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

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Old 09-26-2012, 12:45 PM   #1
AlexandriaSquirtz
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I know a person gets in more trouble legally if they are carrying drugs or weapons in a school zone but is it the same for providing in a school zone? Is it a steeper fine and/or penalty? Just curious....
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Old 09-27-2012, 08:16 AM   #2
richard6771
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yes it is.
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Old 09-27-2012, 01:30 PM   #3
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Richard,

Could you point us to a statute that shows that is the case?

I would say that LE is more likely to target any operations close to schools, etc. than elsewhere, so the risks go up. But we are not talking about a SOB Sexually Oriented Business license type of operation.

A prosecutor may be less willing to plea bargain a case involving prostitution in a school zone, and a jury may be more willing to throw the book at such a case.

Further, while most prostitution arrest are for streetwalkers and go mostly unnoticed, the cases of prostitution arrest we hear about in the media usually have some great scandal or something to really outrage the constituents. An arrest of a lady discreetly accepting money for sex from a minor hotel isn't very exciting and will not gather much interest. A prostitute operating in sight of an elementary school (even if nothing was visible to the casual passerby) will outrage parents and draw the attention a police force needs to support funding, distract voters from real issues confronting their community, and make great fodder for the 10 PM news.

Is the range of punishment different from basic prostitution in a school zone? I think the answer is no, but only shysterjon can really answer that.

Is the likelihood of a stiffer sentence greater for a prostitution arrest in a school zone? Hell yes.
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Old 09-30-2012, 01:27 PM   #4
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Actually, in some jurisdictions, Prostitution in a School Zone, is a more serious offense. Article 230.02 of the New York Penal code makes Prostitution in a school zone a class A misdemeanor, while article 230.00 makes Prostitution a class B misdemeanor. Additionally, Article 230.19 makes Promoting prostitution in a school zone a class E felony.

In Minnesota, the penalties are increased for prostitution related activities in school zones under Section 609.3242 of the Penal Code.
.
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Old 10-01-2012, 12:53 PM   #5
sky_wire
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If you’re thinking about committing a drug felony in Texas, stay out of drug free zones!!!!!! Not only is the punishment worse, but the parole laws are insane. One isn’t eligible for parole until serving the entire sentence, or five years, whichever is less. NO time credit for good conduct. That means the sentence is day for day. Four years means four f-ing years!
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Old 10-01-2012, 10:14 PM   #6
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Quote:
Originally Posted by sky_wire View Post
If you’re thinking about committing a drug felony in Texas, stay out of drug free zones!!!!!! Not only is the punishment worse, but the parole laws are insane. One isn’t eligible for parole until serving the entire sentence, or five years, whichever is less. NO time credit for good conduct. That means the sentence is day for day. Four years means four f-ing years!
No one asked about a drug offense in Texas... I asked about solicitation in a school zone cause everyone knows that drug offenses are a stiffer penalty. I was just making a comparison
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Old 10-03-2012, 06:58 PM   #7
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Quote:
Originally Posted by AlexandriaSquirtz View Post
No one asked about a drug offense in Texas... I asked about solicitation in a school zone cause everyone knows that drug offenses are a stiffer penalty. I was just making a comparison

General information. Maybe someone might be interested to know. Drug free zones just don't have stiffer penalties, they wreak havoc with parole eligibility.
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