prostitution - what crosses the line

[youngalky]

What is the name of your state? CA

I was offered money by someone to either: masturbate in front of them, or have sex with my girlfriend in front of them. Are either of these considered prostitution?

 

[CdwJava]

Yes.

647. Every person who commits any of the following acts is guilty
of disorderly conduct, a misdemeanor:

(b) Who solicits or who agrees to engage in or who engages in any
act of prostitution. A person agrees to engage in an act of
prostitution when, with specific intent to so engage, he or she
manifests an acceptance of an offer or solicitation to so engage,
regardless of whether the offer or solicitation was made by a person
who also possessed the specific intent to engage in prostitution. No
agreement to engage in an act of prostitution shall constitute a
violation of this subdivision unless some act, in addition to the
agreement, is done within this state in furtherance of the commission
of an act of prostitution by the person agreeing to engage in that
act. As used in this subdivision, "prostitution" includes any lewd
act between persons for money or other consideration.

- Carl

 

[rxis]

Who says its lewd? hehe

 

[CdwJava]

Actually upon re-reading the post (it's been a long day ... and night), I noticed that the act to be paid for did not include an act WITH the person doing the paying. Therefore, it would seem that under CA law this would be lawful ... provided it was not done in private.

But ... EEEEWW!

My bad.

- Carl

 

[youngalky]

not done in private

Actually upon re-reading the post (it's been a long day ... and night), I noticed that the act to be paid for did not include an act WITH the person doing the paying. Therefore, it would seem that under CA law this would be lawful ... provided it was not done in private.

provided it was not done in private? what constitutes private? in public i'm thinking lewd conduct?

 

[CdwJava]

provided it was not done in private? what constitutes private? in public i'm thinking lewd conduct?

Uh ... like in a home or apartment belonging to one of the parties.

There might be other laws broken here, but it would appear that prostitution would not apply.

- Carl

 

[tranquility]

While there are other issues involved (like the age of the people), I don't think making X-rated films are illegal.

 

[BelizeBreeze]

Actually Carl, your reading of the statute based on the specific language of the post, was initially correct. This act can be charged as soliciting and prostitution for both the contractee and the contractor.

 

[cepe10]

Personally, I think it is important for the courts to consider the intent of the law. Clearly prostitution is historically considered the joining of sex organs. Thus IMO a private show on private property does not meet the guidelines for prostitution.

If this were the case every strip club owner in CA would be in violation and the courts have pretty much not found these performances in exchange for currency not to be prostitution. Although I conceed that the public nature of the club may be a factor.

As far as public lewdness, lewd behavior, etc. the terms are vague at best and IMO there has to be a victim, thus consenting parties do not constitute a crime.

 

[CdwJava]

Actually Carl, your reading of the statute based on the specific language of the post, was initially correct. This act can be charged as soliciting and prostitution for both the contractee and the contractor.

Yeah. Hence, the reason I thought it WAS prostitution. But then I went back and re-read it and I thought of movies, sex clubs, etc., and thought that maybe it WAS okay.

In all honesty, something tells me it might be illegal - as you suggest, but I can't quite find a definitive answer in the codes or case law yet.

Sadly (or, maybe not so sadly), I have never worked a vice detail. I'd have to call the DA up and ask him.

- Carl