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>> The appellate court reasoned that when the escort came out of
>> the bathroom nude, that in itself was sufficient evidence for
>> the trier of fact to conclude that she was ready, willing and
>> able to offer sexual services to the cop.
>
>What I was always wondering is: how are "sexual services" in this
>context defined? Where can she touch you, or allow you to touch her?
>Is it not "sexual service" but constitutionally protected speech if
>you happen to shoot a porn movie and she lets you fuck her?

The statute doesn't speak of "sexual services" (at least I'm pretty sure
it doesn't in Missouri).  Your typical criminal code basically defines
several sexual related terms, usually "sexual intercourse" (usually
straight penile/vaginal sexual activity), "deviant sexual intercourse"
(blowjob, hand job, anal; basically something more involved than mere
"sexual contact" as described, but which doesn't qualify as straight penis/
vagina sexual intercourse.  BTW, most statutes are gender neutral now, so
"deviate sexual intercourse" applies to both same sex and different sex
"unions," shall we say), and "sexual contact" (usually touching of clothed
or unclothed sexual organs or female breasts with the purpose of eliciting
or gratifying sexual desire of one of the parties to the incident).  All
sex offenses are then specified referring to these terms, as defined in the
criminal code. So, the prostitution statute under such a code would prohibit
sexual intercourse, deviate sexual intercourse, or sexual contact for
"valuable consideration" or some other lawyerspeak meaning "receipt of cash,
property, or valuable services (other than the sex) by one of the parties
involved."  (Although most such services are cash on the barrellhead, so to
speak, it would be illegal in most states to barter for sexual services too.)

Your mention of adult films brings up an interesting point.  It is fairly well
established that "obscene" material (into which category most adult films
would fall in most jurisdictions in the United States) is *not* constitut-
ionally protected forms of expression (but, last I looked, nude dancing is--
go figure!).  I have already pontificated in another thread in this group that
my considered opinion is that adult film actors are "guilty" of prostitution,
under typical state statutes, but that they aren't prosecuted for that owing
to the difficulty of proof of certain jurisdictional elements, such as date,
time, and place of commission of the offense.


>What would be the average punishment if you're caught for the first >time patronizing a prostitute? A fine of anywhere from $100 to $250.
>What would be the average punishment if you're caught for the first >time patronizing a prostitute? My personal experience is limited to St. Louis City; I have heard something of the practices in Kansas City and thereabouts. In urban areas of Missouri (Metro KC and Metro St.L), generally a first time arrest for patronizing (or for prostitution, for that matter) will get one a suspended imposition of sentence on a guilty plea (suspended imposition means that the judge will accept the guilty plea and not sentence you) fol- lowed by a period of unsupervised probation, usually in the area of six months or so. If the judge ever finds out you were arrested while on un- supervised probation, expect him/her to haul your ass back in court and impose about a month in jail.
Date: Tue, 16 May 95 09:36:36 CDT >>Would prostitution be legal on a ship outside the "three-mile limit"? >> >>Could an Indian reservation (so-called "sovereign nation") decide to >>legalize it >>without the consent of the state or the feds? > >Current prostitution prosecution is almost always a local (municipal) or >state jurisdiction. Unless you consider the vestiges of the Mann Act... Last I checked, the Mann Act is still on the books, albeit seldom used. However, when I was in private practice about 10 years ago, I worked on a pardon petition for a client who had been convicted under the Mann Act in either the late 70s or very early 80s. A federal prosecution for prostitution could lie under the Assimilative Crimes Act, a piece of legislation which basically makes any act committed on a federal reservation illegal if it is illegal in the state where the federal reservation is located. And courts-martial are also, technically, federal courts. I mention this latter because, when I was in the Navy I heard that a few women sailors on Diego Garcia took advantage of certain sociological peculiarities there (namely a 13:1 male-female ratio) to enrich themselves via a little sexual entrepreneurism. When caught, they were court-martialed for their troubles (the exact charge was conduct to the prejudice of good order and discipline in the Naval Service, it never having occurred to the drafters of the Uniform Code of Military Justice that members of the armed forces would actually commit a crime like prostitution). As for the questions posed by the original questioner, they are very good ones for which I have no definite answer, myself. I understand that, for purposes of criminal jurisdiction, a ship in international waters is considered within the jurisdiction of its flag of registry for purposes of prosecution of any crimes committed aboard her. So if, for example, the ship is of German registry, and in Germany prostit- ution is legal, then it would be legal to to engage in an act of prostit- ution onboard. What complicates matters for an American registered ship is the fact that, as Catherine so correctly mentions, practically all American prostitution charges are leveled in state courts, not federal courts. I can't imagine a U.S. Attorney in any of the major federal court districts wanting to take the time and trouble to bring a prosecution in federal court for a crime (prostitution) which is a misdemeanor in most if not all states of the Union. So my tentative answer to this one would be: I'll bet that there is some law under which prostitution onboard an American flag vessel in international waters would be considered illegal (hey, this is the U.S., what else would you expect?), however, the likelihood of prosecution if you were caught at it would be pretty minimal. As for Indian nations, my understanding is that while they are sovereign nations with respect to certain matters of self-governance, etc., the U.S. government holds concurrent jurisdiction with the respective Indian nations with respect to crimes committed on the reservations. My educated guess is (and I must admit this is just a guess) that, were an Indian nation to indicate that it were about to legalize prostitution on the reservation, the U.S. government would first put pressure on the Indian tribal council not to do such a thing. But if they did, I would suspect that Congress (especially *this* Congress) would simply pass a law making prostitution on Indian reservations illegal, and the federal government would use its concurrent criminal jurisdiction to take what acts it felt necessary to contain the "problem."
Subject: Re: Need information about sex services in Thailand Date: Sun, 17 Dec 1995 21:09:46 GMT >: I understand underage girls are common and would like to hear >: from someone who's had an underage girl about where to find them. I >: won't have any girls younger than 12. Under the 1994 Federal Crime Law it is a felony to INTEND to travel outside of the US, or to another state, to have sex with a person under 16 years of age, even if the sex would be completely legal under the laws in the particular country or state. For example, under this new provision, sex in Canada between a US citizen and a 15-year-old Canadian partner, which would be completely legal under Canadian law [which establishes a national age of consent of 14] could still be prosecuted by the US government. To convict you, prosecutors would not have to show that you actually had sex or even that you actually visited Canada merely that you intended to. Those found guilty face up to ten years in prison. This provision even affects the age of consent within states. If you take a Greyhound bus from Albuquerque to Santa Fe and have sex with your 15-year-old boyfriend, legal under New Mexico law, you could still be prosecuted by federal authorities, because Greyhound busses count as interstate transport even if you don't cross a state boundary. In many other countries laws have been passed which make it possible to prosecute their citizens for conduct that occurs elsewhere. Anyone who solicits advice with the intent to violate such laws, or provides help or information in this context, may well be in violation of the conspiracy laws. Be smart, keep safe.
Date: Tue, 24 Mar 1998 07:31:47 CST The US supreme court refused to hear the appeal of a Florida escort. She had argued that she had a constitutionally protected right to sell sex and was turned down by a U.S. district judge. The case is Roe vs. Butterworth, 97-1383.

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