Let's say you go to a MP and pay for the half hour massage.  The girl tells you she thinks you are cute and a sexual act takes place.  You then leave a tip.  From my research, this is not a law violation in California.  The law 647b CPC specifically states that "one must manifest an acceptance of an offer or solicitation to so engage in a sexual act."  In California you must have the elements of the crime to be convicted. The above senario does not. There was no offer or solicitation or discussion of a sexual act, therefore, no violation of law.

It would be hard to see how the bust would occur, since if the girl had sex with you she is not LE.  Similarly, it would be hard (if not impossible) to prove the situation you describe, unles you are the one testifying to it in your defense.

If that's the case, you have gone to far in the system already, because you don't want to get to the testimony stage.

However, accepting the hypo, there is enough to establish the offense, both for arrest and for sufficiency of evidence to convict.

Intent, and other mental states, are always inferred from the circumstances surrounding the acts.  If someone goes into a massage parlor, the jury could infer he is seeking sex.  If he pays for it and get sex, that is enough for the jury to find an offer and acceptance. Just because a girl says the guy is cute, that doesn't negate the rest, massage parlor or not.

It is all a question of fact which is for the jury.

This is not a question that is unique to this area, but runs through all of law.  Someone is shot in the head, and the defendant says, "I didn't mean to kill.  I was just handling the gun and it went off."  

If the jury believes him  he gets off. If half the jury believes him (which is Phil Spector), he get a re-trial.  If the jury doesn't believe him, he goes to prison.

It is all a question of what the jury believes.

Sorry.

If LE pops in, finds your trousers draped over a chair, and see a bunch of Jacksons stuffed in a side table, your ass is grass.

Now you may find a good lawyer who can persuade a juror that technically your never, blah, blah blah; but let's face it, the real damage has already been done.

(still not a lawyer)

Mr Fisher, you may not be a lawyer (I am, though not a criminal shyster), but you tend to give really good, practical, common-sense advice, which in the real world is what counts.

Thanks

In case anyone still thinks that you can avoid an arrest by not saying anything explicit or by being cutely vague, I just ran across the first arrest and conviction of Michele Michaud, who is currently on death row at Chowchilla in California.  Before she got into murder as a pastime, she used to work out of a massage parlor.  

Her first arrest occured when a cop came in, paid the house rate, got undressed and lay on the table.  He said something about how he just won $250 at the races, which he didn't want to take home to his wife.  Michele looked at the ceiling and asked how much he thought the fan cost, to which he replied $80.  She said it was a reasonable price, and that conversation constituted the offer and acceptance.