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Old 01-06-2011, 04:08 PM   #1
ShysterJon
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Exclamation Texas Laws Regarding Underage Providers

In Texas, whether or not the owner or employees of an agency knew a provider was a minor is irrelevant in determining whether they are guilty of the offense of compelling prostitution. Moreover, whether or not a client knew a provider was underage is irrelevant in deciding whether the client is guilty of sexual performance by a child.

The following is the key Texas statute dealing with underage providers:

Sec. 43.05. COMPELLING PROSTITUTION.
(a) A person commits an offense if the person knowingly:
(1) causes another by force, threat, or fraud to commit prostitution; or
(2) causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time the actor commits the offense.
(b) An offense under this section is a felony of the second degree.

See Texas Penal Code § 43.05 (emphasis added). A second-degree felony is punishable by 2 to 20 years in prison and/or a $10,000 fine.

A person may be found guilty of "compelling" prostitution whether or not force was used, as long as the person "caused" a child 17 years of age or younger to commit prostitution. The person may think the provider was 18 years of age or older. The person may have been presented with an official copy of a birth certificate or an authentic identification card (such as a driver's license) showing the provider was 18 years of age or older. The provider's mother may have sworn on a stack of Bibles that the provider was 18 years of age or older. NONE OF THIS WOULD MATTER. If the State proves the provider was 17 years of age or younger and that the defendant "caused" her to commit prostitution, the defendant is guilty of the offense.

The courts interpret section 43.05 broadly, and a person may "cause" a child to commit prostitution not only by forcing her to, but also by merely driving her to outcalls or finding her customers. In addition, the actual commission of the offense of prostitution is not a prerequisite to the commission of the offense of compelling prostitution.

It should also be noted that section 43.05 was recently amended. Prior to September 1, 2009, a person would commit the offense by causing a person younger than 17 years of age -- that is, a provider 16 years of age or younger -- to commit prostitution.

Moreover, a hobbyist cannot defend against a charge of sexual performance by a child (also a second-degree felony) by proving he thought the provider was 18 years of age or older. If the provider was 17 years of age or younger, and the hobbyist employs or induces the provider to engage in sexual conduct, he is guilty of the offense. See Texas Penal Code § 43.25(b).

"Sexual conduct" includes: (1) deviate sexual intercourse (any contact between the genitals of one person and the mouth or anus of another person; (2) sexual contact (any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person); and (3) sexual intercourse (any penetration of the female sex organ by the male sex organ). Obviously, "sexual conduct" includes virtually everything we think of when people interact sexually (excluding fetishes, perhaps), including touching a breast. If you think that no one has ever been prosecuted for merely touching the breast of an underage girl, you are wrong. I recently handled an appeal in a local county where the defendant was charged with touching his step-daughter's breast and served two years in the penitentiary.

So what should agencies and hobbyists do to avoid criminal liability for dealings with underage providers? I always suggest the "Klong Rule." (A "klong" is a Yiddish word for the sick feeling a person gets in the pit of their stomach when they realize something is wrong, like when you pull your wallet from your pocket to pay a provider for the great time you've had and you realize you forgot to go to the ATM). The Klong Rule, applied here is:

If she looks as if she COULD BE 17 years of age or younger, then assume she IS 17 years of age or younger, no matter what she says or what's shown on a document she produces.
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Old 01-06-2011, 05:14 PM   #2
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That is one reason why I like providers who are 30 plus... they look better and usually you do not get some 17 year old trying to fake being a 30 year old.. they usually push the age 1-2 years so they are "barely legal"
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Old 01-06-2011, 07:30 PM   #3
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Great post, ShysterJon. Thank you, thank you for the advice.
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Old 01-07-2011, 03:19 PM   #4
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There was an interesting report on the local news. The local cops are going into high gear to reduce prostitution in advance of the Super Bowl. The Grapevine PD (on the north side of DFW airport) set up a hotel room and started calling Backpage girls. After busting the first two girls who showed up, the third one was underage. They didn't explain why (I'm guessing a whole lot more paperwork) but after they got her the sting was shutdown.
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Old 01-07-2011, 05:51 PM   #5
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Quote:
Originally Posted by LittleTex View Post
There was an interesting report on the local news. The local cops are going into high gear to reduce prostitution in advance of the Super Bowl. The Grapevine PD (on the north side of DFW airport) set up a hotel room and started calling Backpage girls. After busting the first two girls who showed up, the third one was underage. They didn't explain why (I'm guessing a whole lot more paperwork) but after they got her the sting was shutdown.
I am thinking they would have had a hard time charging her if she was willingly escorting.

That or something else is going on......
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Old 01-08-2011, 03:36 AM   #6
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TY Jon, I have used that Klong rule many times here in NY.
These days it's especially important because LE is becoming ever more aggressive in their approach & tactics, esp in Tx where they can confiscate cars & other property, often times on a whim, so they can pad their PD Budgets & screw over the so-called ( as of the arrest ) Perp. without any due course of Justice having yet taken effect. The effort and aggravation to try & get one's property back from LE once confiscated should be a thread all its own. Thanks again
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Old 01-09-2011, 09:27 AM   #7
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Quote:
Originally Posted by Spirit13 View Post
I am thinking they would have had a hard time charging her if she was willingly escorting.

That or something else is going on......
In all the cases that I've been connected with in which an underage provider was arrested, the police did not charge the girl with an offense, even if she was arrested with contraband (which nearly all of them are); rather, the cops threaten to prosecute the underage provider to coerce her to give information to build cases against the party or parties who facilitated her work as a provider, and the clients who bought her services. In other words, LE will let the little fish off the hook to try to catch bigger fish. There is a specialized, multi-jurisdictional task force in the DFW area specifically designed for this purpose.
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Old 01-09-2011, 11:53 AM   #8
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Quote:
Originally Posted by ShysterJon View Post
In all the cases that I've been connected with in which an underage provider was arrested, the police did not charge the girl with an offense, even if she was arrested with contraband (which nearly all of them are); rather, the cops threaten to prosecute the underage provider to coerce her to give information to build cases against the party or parties who facilitated her work as a provider, and the clients who bought her services. In other words, LE will let the little fish off the hook to try to catch bigger fish. There is a specialized, multi-jurisdictional task force in the DFW area specifically designed for this purpose.
Makes sense.... catch some 16 year old who has a staff edit, forbidden topics...CC prostituting herself, instead of locking her up for all edit, and prostitution, get her to testify against the 40 year old for solicitation of a minor and all the child sex crimes they can stalk on him
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Old 01-10-2011, 09:13 AM   #9
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I don’t get it. I received a reprimand for making a vague d*ug reference (duly noted). And we have a pharmacy posted and it languishes on the site.
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Old 01-10-2011, 01:11 PM   #10
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Only because I didn't see I until now.

We all know the rules here, follow them!

If you don't know the rules, read this before making another post

http://www.eccie.net/announcement.php?f=5

Pay particular attention to #15

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#15 - There is no place in our forums for the general discussion or speculation of illicit drug use. This is to be considered a forbidden topic and mention of it will be removed.
Thats one of the biggies that will not be tolerated, period.

Technoid, did you hit the RTM button that would have alerted staff to this, rather than making a comment?


Quote:
Originally Posted by technoid_x View Post
I don’t get it. I received a reprimand for making a vague d*ug reference (duly noted). And we have a pharmacy posted and it languishes on the site.
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Old 01-10-2011, 01:27 PM   #11
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I was trying to make a point that the cops could catch an underage girl who is doing the SW thing and worse things (use your imagination), yet they would rather use her as bait I suppose so they can also pin the guy on solicitation of a minor.
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Old 01-10-2011, 01:48 PM   #12
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The discussion of certain topics is forbidden here because to allow such discussion could bring unwanted attention to our little corner of the internet. At times I've disagreed with the zero tolerance rule regarding those subjects, but I understand why it exists. Fairness dictates that rules be applied evenly. If a moderator had to consider the context of a post, that could lead to subjective applications of the rules.

The bottom line is: We can still make our points clearly without writing about the forbidden topics.
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Old 01-10-2011, 02:19 PM   #13
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Thanks for the post SJ. I'm curious about a couple of things.

Is a hobbyists guilty of compelling prostitution simply because he offers money for sex? You list a couple of examples and mention how the courts interpret in broadly, but not sure about the run of the mill guy responding to a BP ad?

Any idea how often hobbyists are arrested, charged, or convicted of violating either of the two statutes cited? I'm kinda curious how these cases would ever come about. I mean, it's not like the police are running stings with actual minors. So, where do the cases come from?
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Old 01-10-2011, 03:30 PM   #14
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Quote:
Originally Posted by Shackleton View Post
Is a hobbyists guilty of compelling prostitution simply because he offers money for sex? You list a couple of examples and mention how the courts interpret in broadly, but not sure about the run of the mill guy responding to a BP ad?
Assuming we'd add the fact that the provider is less than 18 years of age, I don't think it would be a reasonable reading of the compelling prostitution statute to use it to prosecute a hobbyist. The intent of that statute is to prosecute those who aid in the commission of the crime. A hobbyist doesn't aid the commission of the crime -- he commits it himself. It would be more reasonable to use the statute regarding sexual performance by a child, where a hobbyist would be prosecuted as an actor, not as an aider and abettor.

Quote:
Originally Posted by Shackleton View Post
Any idea how often hobbyists are arrested, charged, or convicted of violating either of the two statutes cited? I'm kinda curious how these cases would ever come about. I mean, it's not like the police are running stings with actual minors. So, where do the cases come from?
Men are frequently prosecuted under both statutes. There was a recent high-profile case in Dallas involving a 13-year-old girl lured away from a school basketball game with the promise of a free tattoo. Two men in their 20's and one age 31 have been charged. I think the paper said the 31-year-old worked her out of a motel room for five days straight. If the charges are true, those sadistic fools are going to the Iron Bar Hotel for a long, long time.

The investigations involving underage providers that I know of started from either a runaway being arrested for a crime unrelated to prostitution, or a minor being arrested where she plys her trade.
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Old 01-11-2011, 02:35 PM   #15
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Upon conviction of which crimes does a person get labeled a "sex offender" and placed in the data base available for everyone to see? I assume most of that stuff is relating to the original subject, minors. What non-violent crimes constitute being placed on that list?
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