Posted By: mrfisher
It will not be hard for a prosecutor to convince a judge that your comments to the police decoy who nabbed you were an attempt to get sex for pay.
By the same token, careful providers will shut off and black list prospective clients who discuss illicit activites.
The time for the discussion is when you are in the room, the envelope has been tendered, and the festivities are begun in earnest.
(still not a lawyer)
I suppose I could always be wrong.... and I do hope someone corrects my misconceptions if I am.... but if discussing sex that is in the fantasy realm and/or the uncompensated realm is somehow able to be twisted into a solicitation for an illegal act - why aren't there rampant busts made of Adult Friend Finder patrons? Or any of the other nine thousand "seeking sex" type of websites? Or every bar and dance club in town?
Hhmm... because it's *free* sex?

But so is this... if sex ever actually happened IRL. We all know ladies are compensated for their time and the pleasure of enjoying their company.
I would think that any bottom-of-the-barrel lawyer could make an astounding case for First Amendment violations if a person were arrested for DISCUSSING something. I would be curious how propositioning someone for free actual sex at AFF or in a bar is somehow more legal than even discussing free imaginary sex that neither party ever expects/contracts for/pays for to be translated into real life? Every piece of erotic literature would be an indictment hanging around the neck of the author! Penthouse would be in hot water for publishing all those "illegal" Forum Letters and the authors would all be in front of judges. Even the erotic fiction we have here on TER would cause a legal system meltdown with all the busts to be made! It's not as if LE doesn't know where to find all of us ladies, and through us, find you gents. So if simply writing about a fantasy encounter you had/would like to have one day (though certainly NOT on the day you meet with a charming young lady to hang out and chat) is enough... none of this lovely world would exist.
Heck, even people investigated for felonies.... big, serious things like hiring hit men, plotting murder, etc.... need to be EXPLICIT in their speech regarding the exact nature of the crime about to be committed before LE steps in. "I"ll pay you 10k to kill my husband" kind of thing. To my knowledge, there's no case to be had over someone crying in their beer at the local pub saying "I wish my wife were dead" (of course, if she turns up dead shortly thereafter then the words may make the sayer a prime suspect but without an actual murder having occurred, just saying that isn't going to produce any yucky outcomes). The former is clearly a solicitation for an illegal act while the latter is akin to discussions of fantasy sex, is it not? Talking about wishes and wants... Without a murder/*compensated sex* or some other illegal activity ACTUALLY happening.... and one being caught in flagrante delicto... speech is speech is speech, is it not?