PROBLEMS FOR DISCUSSION

1. You are a hobbyist. After leaving a location which, unknown to you, police have under surveillance for suspected vice activity, you are pulled over. An officer demands to know what you were doing at the location, and who you were doing it with. Threats are made to notify your family members or employer if you do not answer.

What should you do/say?

Above all, be polite. Under these circumstances, the police have no evidence of a crime unless you give them some. If asked for identification, provide it. Do not give the officer a fake name, as doing so will provide independent grounds for arrest. (Penal Code 148.9.) If issued a traffic citation, sign it.

After showing your ID and/or signing any citation, politely ask, "Am I free to leave now?" Police often claim people "voluntarily" talked to them when the individual mistakenly thought he had to answer questions or be arrested. It's more likely that you will be arrested because you answered questions . If there is a trial involving a provider, you may end up being subpoenaed to testify. Your identity and testimony will become public if you are forced to testify.

If the officer says you are free to leave, wish the officer a pleasant day and do so at once. If you are told you are being detained or arrested, immediately ask to contact a lawyer. Do not wait for the officer to read you your rights before asking for a lawyer. The false idea that "they can't do anything to you unless they read you your rights first" is a myth. See "what to do if you are arrested" below.


2. You are a provider. You place a newspaper or website ad reading, "call lollipop for a girlfriend experience" and listing fees expected for given amounts of time.

What is it safe to say in an ad?

Avoid saying or implying that you will perform particular sex acts for the fee, because that would be illegal solicitation. Wording in your own ads could be used as evidence at a trial. To be avoided are obvious referenced to sex acts, including code words like "full service" and "G+**k" . These are widely understood to mean particular sex acts. Vague terms like "girlfriend experience" are not necessarily foolproof, either. Remember it is not a crime to provide companionship or entertainment, but it is a crime to offer to exchange sex acts for money.

3. You are called on a cellphone by a man responding to your ad. The caller gives his name as Jonathan and asks to meet you at a local hotel room.

a. What is it safe to say on the phone, and what isn't?

b. You arrive at the hotel room, and Jonathan answers the door. What should you do/say and not do/say at the door? Should you ask, "are you a cop?"

c. Once inside the hotel room, Jonathan sets a sum of cash on the table. Unknown to you, Jonathan is an undercover vice officer. You remove your clothing, and Jonathan places his right hand on your breast. With his left hand, he pulls out a badge and says you are under arrest. What should you do/say?

Avoid mention of sex acts at any time. If asked questions like "how much for a *******?" , "can I get Greek for $50 extra?" or "what can I expect for my money?" assume you are talking to a police officer. Hang up the phone. If you are in a hotel room, make it clear that your fees are for entertainment / companionship only, not for sex. Make it clear you will leave if that's not OK. Follow your instincts - if it doesn't feel right, leave.

Jonathan's calling from a hotel on a cellphone is a red flag, especially if it's a local cell number. Ask for the hotel phone, check the directory to make sure it's the real number for the hotel, and call the room. If Jonathan won't give you the number to his room, hang up. Follow your instincts - if it doesn't feel right, leave.


Despite all precautions, the reality here is that once you show up at the hotel, "Jonathan" can probably justify an arrest. Whether that arrest will stick is another question entirely. Remember you can beat the case even if you don't beat the ride. See "What to do if arrested" below.

Do not ever ask "are you a cop?" This means you know you are doing something illegal. The police do NOT have to tell you they are police, or tell the truth to you about anything.

A smarter move is to ask to see Jonathan's ID at the very beginning. An officer never show you his personal ID. If "Jonathan" says he's visiting from afar, ask to see proof like an airline ticket, baggage check or something with an out-of-town address. Again, an officer will not have such proof - and won't have any baggage, either. He may have plenty of lame excuses why he doesn't, of course. Follow your instincts - if it doesn't feel right, leave.

Asking someone to expose their private parts or to disrobe does not provide insurance against a bust. Follow your instincts - if it doesn't feel right, leave.


3. You agree to do a massage or a strip tease or to perform sex acts with another person while Jonathan watches but does not participate. Is that illegal?

Neither dancing, strip shows nor sex shows in which the customer does not participate violate laws against prostitution - no matter how "lewd" they are. "Massage" not involving touching of genitals for sexual stimulation is also not prostitution. Giving massages without a license may violate other non-criminal laws and regulations, however.

4. You agree to set Jonathan up with the services of Lulu, an old girlfriend from school who wants to break into the escort business. You agree with Lulu that she will give you a cut of the fees paid by Jonathan. You won't participate. Is that illegal?

VERY! Not only is inducing another person to engage in prostitution and/or taking a cut of fees earned by another person's prostitution illegal, it amounts to felony pimping and pandering. As explained above, this is a "big time" felony charge that carries a mandatory prison term. Avoid doing anything that could be interpreted as pimping and pandering at all costs.