (the club, that is).

I thought your question asked whether the sex which took place at the club would be illegal, but this post suggests that your real question is whether operating the club would be legal.  The answer is still no, since the operators would be operating a house of prostitution and would be guilty of pimping and/or pandering.

Imagine if someone opened a club like the one you describe and only charged admission, but designed it for drug users and dealers rather than hobbyists and providers, and that it also included an area where members could use the drugs they had purchased.  I think you will agree that the club could not insulate the people inside from the law or from the scrutiny of the police.  You will probably also agree that police would be eager to set up a sting inside, since they would be able make arrests en mass instead of one by one.  The same is true of your proposed clubs for hobbyists.

... some people agree to get together indoors and charge admission to do it!

GaGambler10352 reads

Unless you plan on opening in one of the smaller counties of Nevada, it would most definitely be illegal. What you are describing, is a brothel plain and simple.

foo11855 reads

As other posters have said, your proposed club would not be legal.

A tale:
A few years back in CA, there was a couple that founded a "religion".  Part of the ceremonies of their religion was to have sex with the high priestess.  Practitioners of the religion would leave a tythe at the door, and then participate in the religious activities.

The couple was arrested and convicted under prostitution laws.

If they can't hide behind the 1st ammendment freedom of religion to run a brothel, your club has no chance.

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