Possible Scenario to Avoid LE (suggestions, comments, modifications greatly appreciated)
She: Posts profile on Yahoo, AOL, MSN indicating Escort as profession (not sure about postings on TER or similar)
He: Sends email or IM indicating interest
They: Have a series (one to infinity) of communications discussing anything and everything EXCEPT $.
He: Suggests they meet for a date at a particular day and time
She: Suggests a specific motel
He: Offers to bring alcohol, catered dinner with accompanying violins, etc.
She: Describes her mode of transportation and suggests they meet in parking lot or coffee shop or...
He: Reciprocates and confirms
They: Meet at the agreed time and place and decide that they both like (accept) what they see
He: Secures a room at the motel
They: Spend time together discussing the situation in the Middle East, regeneration of protoplasmic antibodies or whatever else two consenting adults would like to do together
At the end of their time together...
He: Creates a lovely piece of origami using hundred dollar bills, or
She: Suggests he make a donation to the National Endowment for the Arts of which she is a fund raiser or
They: Play Rock Paper Scissors for an agreed cash prize
They: Agree to meet again or
They: Agree not to meet again
They: Both know the other is not LE and even if they were have they broken any laws?
Of course they have broken the law. Exchanging sex for money (or money for sex) is a crime no matter how hard the participants try to make it look like that's not what is happening.
How did they break the law unless a verbal agreement exchanging sex for money? There was not mention of an exchange. He is simply donating for her time. As long as they are consenting adults and her free will.
A verbal agreement is not required. The definition of prostitution involves an exchange of money or something else of value for a lewd act (not necessarily intercourse). The concept of an express agreement is not part of the definition. Naturally, there will almost always be at least an unspoken understanding by both participants ahead of time, but the exchange doesn't become legal simply because no one is talking about it.
Imagine a streetwalker standing under a lampost dressed in a way that clearly conveys why she is there. A man walks up to her and flashes a couple of hundred dollar bills. She takes his hand and leads him to a room, where they have sex and he leaves the cash. This was an exchange of sex for money regardless of the fact that there was no discussion.
The idea that he is simply donating for her time won't persuade any sensible juror. I just took a look at your site and you're quite lovely, but honestly why would a stranger donate $350 for an hour of your time if he didn't expect sex? I know a lot of attractive women who might be willing to be an escort in the literal sense of the word, showing men around an unfamilliar city or just keeping them company, but none would be worth anything like the money you ask and no man would offer such an amount merely for her company. If you ask for that kind of money, we all know why. If a man responds by giving you that kind of money, we all know why. The fact that the same web site which states the requested amount is filled with nude and semi-nude photos of you makes it even more clear what your "donor" can expect. Clever disclaimers really don't do any good.
Legally, the fact that both parties are acting on their own free will doesn't matter, either. It should, but it doesn't. The definition of prostitution never included an element of force or coercion, and it was always presumed that the parties were doing what they did willingly.
And I don't mean to suggest that you are comparable to a streetwalker in any way. It's just the first useful example that came to mind.
Unfortunately it looks like your attempt to purchase VIP membership has failed due to your card being declined. Good news is that we have several other payment options that you could try.
VIP MEMBER
, you are now a VIP member!
We thank you for your purchase!
VIP MEMBER
, Thank you for becoming VIP member!
Membership should be activated shortly. You'll receive notification!
