Yes, I agree with the general sentiment that recent law enforcement activity encroaches on our beloved hobby (and lifestyle, for the ladies). As painful as it may be to hear of tales of over zealous prosecutors and hear the awful stories of those who are the modern-day equivalent to the subjects of a Salem Witch Hunt, I do not believe these activities will detrimentally impact the hobby. I admit my conclusion stems from a formal legal education; however I will interject layperson level explanations where necessary.
Those of us who are educated in the law are privy to the fact law is slow to change. What do I mean by this? Applicable law changes when law, as it exists, begins to yield aberrant results. At that point, the convicted will appeal their unjust convictions based on either antiquated law or current law applied unjustly.
Successful appeals resulting in overturned convictions cause two things to occur. First, precedent formed from the successful appeal will result in the formation of new case law, or precedent, which provides guidance to all of the players in the legal system on how to interpret the law based on different sets of facts. Case law may also create exceptions and/or exemptions to the law. Second, the legislature may choose to amend or even repeal certain laws based on the outrageous results they produce.
Unfortunately, we are finally beginning to witness the impact of the law in the age of cyberspace. Yes, cyberspace has been something all of us in the community have been accustomed to for quite some time. However, the law is beginning to flex its muscle by prosecuting conduct which is furthered via cyberspace--such as providers promoting their services.
Reiterating my statement from above, recent draconian law enforcement activities will not adversely impact hobbying. However, both hobbyists and providers need to continue to be cautious. My fellow hobbyists, this means acting in a manner which leads a provider to conclude you are not a law enforcement agent. Refrain from any dialog which places a dollar amount on any sexual act. Providers need to continue screening new clients and do not hesitate cancelling or stopping an ongoing session if you suspect the client may be a law enforcement agent. The momentary awkwardness caused by cancelling an appointment or stopping an ongoing session may save you the expense (financial, mental, and physical) of defending yourself in a criminal case.
I will continue to chime in when I see posts pertaining to legal issues appearing on the board. I will also avail myself to answer individual questions on an as needed basis. Happy hobbying to all!!!
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