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Forgive my ignorance.
What actually constitutes prostitution or is illegal? or at what point does it turn from legal consenting behavior to illegal behavior?
Hypothetically speaking I would think that it would be legal to spend time with someone and cuddle someone. I guess I am at a loss for when the act becomes unlawful or illegal.
What I am seeing online talks about penetration. What if a guy just wanted to cuddle and maybe sexually touch himself. Is that illegal?
First off I am not a lawyer...Quote:
Originally Posted by MikeD77
I'm sure someone with ties to the legal field will chime in here for a more direct response but Tx defines as follows:
In Texas, it is a crime to commit prostitution. Under Texas law, a person commits the crime of prostitution if they knowingly engage in or offer to engage in sexual contact for a fee or if they solicit another person in a public place for sexual conduct
So yes, under your example it is soliciting as there is a sexual act occurring. Keep in mind though no act actually has to occur. Offering money for such service is essentially solicitation even if you never actually do anything. I my mind "sexual act" is very broad and would be interpreted by prosecutors and judges so if you are worried about "crossing a line" dont start in the hobby. It is an all or nothing thing.
The lawyer mongers can chime in and correct me if any of this is inaccurate. I tried to put it in layman's terms.
Thanks for taking the time to answer. Kind of a broad net they cast.Quote:
Originally Posted by Tx33_averageJoe
One of the widest nets you could imagine. The whole issue around prostitution AND pornography is extremely complicated and involves tons of case law.Quote:
Originally Posted by MikeD77
People don't realize it but most pornography is not technically "legal" on any federal level and, in fact, some states have specific statutes which deem it prostitution. California became the mecca for porn producers before the internet era bc of the something known as the Miller case (and resulting "Miller test"). The age of the internet changed things and basically most officials just "ignore" pornography even though it too is illegal strictly speaking in most locales where it's being consumed.
The main difference and why many LE agencies don't care anymore? Because it has been successfully fought in various supreme court cases under free speech and artistic expression. Basically they see the people having sex as "actors" and they are all being paid to act or direct, and not for their own pleasure. That's the main distinction. The issue though is that most people would find virtually any of the porn today to be absolutely completely devoid of any artistic expression and it's of an extremely prurient nature. Particularly with Gonzo films and all the home based and Pornhub/XVideos type stuff people for their own pleasure while also making money. The lines blur badly at that point. It's just that it's culturally and societally accepted now.
However, the point being is that I believe we are headed exactly that way with most online communities and boards like these. Not yet, no, but we are getting closer to the same situation as porn in that regard (they simply don't care - not worth their time when it's something pretty regulated, safe, consenting, etc). The bigger issue is with street walking, human trafficking, people who are brought from other countries (under<prohibited-topic>), forced to use <prohibited-topic>, under duress, pimps, violence in the streets, high levels of STDs, and on and on.
Google Texas Penal Code Prostitution. This will give you a good idea of the elements of the offense.
Stay away from girls involved in drugs...young girls because of trafficking...low budget motels...
This will save you a lot of grief. Drugs..young girls and cheap motels attract cops. My best friend from HS been a cop in Austin for 15 years and he gave me that advise. He believes adults freely hobbying should be allowed.
The elements of the criminal statutes are:
The (merely) offer of money for sex or sex for money are considered a misdemeanor violation. But in certain instances can be a felony.
The actual exchange of money for sex or sex for money are not required.
Might a flirting conversation on this forum be construed as prostitution, although two people have never met in person?
^^^ flirting?
very extraneous question since none of the "handles" here is a real person except somewhere "there" in the real world.