Legal Corner

Scenario #2
cantbetoocareful 4178 reads
posted
1 / 14

Do you know what the legal risk is for a screener? Three scenarios...

1) The screener takes the initial call and sets the appointment.

2) The screener is given the clients info by the provider to verify but never actually communicates with the client.

3) The screener takes the intial call, verifies client and then passes it on the the provider and the provider sets the appointment.


Thanks,
Ms. Can'tBeTooCareful

marikod 1 Reviews 3735 reads
posted
2 / 14

and conspiracy to engage in the various prostitution laws of your state for starters. Then loook at the living off the proceeds of prostitution and similar statutes.


   There is no defense of "I was just a screener" if your actions fall withihn these statutes.

Legal_Beagle 4021 reads
posted
3 / 14

Posted By: cantbetoocareful
Do you know what the legal risk is for a screener? Three scenarios...

1) The screener takes the initial call and sets the appointment.

2) The screener is given the clients info by the provider to verify but never actually communicates with the client.

3) The screener takes the intial call, verifies client and then passes it on the the provider and the provider sets the appointment.


Thanks,
Ms. Can'tBeTooCareful

Tessen 23 Reviews 3541 reads
posted
4 / 14

If the screener is an independent contractor how is this different from the various background check companies out there that a provider could well use? Or are you saying any of those could also be charged?


-tessen

Legal_Beagle 4696 reads
posted
5 / 14

Legal risk for a screener? Three scenarios...

Here is a little more detailed answer.

Well to start, how do we define screener? I would assume this is the person who checks that the hobbyist is legit and arranges the tryst. How they do this and if they actually do screen is problematic. When there is cash in the chute, most people grab it and let the rest fall where it may. But let’s assume that is the definition and we have a functional screener.

To really go outside of legal theory we would have to go directly to cases where the LE came into an agency and see who they went after. My knowledge is that they usually go after the corporation, which means the owners, and after the escorts occasionally and after the clients to a lesser degree.

We have seen that different jurisdictions have different priorities as to who is going to be charged and there is a flexible standard applied in charging those who do not cooperate. Screeners who are employees and not owners usually do not get hit, unless they are asked to cooperate and they don’t.

In your examples you are trying to move the screener to different degrees of involvement. However, most any of these involvements fall into the pandering/pimping area, often united as one charge, i.e. where someone facilitates or arranges a tryst for pay.
In ex. 1 you have the screener in direct contact with the caller and setting the appointment---that qualifies to be charged.
In ex 2 you have the screener confirming client info for the provider without communicating with the client, so it is a service to facilitate the providers actions and chargeable
In ex. 3 the screener in involved between client and provider, therefore as a facilitator and chargeable.

I do not see any way that the screener is going to escape prosecution if the LE wants to prosecute. If we define a screener as a sort of credit check to be sure the client is legit, anyone involved with the prostitution circle qualifies as a panderer/pimping by the nature of their involvement in the crime.

Of course the less their involvement the less their sentence should be, we hope. In the real world, if they are just an employee of the agency and they probably would escape being charged but might well be required to undergo long interviews and possibly called as evidentiary witnesses.
However, while the act of prostitution in most states as in CA is a misdemeanor, pandering is a felony.



Posted By: cantbetoocareful
Do you know what the legal risk is for a screener? Three scenarios...

1) The screener takes the initial call and sets the appointment.

2) The screener is given the clients info by the provider to verify but never actually communicates with the client.

3) The screener takes the intial call, verifies client and then passes it on the the provider and the provider sets the appointment.


Thanks,
Ms. Can'tBeTooCareful
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-- Modified on 7/3/2010 8:38:06 PM

mrfrench 4219 reads
posted
6 / 14

In NJ, several agencies have been busted, and the "phone girl" has been charged in each case for aiding and abetting. In several cases that I know of, the phone girls have entered the Pre-Trial Intervention program which means that they plead "no contest", do some community service, pay a fine, but keep a clean record.

That's assuming that it can't be shown that the pbone girl is an owner, or, as in one case, was the daughter of the owner.

dncphil 16 Reviews 3827 reads
posted
7 / 14

There were a series of drug houses in the Valley are of L.A. in the late 80's.  You went to one location and asked where people were.  You were directed to one house and you slipped money through a slot in a door.  They gave you a piece of paper, which you took to a second house and slipped that through a slot in the door.  The person behind the door went away for a few minutes and either he, she, or someone else came back and gave you drugs.

The houses were fortified with bars and had other security measures. They were owned by someone who was never there, although he paid for the bars and other security measures.

Everyone involved, from the person who paid for the security bars, to the person giving locations to the first house, to the person slipping drugs to you was equally involved.

(For those with good memories, these were houses that Chief Gates used the military-style assult vehichles on.)

Legal_Beagle 4016 reads
posted
8 / 14

you have described a chain of involvement to commit a crime so they were all subject to being charged. Sometimes these houses were taken by force from elderly owners who were too terrified to resist or complain and their failure to ask for the intervention of "Gate crashers" may have affected their status, but did not make them a willing party to the drug sales. I think some of these place still exist from time to time.

-- Modified on 7/4/2010 12:26:32 PM

Legal_Beagle 2900 reads
posted
9 / 14
dncphil 16 Reviews 3663 reads
posted
10 / 14

This was one drug family that operated all the fortified crack houses.  None of them were elderly people failing to intervene.  No one lived in the houses, which were all either for taking orders, dispensing drugs, or counting money.  

Similar places still exist, but that level was pretty unique.

My point was just to use those by analogy to "bookers."  Just as the guy who told people which house to go to was criminally liable, so is a "booker" or anyone else who is involved.  

There are two easy questions - both for the jury: 1) did the other person know what was going on; 2) did the person help.

(I know this is phrasing it simply and more detailed explanations can be given.  There have been tens of thousands of words writen on aid and abetting, but this is just to boil it down.)

cantbetoocareful 4896 reads
posted
11 / 14
Legal_Beagle 3994 reads
posted
12 / 14

That background check companies exist and can be used by providers (if that were the case and it may not fit the rigorous requirements of many credit check companies), I do not think the credit check companies could be charged as they would not fit the definition of pandering/pimping and are totally removed and uninvolved and unaware and unconnected in motive or profit from the prostitution aspect. Likewise you could not connect the subway department of the city of NY as a transporter of prostitutes even though they do transport them as well as murders, rapists and my grandmother.
If you make the screener an independent contractor, it would not affect his/her collusion in the crime, it would only affect how the screener is paid  (no withholding taxes) and might shield the company from some liability for the screener's actions in the work place.

Posted By: Tessen
If the screener is an independent contractor how is this different from the various background check companies out there that a provider could well use? Or are you saying any of those could also be charged?


-tessen
-- Modified on 7/4/2010 6:49:53 AM

-- Modified on 7/4/2010 6:51:48 AM

Legal_Beagle 4244 reads
posted
13 / 14

Posted By: dncphil
This was one drug family that operated all the fortified crack houses.  None of them were elderly people failing to intervene.  No one lived in the houses, which were all either for taking orders, dispensing drugs, or counting money.  

Similar places still exist, but that level was pretty unique.

My point was just to use those by analogy to "bookers."  Just as the guy who told people which house to go to was criminally liable, so is a "booker" or anyone else who is involved.  

There are two easy questions - both for the jury: 1) did the other person know what was going on; 2) did the person help.

(I know this is phrasing it simply and more detailed explanations can be given.  There have been tens of thousands of words writen on aid and abetting, but this is just to boil it down.)

pocket1000 1 Reviews 2302 reads
posted
14 / 14

Would someone that drives folks to appointment fit the definition of pandering/pimping

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