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Go Back   ECCIE Worldwide > General Interest > A Question of Legality
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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 07-05-2010, 01:38 AM   #1
deepwater001
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Default Point of no return??

I have a question that I have wondered about and Im sure others have to. If a person does decide to toftt and try out a c.l. or bp add when do they cross the line of no return? Im sure if you show up in person and it happens to be uncle leo your busted. No doubt about it. But if one was to go through talking and scheduling etc. and something comes up and you arent able to make it then what??? I guess what Im saying is Im very very jumpy when it comes to C.l. or B.P ads of any kind. I tried it once and I got lucky, but was thinking what if....... Does anyone know the answer to this??
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Old 07-05-2010, 02:09 AM   #2
AustinBusinessTraveler
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If you no show it's a very very hard case for LE to make. Essentially, they would have to prove you intended to make the appointment whereas your argument would be that it was just a practical joke and you were killing time.

Since you no showed, your story becomes believable.
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Old 07-05-2010, 07:41 AM   #3
deepwater001
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cool. I got to thinking about it after the fact, and was like damn that could have went south quick. thanks for the insight and for satisfying my curiosity
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Old 07-05-2010, 12:55 PM   #4
ShysterJon
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Default Definition of "prostitution" in Texas

It might be time to review the law which makes plan-vanilla prostitution a crime in Texas.

Texas Penal Code Sec. 43.02. PROSTITUTION.

(a) A person commits an offense if he knowingly:
(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or
(2) solicits another in a public place to engage with him in sexual conduct for hire.
(b) An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a person to hire him or offers to hire the person solicited.
(c) An offense under this section is a Class B misdemeanor, unless the actor has previously been convicted one or two times of an offense under this section, in which event it is a Class A misdemeanor. If the actor has previously been convicted three or more times of an offense under this section, the offense is a state jail felony.
(d) It is a defense to prosecution under this section that the actor engaged in the conduct that constitutes the offense because the actor was the victim of conduct that constitutes an offense under Section 20A.02.

Given this definition, it is highly unlikely that a hobbyist or provider who did not meet with an undercover officer in person would be arrested for prostitution. It would not be an offense to merely INTEND to offer to engage, agree to engage, or engage in sexual conduct for a fee. One would have to actually offer, agree, or engage to violate the law.
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Old 07-05-2010, 03:18 PM   #5
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Quote:
Originally Posted by ShysterJon View Post
It might be time to review the law which makes plan-vanilla prostitution a crime in Texas.

Given this definition, it is highly unlikely that a hobbyist or provider who did not meet with an undercover officer in person would be arrested for prostitution. It would not be an offense to merely INTEND to offer to engage, agree to engage, or engage in sexual conduct for a fee. One would have to actually offer, agree, or engage to violate the law.
Agreed SJ. But if a hobbyist is doing all the right things (hobby phone, keeping acceptable anonymity during screening, etc) its virtually impossible for LE to back-track to a specific person if they were to decide to no-show. The real trouble starts when you show up at a sting operation.
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Old 07-12-2010, 05:33 PM   #6
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true that chicaChaser. undetectable is the key....ads without a face, throw away fones, and limit information on telephone. agreeing to meet is not a crime especially if you never discuss fees or exchanging money. no different from hiring a rent a date (perfectly legal)
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