To: LB, Lawrat, HomeGuru, Jack, ALawyer, etc. - - A Little Help, Please

[I AM ALWAYS LIABLE]

Hey Guys:

I need a little assistance on this one:

https://forum.freeadvice.com/showthread.php?threadid=31514

Please check it out.

Thanks.

IAAL

 

[LegalBeagle]

It makes a nice change to get such a different and interesting question...

 

[I AM ALWAYS LIABLE]

My response:

Yes, I was thinking the same. I was really interested to know if she has a legitimate cause of action; i.e., does she have lawful "consideration" for her contract with these fellows.

IAAL

 

[LegalBeagle]

My response:

Yes, I was thinking the same. I was really interested to know if she has a legitimate cause of action; i.e., does she have lawful "consideration" for her contract with these fellows.

IAAL

What contract though.. and how would she get an award on a contract for illegal services.. actually I need to check that, I do not know if phone sex is truly illegal..

 

[I AM ALWAYS LIABLE]

My response:

Yes, I was thinking the same. I was really interested to know if she has a legitimate cause of action; i.e., does she have lawful "consideration" for her contract with these fellows.

IAAL

What contract though.. and how would she get an award on a contract for illegal services.. actually I need to check that, I do not know if phone sex is truly illegal..

My response:

Yes, there's what appears to be a contract. She, I'm sure, advertised her services (that's the Offer), he called her and they discussed her services and he agreed (the acceptance), then he promised to pay her for her services (the consideration). They both knew what was to occur in this contract (the meeting of the minds), and the services were completed.

As you know, these are some of the basic elements of a contract. However, the only real question is whether or not "phone sex" in exchange for money is lawful consideration; i.e., was the contract void from it's inception ?

IAAL

[Edited by I AM ALWAYS LIABLE on 12-14-2000 at 02:02 PM]

 

[HomeGuru]

IAAL, I posted my comments on the original post. I should have named it Come Together.

Your pal,
HomeGuru

 

[I AM ALWAYS LIABLE]

IAAL, I posted my comments on the original post. I should have named it Come Together.

Your pal,
HomeGuru

My response:

Thank you, Homie.

As you can see, I fell into a bit of a quandary concerning the definition of prostitution and whether there was an illegal contract; i.e., was it enforceable.

I would really be interested to find out if there is case law on the subject, either from her State (which is unknown) or Supreme Court decisions.

Do you think it could be as simple as Freedom of Speech, and thus, protected, or could there be a State out there that likens this to prostitution if the result is the same ?
In other words, does there have to be actual, physical, touching for this to be considered prostitution ?

If the evidence in court is evinced that this is more than just "adult talk" and that the result is the same as in a physical touching prostitution situation, could it be argued then, since the result is the same, that she could lose her claim based upon "unlawful consideration" ?

Thanks for your considered thoughts on her post, and to my quandary.

IAAL

 

[HomeGuru]

Prostitution is based on either the act or a contract to commit the act even if the act did not take place.
In other words just the offer of a sex act for compensation constitutes prostitution. So there does not have to be any physical activity for the negotiations to be deemed criminal.
This is entirely different from phone sex because the service is not sex for money and physical sex for money.
In addition to phone sex there is internet or cyber sex using video some of which is conducted in real time. I am sure there can be arguments for both sides. I will cruise out to Hollywood Boulevard later this evening to further my investigations. Can I borrow your car for this job?

 

[LegalBeagle]

Well Florida Statutes define prostitution as "The giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses."

However, in talking, would not the offer of sex or the body when money has or is exchanging hands be grounds for a criminal act ?.. I mean, surely you would have to define what is being talked about.. if you are exchanging fantasies then no.. but what if the woman asks the client if he 'wants' her etc...

Offering or agreeing to perform a sexual act where money is involved is a criminal act.. the fact that no contact is irrelevant ?

 

[HomeGuru]

Well Florida Statutes define prostitution as "The giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses."

However, in talking, would not the offer of sex or the body when money has or is exchanging hands be grounds for a criminal act ?.. I mean, surely you would have to define what is being talked about.. if you are exchanging fantasies then no.. but what if the woman asks the client if he 'wants' her etc...

Offering or agreeing to perform a sexual act where money is involved is a criminal act.. the fact that no contact is irrelevant ?

To add to the discussion, let's say that phone sex is prostitution by Florida Statutes. What if the offeror is located in another state like Utah and the customer is located in Florida? Or the other way around.

 

[LegalBeagle]

Well Florida Statutes define prostitution as "The giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses."

However, in talking, would not the offer of sex or the body when money has or is exchanging hands be grounds for a criminal act ?.. I mean, surely you would have to define what is being talked about.. if you are exchanging fantasies then no.. but what if the woman asks the client if he 'wants' her etc...

Offering or agreeing to perform a sexual act where money is involved is a criminal act.. the fact that no contact is irrelevant ?

To add to the discussion, let's say that phone sex is prostitution by Florida Statutes. What if the offeror is located in another state like Utah and the customer is located in Florida? Or the other way around.

Phone sex was made legal in Utah (UT. Statutes '94) after it was found that 87% of the people were so ugly they could not get laid. It was deemed the only way to cut down on the sexual frustration in the state that ultimately led to an increase in sheep farming.

 

[Jack Mevorach, Esq.]

May I pass?

 

[HomeGuru]

May I pass?

HomeGuru response:
Yes you may pass Jack. And I may add that you are most intelligent to do so.

Your partner in grime on the Real Estate Boards.

HomeGuru

 

[LegalBeagle]

May I pass?

Stud Muffins Response:

Jack, there are some places that a nice, intelligent & smart guy like yourself should not be in... this is one of them. Actually, any thread that contains postings from all of us (me, Homeboy and IAAL) you should keep well away from because it is unlikely to contain anything worth reading..

 

[HomeGuru]

LB, that was just too darn funny.
Thanks.

HG