...I've been with a couple of providers who never mentioned 'the envelope' etc. I left it in the bathroom on the way out. I talked with one of them about it later and she was quite comfortable that she would much rather take the chance of some jerk walking out without leaving anything (which had never happened to her)than have ANY risk of doing anything that would be a solicitation. An attorney on here said that no crime had been committed in that scenario. Also LE is not supposed to have any sexual contact with a provider so busting 'after the fact' is a foul.
Is this foolproof? Nope. It assumes LE plays by the rules (we all know they do not always) and it is POSSIBLE to construct a solicitation from the totality of her ad etc, but that requires a lot of work by the cops and DA and isn't as likely
MVR
Adult 1 meets Adult 2... they do drinks. dinner. movie. theater. a show. Remove to a private place (my place/your place). Engage in sexual activity.
Society says "Tisk, Tisk!" but neither are prosecuted!
Are prostitution bans constitutional? Where is equal protection under the law? I am not qualified to discuss this, but I place this on the table for those more knowledgeable.
Thankyou.
skb
regarding private consenual sexual behavior in Texas, if the memory serves me correctly.
I think it is not too much of a stretch for the kind of hobbying we all do to get included under that definition of protected behavior.
The rub is the economic aspect of it which the Constitution does all the government to regulate.
Still, the Supreme Court has mad some landmark decisions in the past regarding integration, abortion and allowing consentual sexual behavior.
The real test is: Who wants to be the one to take it up to the Supremes?
(Still not a lawyer.)
Boy meets girl. They have a great time and go back to the bedroom and have an even greater time, we all know what I am talking about. Boy leaves in an hour or perhaps in the morning and leaves some money on the dresser. Can girl have him arrested?
JUST A SNOTTY THOUGHT
I doubt she could have him arrested because for the crime of solicitation of prostitution or prostitution to occur she would have had to offer him sex for money or he would have had to offer her money for sex. Since he left the money after they had sex and the offer was never made there would be no violation of the law.
If the money was for sex, yes its prostitution not solicitation. Minimum 15 days in jail if in AZ on first conviction.
It's only prostitution if that is what both intended at the time. Neither can turn a regular encounter into prostitution after the fact, either by giving or demanding money.
Even if the guy could turn it into an act of prostitution, the girl would not be in a position to have him arrested (which is what the original post asked) unless she was willing to risk arrest, too.
...I've been with a couple of providers who never mentioned 'the envelope' etc. I left it in the bathroom on the way out. I talked with one of them about it later and she was quite comfortable that she would much rather take the chance of some jerk walking out without leaving anything (which had never happened to her)than have ANY risk of doing anything that would be a solicitation. An attorney on here said that no crime had been committed in that scenario. Also LE is not supposed to have any sexual contact with a provider so busting 'after the fact' is a foul.
Is this foolproof? Nope. It assumes LE plays by the rules (we all know they do not always) and it is POSSIBLE to construct a solicitation from the totality of her ad etc, but that requires a lot of work by the cops and DA and isn't as likely
MVR
SO The Cop gets a lady to discuss money regarding something else lets say selling your couch for $300.
Then a completely different day ,
The cop says " did you say $300?" and she says "yes" but no money is exchanged....No more talk about money. Then 1 hour after eating pizza later the cop says something lewd and the women just laughs it off. and the cop says something else Like don't you just want to be with a guy like me? and the women says a sarcastic "oh sure" Then BAM solicitation arrest.
Absolutely. Once direct compensation (money in cases gifts) is introduced in exchange for said services or activity involving sex...prostitution.
However, if a product or service (not sex related) is provided and compensation is involved and tacit personal arrangement is made related or not...not solicitation.
There are two many variations on prostitution bans, too many constitutional provisions (both federal and state), and too many varied fact situations.
Consider the offense of solicitation in states that do not require an act in furtherance thereof. This offense is totally different from prostitution per se yet tends to be treated the same. But solicitation criminalizes pure speech and reaches beyond conspiracy law which generally requires an act in furtherance and two people.
Can the state really put in you jail for what you say, where no threat is made or violence incited, regardless of whether you mean it? Is there no First Amendment or comparable state protection here?("Congress shall make NO LAW restricting freedom of speech"). Who knows? Bc these cases are rarely litigated and even more rarely litigated by constitutional attys, there is little case law.
-- Modified on 5/17/2009 4:01:10 PM
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