I wouldn't argue about the warrant Uni that's definitely true but realize that's not so easy to get unless you have already been under investigation. Yes, if you are using hotels and there are sting like operations going on then that could have a warrant involved or in play; however it would take time and you would have already under investigation. That's nothing new though and has zero to do with this amendment. Prostitution, strictly speaking, is illegal (yes, of course).Originally Posted by Universal
About the "stash houses" (notice the very interesting wording that was added that House Bill 2613 - which is simply an amendment to Ch 20 TX Penal Code - Operation of Stash Houses). It's not at all surprising to me that they chose the wording "stash house". If you read my prior posts about what this is all really about the fact they chose "stash house" is not at all surprising.
Uni, I know you have concerns about this whole thing. My aim has been to subside peoples fears, but not simply be cheer leading, that alone won't do anything. No, rather I would like to point out the facts and be objective about the data. My main point is that, yes, prostitution is illegal, but that's not somehow a big change. You, we, us, any of us involved in the business has been doing something technically illegal for a long long time. Yea. We know that. Right? I mean come on. But these laws don't aim for you, the provider, or the individual hobbyist (they flat out *do not* - period).
I will explain why and show you using the exact text from the amended bill (and, again, let's remember that interesting usage of the word "stash house").
Sec. 20.07. OPERATION OF STASH HOUSE. (a) A person commits
an offense if the person knowingly:
(1) uses or permits another to use any real estate,
building, room, tent, vehicle, boat, or other property owned by the
person or under the person's control to commit an offense or to
facilitate the commission of an offense under Section 20.05, 20.06,
20A.02, or 20A.03; or
(2) rents or leases any property to another, intending
that the property be used as described by Subdivision (1).
Let's look further at 20.07 subsection (1) above:
You commit an offense if you use any real estate, building, room, boat, etc etc... to commit an or to facilitate commission of an offense under Section 20.05, 20.06, 20A.02, or 20A.03
Link to Penal Code 20.05 - SMUGGLING OF PERSONS
Read that link.
You are not committing this offense. Nor is any hobbyist. Nor is any site operator or manager UNLESS they are doing one of those smuggling items which primarily involve the "stashing" of someone in some form of vehicle, house, motorcraft, etc... to evade law enforcement or conceal the person from law enforcement. This is typically slave activity (trafficking) and is not aimed at the hobby community.
What about penal code 20.06? It's just CONTINUOUS FORM OF SMUGGLING (basically aggravated/habitual smuggling behavior). It's the same as 20.05 but more aggravated. No issue.
How about 20A.02?
Link to Penal Code 20A.02 - TRAFFICKING OF PERSONS
Read that one in full but the key item most would be interested in "here" is this one:
(3) traffics another person and, through force, fraud, or coercion, causes the trafficked person to engage in conduct prohibited by:
(A) Section 43.02 (Prostitution);
(B) Section 43.03 (Promotion of Prostitution);
(C) Section 43.04 (Aggravated Promotion of Prostitution); or
(D) Section 43.05 (Compelling Prostitution);
See the paragraph above? You must "traffics another person **AND**, through force, fraud, or coercion, causes the trafficked person to engage in conduct prohibited by: ........."
As a result, you are not committing an offense under 20A.02 unless it is through force, fraud, or coercion to any of the subsections of 20A.02 (A), (B), (C), or (D) above.
Now we get to penal codes 43.04 and 43.05. These have to do with promotion of prostitution and aggravated promotion of prostitution.
I will come back and comment on this. I have to go pickup kids right now.
This one is also not an issue for the individual provider, nor the hobbyist as I said in my first reply earlier. It *could* apply to site operators and managers and a few other conditions but that's still very iffy and very rocky ground for a prosecutor.
Point is though for the purposes of the individual, the provider, or the hobbyist, this "stash house" amendment to the penal code is not aimed at you.
Why do we think they call them "stash houses"? Again, this is mostly about smuggling humans, trafficking humans (slavery), really awful nasty stuff that happens on the dark web (not the dark web I'd guess many "might" think is the dark web either - that's not the dark web). The dark web has entire task force dedicated to it within the cyber crimes division both at the federal and state level. There are horrors there like you cannot fathom. I'm telling you. It's disgusting. That's what this stuff is all about. Technology has made it so that horrible horrible things can occur all around the world with ease and there are no laws to protect against those awful syndicates and persons committing such atrocities. In fact, there were laws EVEN protecting them (i.e. safe harbors act as just one such example).
Yes, let's realize that prostitution is still illegal. Obviously. Who doesn't know that? Of course. I'm not saying that. I'm just saying that none of *these* kinds of new laws, not even FOSTA/SESTA are really aimed at the individual sex worker, hobbyist, and not even really responsible legitimate site operators/community owners/managers/etc..... They are aimed at stamping out a plague across our world, of which the US is the #1 destination and drop point.
But this new amendment to penal code 20 that's in house bill 2613? This law doesn't affect you at all. Not this one. No. It simply doesn't. It's about smuggling, forcing labor, forcing sex, trafficking (slavery). You have to commit one of the penal codes in Chapter 20 that are listed in subsection (1) of the 20.07 amendment in House Bill 2613 in order to commit such crime. No hobbyist or provider is doing anything remotely close.
