Hi - I would appreciate any suggestions anyone has regarding the following disclaimer which I am considering adding to our correspondence and web site.

My understanding is so long as no sex act is offered or provided for compensation it isn't illegal.  So that if we only offer to provide modeling services or simply conversation for a specific period of time for a specific amount that would be legal employment?  Especially if it was for less than $600 so no 1099 is required of the employeer.

Then after the contract was completed if we should develop a romantic interest in our companion and offered to have sex without charge that would not be an illegal act??

Any constructive comments and advice is apprecited.

Thanks,


Employment Details and Legal Disclaimer:
I/We are  -----------, companion(s) and professional, published models and actors.  I/We are available for legal companionship and photographic or artistic modeling employment on a national and international basis.  Local laws may restrict such activities in certain areas.  I/We do not offer herein to engage in any activity for compensation in any jursidiction where such action is considered illegal, requires a license or is a legislated or restricted activity.  This is not an offer or contract to cross state or national boundries for any purpose which may be illegal in said jursidiction(s).

This is not an offer or contract to have sexual contact or activities, provide entertainment, massage or any service, legal or illegal, requiring a license in San Diego, Las Vegas or any other jursidiction which has laws restricting such activity, for compensation of any type.

This is not an offer or contract by any one party to engage in or offer any other party up for sexual purposes or any activity which may be deemed illegal in the location of jursidiction.  This is not an offer or contract by any one party to transport any other party(s) across state or national boundaries for purposes which may be  illegal in said jurisdiction(s).  This specifically is not an offer of or contract for prostitution or pandering, and no fees will ever be accepted for any activities legislated or held as illegal in any jursidiction.

We offer and accept compensation only for casual, non-sexual companionship, legal photographic or artistic modeling employment, and/or conversation with one or two educated transexuals, for a specific period of time previously agreed upon by all parties, after which no further contract, oral, written, or implied shall exist and all parties shall be free to leave the location of such employment at will and with no restrictions at any time before, during or after completion of such contract.

After the contracted specific time period of companionship, modeling employment or conversation is completed,  should any or all parties involved in said contract wish to develop or pursue a friendship or relationship of any sort outside of and beyond the scope of this offer for companionship or other legal employment activity, then such relationship shall be considered a separate and distinct, non-contractual  activity with no expectation or acceptance of compensation by any party.

Excepting jurisdictions with specific prohibitations, consenting adults of legal age may engage in personal relationships and activities, beyond and outside the scope of their employment, at will.  Should a sexual relationship develop between a present or former employeer and employee if engaged in without expectation, offer, or acceptance of compensation by any party is legal and such rights will be defended.

Anyone responding to this notice agrees that by accepting our offer of companionship or by hiring us for any legal employment purpose that they are not a member of law enforcement and/or will not engage or force us into any illegal act with intent of bringing action against any party to such contract.

Any photographs, web cam images, fictional fantasy stories, or digital images  included in our advertising, correspondence or web site(s) are for free exchange and personal use purposes and do not depict or confirm acts of any sort which ----or ------ or any other party may physically engage in with any other party.

We reserve the right to decline or terminate appointments as we deem necessary.

binding on a judge or jury?  What if you get notarized signatures and witnesses?  

IMHO, such elaborate contracts for an hour's work is a strong indicator of bullshit.

What people don't seem to understand is that the law doesn't have a lot of respect for magic incantations.   Google "sham transaction" and see what you find.

The bottom line is that if you are going to get busted the police will find a charge for you. I know that here in Ga, you are required to get an escorting permit, but in my opinion, if you are busted in a sting with a permit, that will only allow them to seek prostitution charges, instead of escorting without a permit.

I have also heard that in Florida they are trying to give some escorts tax evasion charges. I do think it is a good idea for the modeling title instead of escort. It may provide some umbrella of protection. Not legal advice, just my thoughts and experience.

This is an oft attempted way of avoiding conviction on a prositution sting, and who knows, when presented to a jury, they may just decide to find "not guilty" especially if there is a lack of hard evidence that an actual offer of sex for money took place.

On the other hand, if the cops want to bust you, then I don't think they will be impressed with any disclaimers on your site.  

Often the cops's aim is not to get convictions necessarily, but to get headlines and harrass providers in order to try and chase them and their clients away.

A conviction is just frosting on the cake.

The cops get paid the same whether they get a guilty or not.

(still not a lawyer)

Hi - thanks for your comments - I'd like to hear more.

I am wondering because when we got arrested they had copies of our web site and CL ads.  If I'd had a disclaimer on them I am wondering if that might have made them worthless in court should it ever come to that.

Thanks everyone for your comments.

Jamie

in court.

In fact, it makes people wonder why you would bother to write it if you weren't up to something.

But you knew that already.  You just think lawyers have some sort of magic incantation.  They don't.

but once arrested, a disclaimer will not hurt your case, but it is a very flimsy defense, especially if the cops have evidence that you made a deal to trade sex for money.

On the other hand, if the cops have a flimsy case, then the disclaimer may be just enough to get one juror to decide that the state has not made its case beyond a reasonable doubt.

The point is, there is no sure thing.

(Still not a lawyer)

The disclaimer will not help you much, it at all.  If anything it will hurt your case, since the only plausible reason to have such a disclaimer is to try to avoid the consequences of what you're actually doing.  People who don't exchange sexual services for money don't use these disclaimers.  (Remember Queen Gertrude's famous line in Hamlet: "The lady doth protest too much, methinks.")  I doubt that any judge or jury would be fooled, and I think many would see your disclaimer as evidence against you.

The basic problem is this: criminal trials are about whether the defendant performed illegal act X, not about whether the defendant previously said she wouldn't do so.  People who believe making such a statement will prevent (or even hinder) a subsequent prosecution are kidding themselves.

Hi - yes, I have to agree you have a very good point.

So basically you are screwed if they want you?

That's uplifting.  

Luv,
Jamie

"Hey guys, just in case you had any doubts, I'm a whore all right and I'm just rearin' to get your cash in exchange for my fabulous booty"

Now when presented with this evidence, it should be clear to a jury that you couldn't possibly be breaking the law because what sane person would say they are when they could be caught for it?

(I really think I should get appointed to the Supreme Court for this one.  

(still not a lawyer - duh!)

First of all, forget about a jury.  Juries are for felonies, solicitation is generally not that big a deal.  Bench trial if it doesn't plead out.

Second, forget language telling what this contract is not.  In my opinion, "This is not an offer or contract to have sexual contact or activities, provide entertainment, massage or any service, legal or illegal, requiring a license in San Diego" would get laughed out of court.  An alpaca with a sign on his side saying This is not an Alpaca" doesn't make it a vicuna.

What do you want the document to do?  I assume protect from law enforcement.  A better document would be "I hereby swear or affirm, on penalty of perjury, that I am not employed by law enforcement."  If you qualified as a notary, you could seal it.

You have to be prepared to be arrested and spend the night locked up.  DO NOT give any statements to LE trying to make nice with them so they don't take you away.  They will gladly trade a trip down to the station with the concomitant paperwork for a few choice statements that make their cases for them.  Get a pretext arrest, and any evidence gathered post-arrest is 'fruit of the poisoned tree' and inadmissible. The only two things you should say to LE are "Am I under arrest, or am I free to go?" and "I want a lawyer."  If you are free to go, GO.  IF you are not, then you are under arrest, so what's the probable cause?  IF none, spend the night locked up and smiling, cause they fucked their case.

BUT YOU GOTTA BE PREPARED TO SPEND  THE NIGHT IN THE SLAMMER AND KEEP SILENT. The point is to avoid post-arrest conviction, not merely post-arrest night in jail.

Hmmm.  Interesting thought.  I spoke to a lawyer friend of mine.  He's into the same activities.  He said you can have a signed statement and use the phrase "Pursuant to 28 U.S.C. §1746, I declare under penalty of perjury that the foregoing is true and correct."  No notary necessary and it's the same as an affidavit!  Question: what if she signs "Suzie Jones" and her real name is "Mary Smith?"  Not sure about that one.