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

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Old 10-07-2013, 03:24 AM   #1
frontman667
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Talking Oklahoma Prostitution law requires money and property!!

“An “exchange” is a transfer of property for property or some value other than money.”
-BURGER-PHILLIPS CO. v. COMMISSIONER OF INTERNAL REVENUE 126 F.2d 934
“Mutual transfers of property other than for money although one of parties may pay a sum of money in addition to property.” –Black Law’s Dictionary 9th Edition in the definition of exchange pg. 562
“ "Prostitution" means:
a. the giving or receiving of the body for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value, or
b. the making of any appointment or engagement for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value; “ – Oklahoma Statutes §, 21:39 Section 1030
Oklahoma Prostitution Statutes requires MONEY AND PROPERTY or OTHER THING OF VALUE to be considered prostitution.
Colorado has a similar law.


Fictional Legal Fantasy
“OFFICER: The hotel is within 1,000 feet of the church. You are charged with a felony under Oklahoma Statutes.
JOHN: Officer, I did not exchange money for sex. I purchase sex act. In order to exchange money for sex act, there must be a property given on top of the money. That what it says Black’s laws 6th edition. The state’s law criminalizes paying for sex with money and property not paying for sex with money only. I didn’t give any property to the undercover officer with the money. I didn’t give a condom or sex toy to the undercover cop with the money for the sex act.
OFFICER: You will have to argue that in court.
JOHN: You are misapplying the law. You can charge me under the Model Penal Code (MPC) Article 251.2 Section 5 or Washington D.C. prostitution statutes D.C. Code Title 22 Chapter 27 because these prostitution laws apply to me. I am a US Citizen and subject to the District of Columbia and the American Law Institute which is a corporation of the District of Columbia.
OFFICER: I don’t understand how these laws apply to you. I though Oklahoma Statutes and Federal Statutes apply to you only.
JOHN: The 14th amendment says “All citizens born and naturalized in the United States are subject to the jurisdiction thereof; all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” I am subject to the District of Columbia and the American Law Institute.
OFFICER: How does the MPC applies to you? I never heard such a book.
JOHN: Just charge me with the MPC code and Washington D.C. prostitution laws. The prosecutor will decide if I am subject to the Model Penal Code.
I am a property of the court because I claim the TIN man as mine. If you read this case CHURCH OF SCIENTOLOGY OF CALIFORNIA v. UNITED STATES DEPARTMENT OF JUSTICE 612 F.2d 417 section 37 , it defines “person” as legal entities other than human being. The TIN man which the state created through the birth certificate is the legal fiction which is the US Citizen. The human being cannot be the US Citizen unless the human being claims to be the TIN man. The prosecutor and the judge control me through the TIN man. They can make me subscribe to the MPC. The subscription to the MPC is like the state subscribe to the Uniform Commercial Code.
OFFICER: I don’t know what to do. I am so confuse. My sergeant trained me wrong in the law. I am going to contact the District Attorney for assistance on this issue.
DA: Since he said something, just write MPC code Article 251.2 Section 5 and Washington D.C. statutes D.C. Code Title 22 Chapter 27 in your police report and paperwork.
He got a lucky today because he said the right thing. Now he will not face a felony charge.
OFFICER: My sergeant trained me wrong in the law. Who do I go to when I need a legal answer? I did not realize how confusing the law is.
DA: I am not the Law Doctor. The Chief Judge is the official Law Doctor. He is the only one that can issue you a legal prescription and legal answers.
With this John you have in custody, I will need a legal prescription for MPC or Washington D.C. medicine to treat this sick prostitution case. I hope the Judge will issue me the MPC prostitution law medicine because it is Florida Style Prostitution law. The hiring requirements make it difficult for anyone to get away except for sugar daddies and sugar babies.
OFFICER: What pharmacy fills the MPC prostitution law prescription?
DA: The American Law Institute.
OFFICER: Thanks for telling me about the MPC prostitution law prescription is available. I am going to make an appointment with the chief judge of the county for a MPC prostitution law prescription so I can pay a sugar baby for companionship and ….. You know what.
DA: The Chief Judge gave me an MPC prostitution law prescription so I can pay a sugar baby for companionship and you know what…… Don’t forget to book a flight to Pennsylvania to get the prescription fill. You will have to have the prescription fill by a pharmacist at the American Law Institute.
OFFICER TO THE JOHN: You got lucky today. You will only going to face the Washington DC or the MPC prostitution law charge. Under Washington DC and MPC prostitution laws, the crime is only a misdemeanor.
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Old 10-07-2013, 03:26 AM   #2
frontman667
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Default California PC 647(b) only applies to lewd acts under cannon!!

“As used in this subdivision, "prostitution" includes any lewd act between persons for money or other consideration.” – California Penal Code 647(b)

Latin maxim expressio unius est exclusio alterius "... a maxim of interpretation meaning that the expression of one thing is the exclusion of the other. When certain persons or things are specified in a law, contract or will, an intention to exclude all others from its operation may be inferred. In this case, the reference to the assignment to a financial institution excludes assignment to any other entity." – From Duhamine.com Legal Dictionary

“ Inclusio unius est exclusio alterius. The inclusion of one thing is the exclusion of another.” - From free legal dictionary in the definition “include.”

The Cal. Penal Code 647(b) did not use “include but not limited to” or “including” in the language so the section only address lewd conduct.

By the Cannon of Construction, these statutes only restricted to lewd acts.

“ In statute declaring that person is guilty of disorderly conduct who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to public or exposed to public view, terms “lewd” and “dissolute” are synonymous, and refer to conduct which involves touching of genitals, buttocks or female breast for purpose of sexual arousal, gratification, annoyance or offense, if actor knows or should know of presence of persons who may be offended by his conduct; disapproving language of People v. Deyhle, 76 Cal.App.3d Supp. 1, 143 Cal.Rptr. 135 and previous decisions inconsistent with opinion. West’s Ann.Pen.Code, §§ 286, 290, 311.6, 314, subd. 1, 415(3), 647(a).” - Pryor v. Municipal Court, 25 Cal.3d 238 (1979)
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Old 10-07-2013, 03:48 AM   #3
frontman667
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Default Rhode Island Prostitution Laws require paying afterwards!!

“Prostitution. – (a) A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.” – Rhode Island Statutes SECTION 11-34.1-2

“ (2) "Commercial sexual activity" means any sexual conduct which is performed or promised in return for a fee.” – Rhode Island Statutes SECTION 11-34.1-1

“Return. To bring, carry, or send back; to place in the custody of; to restore; to re-deliver. “Return: means that something which has had a prior existence will be brought or sent back. Sims v Western Steel Co., C.A. Utah, 551 F.2d 811, 820”- Black’s Law Dictionary 6th Edition

“Performed” and “promised” are in pass tense. Paying before the sex doesn't qualify as commercial sexual activities in the context of the statutes.
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Old 10-07-2013, 04:21 AM   #4
frontman667
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Lightbulb NY Prostitution Law requires two girls or pimp special!!

Ҥ 230.00 Prostitution.
A person is guilty of prostitution when such person engages or agrees
or offers to engage in sexual conduct with another person in return for
a fee.” -NY Penal Code 3: M§ 230.00

Ҥ 230.02 Patronizing a prostitute; definitions.
1. A person patronizes a prostitute when:
(a) Pursuant to a prior understanding, he pays a fee to another person
as compensation for such person or a third person having engaged in
sexual conduct with him; or” - NY Penal Code 3: M § 230.02

“Another. Additional. Distinct or different.” – Black Law’s 6th edition

Look “Engaged” is past tense. NY Penal Code 3: M§ 230.00 don’t require two girls or pimp special.
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Old 10-18-2013, 01:42 PM   #5
texan361
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Default

You are using the definition of exchange in the context of taxation of real property sales. Property and money does not have to be "exchanged" to commit prostitution in OK.

WAY OUT THERE
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