Legal Corner

Solicitation generally does not
Cpl_Punishment 8018 reads
posted

necessarily relate to prostitution.

Solicitation is a "preliminary" crime, along with conspiracy, attempt, and accessory - there must be an underlying crime, the charge does not stand alone.

It depends on what you are soliciting.  Mass murder is a bit more serious than P4P.  At least for now.

If someone is caught for solicitation (I think that's the legal term for it) is that something that labels them as a sex offender?  Is it a felony, misdemenor???

and registering as a sex offender is not required.

This is true for both providers and clients.

(still not a lawyer)

levendi7211 reads

should have put this on the earlier post...mrfisher is absolutely spot on...solicitation offenses are not registerable offenses although some legislatures have tried...I guess they haven't been successful in passing those laws since some members of our legislature also engage in the hobby (thank God).. registration is usually involved in those crimes which involve children, etc....... (i.e, molestation, exhibition offenses, pandering, operating a house of ill repute (ha!) and the like)

Thanks everyone! I appreciate the info. As a hobbyist that has only been doing this for a couple years, I obviously rool the dice everytime. Which I guess is part of the excitement. obviously no one wants to get caught but understanding the possible consequences really helps.  Thanks again and Happy Hobbying! I mean Holidays!

levendi7434 reads

Good question....in California, solicitation is a violation of Section 647 (b) of the California Penal Code...it is a misdemeanor violation carrying a maximum punishment of $1000 plus a penalty assessment (270%) of the base fine for a total max of $3700 and/or 6 months in the County Jail...it is a priorable offense which means once you are convicted the prior conviction remains on your record and can be used as an enhancement for sentencing purposes should you be convicted again...on a second offense you will do 30 days (plus a fine) and on a third and subsequent offense, you will do minimum 90 days (plus a fine)...when you have a prior conviction you can do up to a year in the county jail...the priors are generally alleged against the providers (not fair :-(....although they can be alleged against the john as well...some jurisdictions can get really funky about these offenses...there are provisions in the law which allow for impoundment and forfeiture of vehicles plus publication of the conviction in the local news gazette (not what your wife would want to see :-(......that's about it....if you have more specific questions, you may e-mail privately or if it's something you would like to share with the general community, I'll be happy to provide info on the board...regards, levendi

I know of a lady who got caught in OKC.  It was a felony and she had to register as a sex offender there.

Jayden

levendi6760 reads

There are some states that designate levels of felonious conduct...I don't know if Oklahoma (I assume that is what OKC is ) is one of them (which doesn't surprise me--lots of wacko laws come out of that place)....registration as a sex offender also means different things in different jurisdictions ranging from simple one time registration to reporting any change of addresses to police departments and actually reporting to police or probation departments on a pre-determined basis....

a regular of mine got nabbed for this when she was working in a MP and the madame had to step out for a while and asked her to keep an eye on the place.

Her luck, the cops pounced and busted everyone but she got the felony charge because she was in charge for those few hours.

She did manage to get a lawyer and plea bargain down to a misdemeanor eventually but it cost her over $10,000 in legal fees alone.

The irony is that she was about to get out of the business altogether and get a counciling job but with all those bills to pay, she had to go back to it with a vengence to pay off the bills.

Talk about unintended consequences.

angelgreen6977 reads

I know some places make you go to "John School" where you have to spend a whole Saturday while the police drag in the finalists in the Miss Parolee America pagent. Then they tell you horror stories about how they have various STDs, robbed johns, and got their pimps to beat you up. It's supposed to scare you straight and make you stop being a man (yeah right). Go with reputable girls (like myself) and you won't end up on "Cops".

tokai7064 reads

Even in Nevada:

NRS 201.300  1.  A person who: (a) Induces, persuades, encourages, inveigles, entices or compels a person to become a prostitute or to continue to engage in prostitution; ... If no physical force or immediate threat of physical force is used upon the adult, is guilty of a category D felony.

Obviously this statute is intended to keep you from encouraging someone to be a prostitute. However, offering someone $300 on the street to ... seems like it meets the letter of the law (encourage to continue to engage in prostitution).

Cpl_Punishment8019 reads

necessarily relate to prostitution.

Solicitation is a "preliminary" crime, along with conspiracy, attempt, and accessory - there must be an underlying crime, the charge does not stand alone.

It depends on what you are soliciting.  Mass murder is a bit more serious than P4P.  At least for now.

If you agreed to oral sex-a perverse act in many places then yes you would have to register as a sex offender. I knew a porn star who had to register as a sex offender because she licked a tit in on a stage in Ca.
Strippers are targeted and this happens to them all the time.
We live under tyranny in this country.

The legal ramifications are the least of one's worries.  Even first time felonies in most jurisdictions don't end up with real time.  Rather, they end up with a fine, probation, and maybe community service.  

The problem is publicity and reaction.  Some cities have been publicizing the names of people (usually men) arrested for solicitation.  Others have confiscated cars if the soliciation happened on the street.  

Before you laugh at street soliciation, remember that with this principal your computer is up for grabs as an instrumenality of the crime. When a computer is seized they may or may not let you get other data off the drive.  Legal advice: be really polite and nice. When you want your hard drive copied, it will depend on if they like you.

(Admittedly, it is incedibly unlikely.)

In short, the nature of the offense is minor compared to being "outed."

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