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A Question of Legality Post your legal questions here (general, nothing of a personal nature)


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Old 05-06-2014, 10:22 PM   #106
tucson
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Default Inviting a decoy to dinner

I constantly get two for the price of one meal coupons. If I invited a decoy cop to dinner would that get me arrested? I doubt the cops will allow her to go to dinner where I might ask her to accompany me to my room. I have had some success with this approach in the past.
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Old 05-07-2014, 12:30 AM   #107
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Quote:
Originally Posted by LilMynx69 View Post
They can and do. It surprises me that anyone actually thinks an undercover cop is going to admit he's a cop. The can legally lie to you for this and a many other things like tell you they have evidence, that the person you were with already confessed or implicated you, etc.
Yes, and they can lie about lying and lie in court, because who is going to prosecute them for perjury (unless it is blatant)? The prosecutor that depends on them for cases and evidence? Probably not. Plus who is the judge, jury and prosecutor going to believe? A cop or a hooker/john (yes, I know they are an alleged hooker/john until convicted, but the judge, jury and prosecutor probably don't make that distinction)? You tell me.

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Originally Posted by LilMynx69 View Post
They can't plant evidence or anything like that and they can't legally have sex with you then arrest you after. Jurisdictions vary on whether an undercover cop may get naked and touch/kiss.
Well, they aren't supposed to, but they can do it and lie about it if it isn't too much trouble (cops are as lazy as the rest of us, maybe more). See the part above about "who they gonna believe?"

Bottom line, is don't get arrested. Research, screen and trust your gut. If you get arrested the deck is stacked against you so STFU (as SJ says) and have a good bail-bondsman and attorney at the ready.

The only good news is that they care a whole lot more for the ladies and the johns who go to streetwalkers. Unless you are very unlucky or stupid they probably don't want a john who can afford a good lawyer (fight back) and won't incriminate himself (make it easy) - see the part about lazy (cops and prosecutors don't like a fair fight - who does really?).
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Old 07-11-2016, 08:19 AM   #108
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Default Thanks, SJ

I found this thread to be really interesting and appreciate SJ for sharing his expertise. I have a question for SJ, if he is still following this (very good) thread.

Does solicitation (in public) include the Internet? (I think it would). I recently joined a SD/SB site and was contacted twice by ladies who wanted to meet me. Maybe it was my spidey sense, but something about each encounter made the hair on my neck stand up.

On both occasions I went to the meet place early and found guys who looked like undercover cops waiting outside. It was pretty obvious each time. On both occasions, the lady was running "late". On both occasions, the lady arrived in a late model Chevy Camaro. There were many other similarities but I won't go into them here.

Thankfully, on both occasions I did not meet these "ladies", I bailed at the last moment. I went back and parsed my ad from the SD/SB site and realized that there was a hint of quid pro quo in my ad, so I removed that part and have laid low since. I also realized that one of the ladies wanted an "allowance per meet" and another said she had "fallen on hard times". One claimed to be a student, the other in real estate sales. Both were plausible reasons for having a flexible schedule.

Bottom line, I strongly believe the police are monitoring the SB/SD sites and are conducting busts. If I had met either of these women I would have been busted.
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Old 07-11-2016, 09:03 AM   #109
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Perhaps SJ or one of the other lawyers here could do a brief post on the legal differences between prostitution and the legal SD/SB relationships? I will start a thread so as to not derail this one.
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Old 07-11-2016, 03:48 PM   #110
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Quote:
Originally Posted by dhoustonguy View Post
I found this thread to be really interesting and appreciate SJ for sharing his expertise. I have a question for SJ, if he is still following this (very good) thread.

Does solicitation (in public) include the Internet?
No, not in my opinion. This is how the Texas Penal Code defines the offense of "solicitation": "solicits another in a public place to engage with him in sexual conduct for hire." If you're sitting in your house chatting with a hooker on the Internet, are you "in a public place"? Fuck no. You're in a private place -- your house. The fact that parts of the Internet are accessible to the public doesn't mean, ipso facto, that when you log on to the Internet you move from a private place to a public place. Otherwise, for example, the cops could have access to all your emails without a warrant because they're in a public place. Also, when you log on to the Internet, you're not IN a public place, unless you're Tron and you suddenly change from human form into energy-fused matter that's cast about on the Internet.

The actor has to be in a public place.




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Old 07-11-2016, 04:00 PM   #111
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Regarding a possible "sugar daddy sting": I'd be surprised if LE devoted resources to busting guys off SD-SB websites. I've read about a few cases, but they were extreme examples. I've never heard of anyone, SB or SD, busted for prostitution in Texas based on activity on a SD-SB website. However, there are grifters on SD-SB websites who set up guys for blackmail.

OldButStillGoing: I don't know much, but I know about Texas criminal laws related to the hobby, and being a sugar daddy. You might remember the sugar daddy "how-to" thread I posted on ASPD and then it was reproduced here when ASPD closed down. I think it's still in the forum here devoted to SD-SB issues at this address:

http://eccie.net/showpost.php?p=45793&

I've written here dozens of times about the differences between seeing a provider and having a SB. But I haven't written on SD-SB issues for years because the girl I first began seeing as a SB (the redhead in my avatar) 4 1/2 years ago became my girlfriend.
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Old 07-11-2016, 04:34 PM   #112
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This is some good information.
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Old 07-11-2016, 09:34 PM   #113
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I think this is the thread ShysterJon is referencing in the Sugardaddy Discussions forum:

http://www.eccie.net/showthread.php?t=286044

(You must have Premium Access to access that forum.)

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Old 07-11-2016, 09:57 PM   #114
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Thanks.
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Old 07-14-2016, 03:05 PM   #115
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And I know plenty of girls who've gotten arrested without saying a WORD to an undercover. If it looks like a ho, walks like a ho, talks like a ho, they will find your ass. Upscale houston and Dallas PD are on a whole other level when it comes to prostitution.... You'd be suprised of the sickening reality of how many rules do not come into play....As far as the girls go, they'll get us for just about anything, wrong place wrong time. Not from my own personal experience btw, just close friends. Good thing there's no casinos here
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Old 05-31-2017, 09:38 PM   #116
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See freshly-passed Texas HB 29. Significant changes effective 9-1-17.
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Old 05-31-2017, 10:03 PM   #117
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Yeah, I know. I'm already working on a new thread.
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Old 06-01-2017, 01:19 PM   #118
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Quote:
Originally Posted by ShysterJon View Post
No, not in my opinion. This is how the Texas Penal Code defines the offense of "solicitation": "solicits another in a public place to engage with him in sexual conduct for hire." If you're sitting in your house chatting with a hooker on the Internet, are you "in a public place"? Fuck no. You're in a private place -- your house. The fact that parts of the Internet are accessible to the public doesn't mean, ipso facto, that when you log on to the Internet you move from a private place to a public place. Otherwise, for example, the cops could have access to all your emails without a warrant because they're in a public place. Also, when you log on to the Internet, you're not IN a public place, unless you're Tron and you suddenly change from human form into energy-fused matter that's cast about on the Internet.

The actor has to be in a public place.





This brings up an interesting question:

Let's say you rent a hotel room for a time frame, be it 1 hour, multi hours, 1 day or you are on a business trip and you have it for a week or so.. if you invite a lady over and inside the confines of your room which is temporally your private property.. would any discussion of sexual activity for a fee be considered solicitation like it would be if you were in a public parking lot?
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Old 06-01-2017, 02:51 PM   #119
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Quote:
Originally Posted by Lincoln.F.Stern View Post
Let's say you rent a hotel room for a time frame, be it 1 hour, multi hours, 1 day or you are on a business trip and you have it for a week or so.. if you invite a lady over and inside the confines of your room which is temporally your private property.. would any discussion of sexual activity for a fee be considered solicitation like it would be if you were in a public parking lot?
The question, properly put (in my opinion) is: Is a hotel room a "public place" under Texas Penal Code section 43.02(b)(2) (both the old and recently-amended statute)?

My answer is "no" because SOME rights to privacy come with the lease of a hotel room. For example, the police can't break down the door to your room (absent exigent circumstances) or slip a microphone under your door to record activity therein. Nevertheless, I've read published court cases in which the court, in dicta (that is, comments unnecessary to the court's ruling), have assumed a hotel room is a "public place," I've read police offense reports characterizing busts in hotel rooms as "solicitation," and I've had cases where my client was arrested for "solicitation" in a hotel room. I think such confusion stems from many using the words "prostitution" and "solicitation" interchangeably, when they're not synonymous words. "Solicitation" is one of the four ways a person can commit prostitution in Texas, but it's ONLY one of the four ways (the others being offer, acceptance, and silent quid pro quo sex). In other words, all solicitation cases are prostitution cases, but not all prostitution cases are solicitation cases.
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Old 06-21-2017, 06:00 PM   #120
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Quote:
Originally Posted by ShysterJon View Post
The question, properly put (in my opinion) is: Is a hotel room a "public place" under Texas Penal Code section 43.02(b)(2) (both the old and recently-amended statute)?

My answer is "no" because SOME rights to privacy come with the lease of a hotel room. For example, the police can't break down the door to your room (absent exigent circumstances) or slip a microphone under your door to record activity therein. Nevertheless, I've read published court cases in which the court, in dicta (that is, comments unnecessary to the court's ruling), have assumed a hotel room is a "public place," I've read police offense reports characterizing busts in hotel rooms as "solicitation," and I've had cases where my client was arrested for "solicitation" in a hotel room. I think such confusion stems from many using the words "prostitution" and "solicitation" interchangeably, when they're not synonymous words. "Solicitation" is one of the four ways a person can commit prostitution in Texas, but it's ONLY one of the four ways (the others being offer, acceptance, and silent quid pro quo sex). In other words, all solicitation cases are prostitution cases, but not all prostitution cases are solicitation cases.
Hi Ava love here .. I liked ur cute quotation. .. Email doesn't load very quick...
Peace and hot u know... Lol
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