Noncommercial Prostitution is Legal in US!!

[frontman667]

Sugar Citizens are individuals who stand up for their right to engage in noncommercial prostitution. The movement’s job is to educate Americans that noncommercial prostitution is legal in the United States. Most Americans at this time believe that all prostitution is illegal except in Nevada. This is a big myth. Commercial prostitution is only legal in Nevada. Noncommercial prostitution is legal throughout the entire United States.
There are case laws that legalize noncommercial prostitution. These cases were buried with many other case laws. The author found these cases by accident and by legal research. He finally put the cases together and got a full picture behind the legal system and the prostitution laws.




http://sugarcitizens.net/

[excess01]

Case in point?

[frontman667]

I did some legal study and found that gift for sex relationship can be a legal defense in escorting. If there is no other sexually suggestive on the advertisement, the date originates in a public place, and the gift for sexual relationship invitation happens after the escorting appointment, then there is a legal defense for gift for sex. If there is solicitation happens during the escorting appointment or the escort session originates in a hotel room, the gift for sex will not be a valid defense.
USA vs Lynnette HARRIS and Leigh Ann Conley states that a person is entitled to treat cash and property received from a lover as gifts, as long as the relationship consists of something more than specific payments for specific sessions of sex.
What the state statues on prostitution criminalize are fees for sexual services. It doesn’t criminalize gift for sexual relationship. According to Black Law’s dictionary, gifts don’t form consideration so there is no agreement for sexual favors. A fee is a compensation for someone engaging in professional activities. A gift is compensation give for someone to someone who is engage in an amateur activity.
If you read Commonwealth v. Stephanie Ann Danko 421 A.2d 1165, 281 Pa.Super. 97 (1980) the court said that that someone cannot be hired with a gift.
If the solicitation for sexual activities happens during the escorting appointment, the court will deem the solicitation for commercial sex. The US Courts of Appeals in the court case IDK v Clark County 836 F.2d 1185 ruled escorting is commercial activities. If the gift for sexual relationship invitation happens after the escorting appointment, there is defense that the activity is noncommercial.

Disclaimer
I don’t encourage anyone to engage in this activity. This is for intellectual discussion only. No guarantee this legal theory will work.

[oldbutstillgoing]

Isn't noncommercial prostutution called Sex?

This applies to not just gifts. It is legal to hire someone for purposes other than sex and then engage in sex once the job is done. For example, If I hire a woman to be my fashion consultant, we go shopping, and then after the shopping is over, we have sex, then it is not prostution. Its sex. Also such as the example of an escort given above. But before you try this as a defense, you had better consult with a lawyer. Proving you paid her to go shopping may be hard to put past a jury.

[frontman667]

Very risky arrangement. If such incident happens, the best defense is to not let it go to the jury. Get the judge to dismiss the case. If it has to go to jury, the only option is to beat it on appeals.
If you are in a committed relationship, it is legal to give gifts for sexual relationship. That is how mistresses and sugar babies get away.

With escort there is an assumption of commercial sex. Escorts are known to provide commercial sex. The court system may not let you get away with this.
If you do it in another profession, the court may let you get away. It depends on the circumstances.

Originally Posted by OldButStillGoing

Isn't noncommercial prostutution called Sex?

This applies to not just gifts. It is legal to hire someone for purposes other than sex and then engage in sex once the job is done. For example, If I hire a woman to be my fashion consultant, we go shopping, and then after the shopping is over, we have sex, then it is not prostution. Its sex. Also such as the example of an escort given above. But before you try this as a defense, you had better consult with a lawyer. Proving you paid her to go shopping may be hard to put past a jury.

[19Trees]

Re read the IDK opinion. https://bulk.resource.org/courts.gov...5.85-1877.html

The court was unambiguous in holding that the Nevada regulation (which required state licensure and attendant regulation) was not constitutionally overbroad. It affirmed the State's ability to regulate without a shadow of a doubt.

Whether or not we like the result or its reasoning, that is what it says.

Thus, the OP's thread title "Non commercial prostitution is legal in the US" is simply wrong. Even the argument had any merit worth debate, it would ONLY apply to the state statute in question and NOT to the entire US (under Federalism embedded in our constitutional system, the STATES have broad regulatory and legal authority, which is deferred to unless there is a Federal law that contradicts it).

There is NO federal law that preempts state laws regulating and criminalizing commercial sex for sale.

The OP is just plain wrong, confused or in a state of indefensible denial.

19Trees

[frontman667]

UNITED STATES of America, v. Lynnette HARRIS and Leigh Ann Conley 942 F.2d 1125 and the US Tax Court rulings created the federal rule that cash and properties from a lover are gifts. The federal rule of privilege applies to the 14th Amendment citizens. The US Tax courts have jurisdiction over the whole US. When the things of value is a gift for sex not a fee, it will not fit any of the states' laws definition of prostitution.

Originally Posted by 19Trees

Re read the IDK opinion. https://bulk.resource.org/courts.gov...5.85-1877.html

The court was unambiguous in holding that the Nevada regulation (which required state licensure and attendant regulation) was not constitutionally overbroad. It affirmed the State's ability to regulate without a shadow of a doubt.

Whether or not we like the result or its reasoning, that is what it says.

Thus, the OP's thread title "Non commercial prostitution is legal in the US" is simply wrong. Even the argument had any merit worth debate, it would ONLY apply to the state statute in question and NOT to the entire US (under Federalism embedded in our constitutional system, the STATES have broad regulatory and legal authority, which is deferred to unless there is a Federal law that contradicts it).

There is NO federal law that preempts state laws regulating and criminalizing commercial sex for sale.

The OP is just plain wrong, confused or in a state of indefensible denial.

19Trees

[19Trees]

The tax court (in re Lynette Harris) held that evidence was submitted (relating to relationship between old man and young (twin) mistress(es) was improperly admitted (violated the hearsay rule).

The tax court went a bit further, saying that if the money could have been considered "gift" (versus regular income) that it could not automatically be the basis for a criminal prosecution for failing to file and report.

Thus, each case (income versus gift) must turn on its own facts. In this case there was a long-term relationship which included cohabitation, not an hourly trick.

Conclusion: nothing in the first case nor the second served by the OP stands for the proposition that prostitution is legal is the US. To the contrary, revenue generated from the sale of pussy would be reportable, taxable and if not reported would at least subject the taxpayer to civil liability. And yes, criminal liability as well if the failure to report was "wilful" ...

If these cases make a rule of law, it is that a person is entitled to treat cash and property received from a lover as gifts, as long as the relationship consists of something more than specific payments for specific sessions of sex. What's more, even in Blevins, in which the relationship was one of raw prostitution, the Tax Court rejected the IRS' claim that a civil fraud penalty should be imposed. Nor was a fraud penalty applied in Jones, the other prostitution case, although there the issue apparently was not raised. The United States does not allege that Harris received specific payments for specific sessions of sex, so Reis, Libby, and Starks support Harris' position.

32
Judge Flaum argues in his concurrence that these cases turn on their particular facts and do not make a rule of law. Concurrence, at 1135, 1136. Fair enough (although the cases do cite each other in a manner that suggests otherwise). We need not decide this issue. We only conclude that a reasonably diligent taxpayer is entitled to look at the reported cases with the most closely analogous fact patterns when trying to determine his or her liability. When, as here, a series of such cases favors the taxpayer's position, the taxpayer has not been put on notice that he or she is in danger of crossing the line into criminality by adhering to that position. These Tax Court cases can turn entirely on their facts, yet together show that the law provided no warning to Harris that she was committing a criminal act in failing to report the money that she received.

Note finally that "gifts" (versus donation) are reportable income. This case held that, given the facts of the underlying case, that the moneys paid could have been considered gifts makes renders her failure to report them as regular income, cannot automatically be the basis for criminal tax liability. It did NOT make prostitution legal.

Wrong again, sir.

19Trees

[frontman667]

This court case does not striking down the prostitution statutes but provide a legal loophole around the prostitution statutes. By given the title to the mistress to declare the cash and property as gifts from the lover, this transaction will not fit many of the state's prostitution statutes. State laws never criminalizes sex for gifts. It criminalizes sex for a fee.

My legal theory for escorts to work around the prostitution laws is to do sexual favors for gifts after hours. Just don't solicit during the appointment. If the client want extra, they can offer the escort sex for gifts. If the escort want to please the client, they can make an offer for dates in exchange for gifts. Since escort services is classified as commercial services, I cannot come up with a legal theory that can work around the prostitution laws during escort session.

This legal theory is not full proof against sting operation or criminal prosecution but creates a circumstances that can create a strong legal challenge.

[Goddess Athena]

Good Info. Here. Thank you.

Originally Posted by frontman667

I did some legal study and found that gift for sex relationship can be a legal defense in escorting. If there is no other sexually suggestive on the advertisement, the date originates in a public place, and the gift for sexual relationship invitation happens after the escorting appointment, then there is a legal defense for gift for sex. If there is solicitation happens during the escorting appointment or the escort session originates in a hotel room, the gift for sex will not be a valid defense.
USA vs Lynnette HARRIS and Leigh Ann Conley states that a person is entitled to treat cash and property received from a lover as gifts, as long as the relationship consists of something more than specific payments for specific sessions of sex.
What the state statues on prostitution criminalize are fees for sexual services. It doesn’t criminalize gift for sexual relationship. According to Black Law’s dictionary, gifts don’t form consideration so there is no agreement for sexual favors. A fee is a compensation for someone engaging in professional activities. A gift is compensation give for someone to someone who is engage in an amateur activity.
If you read Commonwealth v. Stephanie Ann Danko 421 A.2d 1165, 281 Pa.Super. 97 (1980) the court said that that someone cannot be hired with a gift.
If the solicitation for sexual activities happens during the escorting appointment, the court will deem the solicitation for commercial sex. The US Courts of Appeals in the court case IDK v Clark County 836 F.2d 1185 ruled escorting is commercial activities. If the gift for sexual relationship invitation happens after the escorting appointment, there is defense that the activity is noncommercial.

Disclaimer
I don’t encourage anyone to engage in this activity. This is for intellectual discussion only. No guarantee this legal theory will work.

[GlobeSpotter]

Maybe the best solution. ...Don't get caught.

[frontman667]

I posted the message on the legal forum " Sex with an escort may be legal by court rulings." Please check it out.

Originally Posted by Goddess Athena

Good Info. Here. Thank you.