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

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Old 02-19-2012, 05:18 PM   #1
Luvgcz
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Default If someone is only a driver

for an escort, can they be charged with anything?
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Old 02-19-2012, 05:25 PM   #2
Genevieve Fire
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Yes I think you can be charged with association of the crime.
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Old 02-19-2012, 06:56 PM   #3
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Yep, yep, yep. To the best of my knowledge and a Bomb attorney I happen to know, yep. And, if you are her phone girl, scheduler, etc as well. You are aiding and abetting in the commision of a crime. Be aware. If it goes down, youre gonna probably catch your own case for some version of the above. Consult a Good attorney and think it over. And, I'd say it's worth the investment to keep said attorney on retainer. If she has any sense she already Has a good criminal attorney on retainer.
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Old 02-20-2012, 01:29 AM   #4
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If you are only the driver for a bank robbery get-away car, I bet you're probably guilty of something too. Just a thought.
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Old 02-20-2012, 05:44 AM   #5
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THINK YOU CAN BE CHARGED FOR PATHERING
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Old 02-21-2012, 02:12 PM   #6
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This topic has previously been covered in this forum and elsewhere on ECCIE. A driver or other assistant can be guilty of promoting prostitution if he or she "receives money or other property pursuant to an agreement to participate in the proceeds of prostitution." (See Texas Penal Code section 43.03.) So my advice is to cart your ho around for free.

A person can commit the offense of compelling prostitution by "causing" a provider to form the intent to commit prostitution. "Causing" prostitution is defined broadly, and may include driving the girl to and from appointments, showing her the tricks of the trade, and finding clients. The act of prostitution itself is not required to prove compelling prostitution. Despite its name, the offense does not require proof of force if the provider was 17 years of age or younger. (See Texas Penal Code section 43.05.)

btw, there's no such thing as "aiding and abetting," "association of the crime," or "pandering" (or "pathering" as perhaps it's called by drunken Coonasses -- haha) in Texas. In Texas, liability for accomplices is governed by what's called the "law of parties."

btw, I think y'all watch too many TV cop and lawyer shows. Maybe I need to point out those shows are fiction.
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Old 02-21-2012, 09:01 PM   #7
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Oh, I read that as "panthering".....I figured it was something like "cougaring"!
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Old 02-21-2012, 09:57 PM   #8
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Quote:
Originally Posted by ShysterJon View Post
This topic has previously been covered in this forum and elsewhere on ECCIE. A driver or other assistant can be guilty of promoting prostitution if he or she "receives money or other property pursuant to an agreement to participate in the proceeds of prostitution." (See Texas Penal Code section 43.03.) So my advice is to cart your ho around for free.

A person can commit the offense of compelling prostitution by "causing" a provider to form the intent to commit prostitution. "Causing" prostitution is defined broadly, and may include driving the girl to and from appointments, showing her the tricks of the trade, and finding clients. The act of prostitution itself is not required to prove compelling prostitution. Despite its name, the offense does not require proof of force if the provider was 17 years of age or younger. (See Texas Penal Code section 43.05.)

btw, there's no such thing as "aiding and abetting," "association of the crime," or "pandering" (or "pathering" as perhaps it's called by drunken Coonasses -- haha) in Texas. In Texas, liability for accomplices is governed by what's called the "law of parties."

btw, I think y'all watch too many TV cop and lawyer shows. Maybe I need to point out those shows are fiction.
The laws do vary from jurisdiction to jurisdiction; I primarily work the KC area so I am most familiar with the statutes in KS and MO.

MOST of the activity in this endeavor occurs on the Missouri side of the line:

In the State of Missouri, drivers are charged with “promoting prostitution” (which many people refer to as "pandering"). According to the Missouri criminal law, one commits the promotion of prostitution if one knowingly does any of the following acts:

Causes or aids a person to commit or engage in prostitution.

Procures or solicits patrons for prostitution.

Provides persons or premises for prostitution purposes.

Operates or assists in the operation of a house of prostitution or a prostitution enterprise.

Accepts or receives or agrees to accept or receive something of value pursuant to an agreement or understanding with any person whereby he participates or is to participate in proceeds of prostitution activity.

Engages in any conduct designed to institute, aid or facilitate an act or enterprise of prostitution.

In the State of Missouri, if one engages in pandering, one can be subject to a felony conviction and may be subject to a fine of up to five thousand dollars per each offense as well as a prison term of up to seven years.

If a defendant is accused of attempted pandering in the State of Missouri, the prosecution has to show that the defendant had the intent to commit the crime of pandering. They charge under "attempted promotion" (basically, a "conspiracy to commit" charge) A LOT in this area.

The "driver" actually risks a MUCH greater charge in Missouri than even the Escort / provider.

Be safe!

Kisses,

- Jackie
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Old 02-21-2012, 10:32 PM   #9
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Jackie, that's one of the most cogent, informative, and well-reasoned posts I've ever read on ECCIE. You missed your calling. You should be a lawyer. The transition should be easy. Both our professions screw their clients for money. But providers stop when the client is dead.
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Old 02-21-2012, 11:23 PM   #10
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Old 02-22-2012, 05:35 PM   #11
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Jon, you worked that in beautifully.
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Old 02-22-2012, 05:37 PM   #12
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You can always be charged with something, but the key is can they make it stick. You won't be found guilty if you or the driver can prove that they had no idea what was "really" going on. I watched a trial the other day for a body guard being charged as party to a crime; however, the charges didn't stick because he at no point went beyond the scop of his employment, protection. As long as the driver only drives, then he/she should be fine. Driving isn't illegal, but driving someone you know (intent) is about to
commit a crime then you are clearly an accessory to the crime.
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