Maybe a companion "fee" does not violate Arizona law if companions are not "professional" (high degree of education/training not that of general public).
Maybe a companion "fee" does not violate Arizona law if companions are not "professional" (high degree of education/training not that of general public).
There are zillions of cases pending in Superior Court and recent pleas for felonies related to prostitution. One of my frustrations is no cases have gone to trial in the last few years and defenses tested. As I've discussed on and on... you know where... the legal issues.
I believe we need companions to fight their cases with guidance of a competent attorney as a win would benefit everyone in current and future cases. Companions in some cases should be encouraged to not just take a plea to avoid prison - especially a felony plea.
The Arizona prostitution law is easy to overcome with dating and sugar daddy relationships. Companions however usually are easy game for LE since 90% use "bad words" (like GFE or worse) on their ads which is an easy solicitation bust. Or they say call for rates which is probably just as bad and risky unless very careful on phone.
Obviously you never offer sex for money only like a dating site for time or date. Reviews are often used to convince companions to take plea deals but are almost impossible to be used at trial since no foundation unless identify reviewer who testifies.
While listing GFE or worse in ads is almost impossible to defend. if ads (and less important reviews) are "clean" there seems to be a direct defense of stated hourly rate companionship if arrested by attacking the Arizona prostitution law itself.
AZ Revised Statutes13-3211. Definitions - 5. "Prostitution" means engaging in or agreeing or offering to engage in sexual conduct under a fee arrangement with any person for money or any other valuable consideration.”
In order to break the Arizona Law there must be a "fee" in addition to sexual conduct.
Fee is most frequently defined as related to a professional service. The definition by uslegal.com: "A fee is essentially compensation paid for any particular act, service or labor performed as part of an individuals official duties or professional service." Most other dictionaries also tie "fee" to "professional".
I have not found any Arizona case law but the following is interesting:
PINTER v. CITY OF NEW YORK 710 F.Supp.2d 408 (2010)
The word "fee" in Section 230.00 of the Penal Law has been construed by New York courts to mean payment in return for professional services. The concept of a fee exchange restricts the statute's reach by requiring an aspect of commercialism. As one court long ago explained: it is not prostitution where "a wife ... withholds the performance of her conjugal duties unless her husband gives her a mink coat." "prostitution involves the exchange of sex for a fee on a professional basis."(references other NY cases all basically following need for a fee on a professional basis to distinguish from a wife.
A professional is a member of a profession. The term also describes the standards of education and training that prepare members of the profession with the particular knowledge and skills necessary to perform the role of that profession.
The etymology and historical meaning of the term professional seems to indicate an individual whose philosophy and habits have been conditioned by a professor. So, a professional is the follower of a professor. Plumbers are therefore not considered professionals. While they certainly make a living doing what they do, with a particular expertise, and with a certain expectation of manners, plumbers do not acquire their skills through a professor, or even through a professional professor. They learn from private firms that distribute the knowledge, or they learn from friendly association with a master plumber.
The findlaw dictionary says:
Professional Service: a service requiring specialized knowledge and skill usually of a mental or intellectual nature and usually requiring a license, certification, or registration.
Is prostitution a profession?
Does the prostitute have specialized training in intercourse, dick sucking of a mental or intellectual nature? Can the prosecution prove to a jury that the alleged prostitute had special skills in hand jobbing, blowing and pussy sex requiring special skills and education?
Do customers as the alleged prostitute by e-mail or phone before meeting ask if she has been professionally trained for these skills to set her apart from a wife, girlfriend before booking an appointment with her?
If the alleged prostitute is not professionally trained what is the fee? Probably a gift or donation? Further in some definitions of "fee" it is a "required payment". If the alleged prostitute has a "suggested donation" to help support herself this may also be a legitimate defense.
Vagueness of Prostitution under ARS
This argument is pending in a current motion in Superior Court felony case:
"Fee arrangement” means an agreement between parties to sexual conduct, or attempted sexual conduct, in exchange for money or other valuable consideration.
Under Arizona’s existing law there is no clear description or guidance for what “under a fee arrangement” means as that phrase is used in ARS 13-3211(5). Is an employer who has consensual sex with an employee guilty of prostitution by virtue of weekly payroll? She says she loves her boss but the State chooses to disbelieve her so the sex is colorable as being “under fee arrangement” because she is paid weekly. Is a person who offers to pay the object of their desires’ bills as an inducement to a relationship which hopefully includes sex at some point (and children) prostitution? If so, most people in Arizona are criminals.
Disclaimer - I am not an attorney and do not offer legal advise. One should always seek legal advice from a competent attorney.
|
