Entrapment---> Does it work?

[SteveGoldstein]

I think Bernie Madoff's lawyer advised him to put a disclaimer on his site that said he could not be held responsible for stealing clients funds, or making risky investments, or material mistatements of facts concerning his investment practices, nor any known or unknown violations of fiduciary responsibility. But Bernie forgot to do it, so he had to plead guilty. Would have been a good litmus test for disclaimers, though, it he had done it, don't you think?

[TheWanderer]

You know those disclaimer signs on trucks that say - Stay 200 yards back, not responsible for broken windshields?
Those will hold up in court about as good as a sign on your front bumper that says:
Stay 200 feet ahead of me. Not responsible for rear end collisions.

[ShysterJon]

Question: Would a provider putting a disclaimer in her ad give her a viable defense to prostitution?

Answer: No, of course not.

Whether a defendant is guilty of an offense is nearly always determined by their conduct and their mental state. What the defendant publishes outside of the events related to the charge is nearly always irrelevant to whether they committed the charge. Example: Dr. Hannibal Lecter publishes an ad on BP looking for a personal assistant and the ad states: "I may end your life but my intent in act and mind would not be to commit murder." rktman got fired from his job so be applies to be Lecter's assistant. Hannibal the Cannibal kills him and makes a tasty stew of his flesh, which he serves at a party for his friends. When rktman's parole officer can't find him, an investigation is begun and Lecter is charged with murder. His defense is his disclaimer negates the mental state and physical act of murder. As a juror, would you acquit? (If your answer is 'yes,' please contact me because I have some beachfront property in Irving I'd like to sell you.)

btw, disclaimers have nothing to do with entrapment. To use an entrapment defense, the defendant admits she committed the offense, but argues she was led to commit the offense by the LE officer. The intent of a disclaimer in a provider's ad would be to place potential clients on notice that she will NOT commit the offense of prostitution. So thinking a dsclaimer might create an entrapment defense is confusing apples with oranges.

[Cambree]

THANKS EVERYONE FOR YOUR INPUT! EVERYTHING SAID WAS REALLY HELPFUL!!!

[Ashphuckems01]

Even though I'm not a practicing lawyer or law enforcement official, I do have my BA in Criminal Justice(thought it was an interesting field). We had lawyers and cops come in all of the time and give lectures on various topics. I remember a particular cop giving us a lecture and telling us, frankly, that they are allowed to lie and WILL lie to you to get the arrest. Their job is not to determine if you are guilty or innocent. Their job is to get the arrest.

Everyone knows that providing any kind of "sexual" act is illegal. But offering a non-sexual "massage" is not. I won't get into specifics of beating the system(and it can be beat) but I will say that if a cop really wants to arrest you, there's a damn good chance that you will be arrested. That's just the simple fact. Even if he arrives and you tell him that you offer non-sexual massages, he could still arrest you on probable cause(won't go into the lengthy details, just trust me on this one).

The best advice that I could give, and this is coming directly from a cop who gave us one of my college lectures, is to SHUT UP!!!!!!! Don't say another word. If you cover all of your bases and DO NOT say a word, then you have a pretty good chance of beating the charges.

Lastly, as everyone knows, this is a risky hobby. Like bungee jumping, the hobby is a lot of fun but risky. Minimize your risks, play smart, talk very little(until you get to know people), and be safe...

[Gypsy]

Originally Posted by tungi01

Everyone knows that providing any kind of "sexual" act is illegal. But offering a non-sexual "massage" is not.

The truth is that even offering a non-sexual massage is illegal unless you are properly licensed to do so.

[ShysterJon]

Originally Posted by Gypsy

The truth is that even offering a non-sexual massage is illegal unless you are properly licensed to do so.

That's correct. And in DFW, LE has been known to bust people for merely running an ad advertising 'massage' (or any of the synomyms or euphemisms for 'massage') when they're not a licensed massage therapist.

[LovingKayla]

The disclaimer means nothing in the real world. It only gives you a false sense of security.

If they want you, they will get you. LE is NOT stupid. They are very capable and even if they weren't, they are the cops and you are the prostitute.... your cup has a hole in the bottom. There will be no water in it once you hit court. However, ShysterJon can make miracles happen. Have him on speed dial.

Originally Posted by ShysterJon

That's correct. And in DFW, LE has been known to bust people for merely running an ad advertising 'massage' (or any of the synomyms or euphemisms for 'massage') when they're not a licensed massage therapist.

The community just lost 3 ladies last week to massage without a license. It's a much easier charge than prostitution.

[Guest082216-1]

Yep. If you read the legal code, bodyrub, and many more terms are the same legaly as massage and can result in trouble just by using them if you are not licensed

[ShysterJon]

Originally Posted by LovingKayla

However, ShysterJon can make miracles happen. Have him on speed dial.

I thought we were discussing legal issues, not sexual issues.

[Ashphuckems01]

Originally Posted by Gypsy

The truth is that even offering a non-sexual massage is illegal unless you are properly licensed to do so.

Sorry, forgot to add the "licensed" part. Thanks for the correction...

[daty/o]

Originally Posted by LovingKayla

However, ShysterJon can make miracles happen. Have him on speed dial.

Every time I see one of these threads I think, maybe there should just be a "ShysterJon-Dallas" forum. He inevitably gets pulled into it. He could even get the same pay the Mods get.

[SteveGoldstein]

Entrapment holds if all three conditions are fulfilled:

1. The idea for committing the crime came from the government agents and not from the person accused of the crime.
2. Government agents then persuaded or talked the person into committing the crime. Simply giving someone the opportunity to commit a crime is not the same as persuading them to commit that crime.
3. The person was not ready and willing to commit the crime before interaction with the government agents.

From Wikipedia