You might want to ask that on the legal board.

I would think a successful prosecution would depend not only on what the customer had said, but also upon what the *provider* had offered.

For example, if the provider's website referred to or suggested sex and not just time, when the customer appears, in anwer to the ad, a jury could reasonably infer his intent to pay for sex.  

That's why, in my opinion, providers who advertise an extra charge for something like anal are asking for trouble.  That an explicit charge for a sexual service, as opposed to time.

The idea both parties need to adhere to consistently is payment for time only.  As with any male/female time, sex may or may not occur. But sex can't legally be promised or perhaps even suggested.

LE can always arrest you if there is a scintilla of evidence that can be brought to bear.

Whether they can get a conviction is depended on many variables, not the least of which is how good your lawyer is, however...

The real question to all of us is whether we even want to be in that position in the first place, the answer to which is certainly an emphatic "no".

Therefore, to avoid having to be concerned with the legitimacy of an arrest, do the homework and stick with well reviewed providers and avoid the common mistakes that get us into trouble in the first place.

With hobbying as with health, the best cure is prevention.

(still not a lawyer)

arrested. All the cops need is probable cause which dropping trou with a C-note on the table certainly is. Since soliciting sex is not the same as knocking over Fort Knox, the DA will scare the living shit out of you and you plead down as low as you can (this is determined by how good of an attorney you have.) If you do not have a problem with it all going public then you can fight it to your heart's (and wallet's) content.

It's not like this shit has not been tried before and you have just come up with a magic loophole that will make mongering legal. Also remember that the provider will turn on you for leniency as well (not to mention that cops will get pissed off if you lie to their face--always better to say nothing until you have a lawyer.) The best advice is to not get pinched.

It would be naive to assume that the police will always testify truthfully about what you said and did, or to assume that evidence will not be "enhanced" or even manufactured.