Arrested and convicted

[Bloodhound]

Link removed as it reveals a real name...do not re-post. Surfindick

[Guest030911]

Bloodhound, it is usually interesting to read news articles about LE and how they handle prostitution arrests. I did wonder what piqued your interest to post this.

I found a part of the article that I was took a special note of.

Authorities also took removed real name of Arlington into custody for driving the teen to the Grapevine hotel. XXXX faces a felony charge of compelling prostitution.

Now most of us know that minors (under 18 for hobby purposes) are taboo and if you want to avoid felony charges and most likely register as a sex offender, you just stay away from the youngins.

There is probably more to the story than what is printed, but the article states she was arrested for driving the teen to the hotel. She is charged with compelling prostitution for driving her to the appointment.

Just on the face of it, the charge for that action seems severe. If that is all that there is to it for her to get that charge, we should all take note of the aggressive stance of the police's actions.

I wish I knew more details because on the face of it, XXXXXX actions do not seem felonious. The case may get tossed or reduced later, but the arrest and the press coverage has happened. In my mind it is noteworthy to hobbyists and providers alike that driving someone to an appointment, even if you are ignorant of their intentions, might be a lot riskier than we ever thought.

Again, the devil is in the details, but I would like to see the attorneys opinions on just the act of driving someone to an appointment. Having a minor involved probably escalated the whole event.

Be careful out there.

[ShysterJon]

Originally Posted by cpi3000

There is probably more to the story than what is printed, but the article states she was arrested for driving the teen to the hotel. She is charged with compelling prostitution for driving her to the appointment.

Just on the face of it, the charge for that action seems severe. If that is all that there is to it for her to get that charge, we should all take note of the aggressive stance of the police's actions.

I wish I knew more details because on the face of it, XXXXXX actions do not seem felonious. The case may get tossed or reduced later, but the arrest and the press coverage has happened. In my mind it is noteworthy to hobbyists and providers alike that driving someone to an appointment, even if you are ignorant of their intentions, might be a lot riskier than we ever thought.

Again, the devil is in the details, but I would like to see the attorneys opinions on just the act of driving someone to an appointment. Having a minor involved probably escalated the whole event.

Yes, in theory, merely driving a provider younger than 18 years of age to an appointment can constitute the offense of compelling prostitution, but I don't know if, from a practical standpoint, that would be enough for the State to win at trial.

To understand the statute, one needs to realize that the use of the word "compelling" is misleading. One can commit the offense by compelling (that is, forcing) an adult to engage in prostitution, but one can also violate the statute by only causing (by facilitating or helping) a minor to commit prostitution, even if no force, threat, or fraud was used:

Texas Penal Code Section 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 Tex. Penal Code § 43.05 (emphasis added).

In one notable case, the defendant's conviction for compelling prostitution was affirmed on appeal where he caused a 13-year-old to commit prostitution by setting up the appointment, driving her to the appointment, giving her a cell phone and a condom, and persuading her to go through with the appointment. See:

Waggoner v. State, 897 S.W.2d 510 (Tex. App.--Austin 1995, no pet.).

For a fuller discussion of this issue, see this thread:

"Texas Laws Regarding Underage Providers"