Illinois Prostitution Law-The rescue worker goes to jail!!

[frontman667]

"Act" includes a failure or omission to take action.”
-Illinois Revised Statutes 720 ILCS 5/2-2

The word “include” means to contain and exclude anything not mention. Cannon of Construction restrict the interpretation of law to what it says and not to add to the law that is not written.

“ "Another" means a person or persons as defined in this Code other than the offender.”
- Illinois Revised Statutes 720 ILCS 5/2-3

Sec. 11-14.1. Solicitation of a sexual act.
(a) Any person who offers a person not his or her spouse any money, property, token, object, or article or anything of value for that person or any other person not his or her spouse to perform any act of sexual penetration as defined in Section 11-0.1 of this Code, or any touching or fondling of the sex organs of one person by another person for the purpose of sexual arousal or gratification, commits solicitation of a sexual act. – Illinois Revised Statutes 720 ILCS 5/11-14.1(a)

Legal Fictional Story- Prostitution Sting in Crook County
This fantasy story takes place in a hotel room in Crook, County Illinois. The Christian rescue worker decided to book a date with an escort to rescue the escort from sex trafficking.

UNDERCOVER COP: (Knock, Knock) Come in.

RESCUE WORKER: How are you doing? I come in the name of Jesus Christ to help to rescue you out of sex trafficking.

UNDERCOVER COP: Are you going to pay for time and companionship?

RESCUE WORKER: Yes. I will pay. I hope this donation will help you to get out of prostitution.

UNDERCOVER COP: You know you can bend your morals a little. Would you like a B*** Job.


RESCUE WORKER: I will pay you to NOT give me a b*** job. I want to be clear that I am paying NOT to do it.

UNDERCOVER COP: How about FULL SERVICE. Do you know what that means?

RESCUE WORKER: I know these code words because I used to be part of undercover sting operation to bust Johns for soliciting sexual acts from escorts. I used to be an undercover cop. Latter I found Jesus and decided to join the rescue mission to rescue prostitutes and push for laws that punish Johns harshly. You know the Johns are the problem. They are the root cause of the victimization. I am willing to pay for you NOT to perform full service on the condition you listen to my bible teachings.

UNDERCOVER COP: It will be $200. Leave the $200 on the table. I will listen to your teaching after I use the washroom. Go get your bible out of your bag.

TAKEDOWN TEAM: Raise your hands in the air. You under arrest for soliciting prostitution.


RESCUE WORKER: I am not a John. I did not offer to pay for sex. I offer the undercover decoy money to not perform the sex act in exchange to listen to me preaching the bible.


TAKE DOWN TEAM: Put your hand behind your back. You under arrest. Let’s talk about it in the processing room. (Take down officer took him to the processing room.)


RESCUE WORKER TO PROCESSING OFFICER: I cannot understand how I committed a crime. I offer the undercover decoy money for NOT perform the sex act. My intention to coming here was not to have sex but to save the escort from human trafficking. I belong to the Christian organization that rescue prostitutes and push for laws to increase the penalty for Johns who pay for sex.


PROCESSING OFFICER: You must not off read the Illinois Revised Statutes. Soliciting Prostitution Services which is called “Solicitation of sex act” is offering or agreeing to pay for NOT performing sex act. Since you did not read the statute carefully, that is how you got into trouble.



RESCUE WORKER: I used to be a cop and they never explain this to me. I got the information.



PROCESSING OFFICER: It is your responsibility to read the statutes. Ignorance of the law is no excuse. In Illinois it is a Class A misdemeanor pays someone to get out of prostitution. You going into the slammer with all the good people. Tomorrow you will be able to talk to the judge in Chicago and he will set your bail.


RESCUE WORKER: How this happens? What part of the law I did not read? My understanding was opposite.


PROCESSING OFFICER: Illinois Revised Statutes 720 ILCS 5/2-2. Let me give you a quick lesson about this county. Welcome to Crook County, Illinois. The crook walks free and the good person go to jail. We have to lock you up at the city jail tonight for doing the right thing. The right thing is helping someone to get out of prostitution by paying them not to perform the sex act.

[frontman667]

“"Prostitution" means engaging in or agreeing or offering to engage in sexual conduct under a fee arrangement with any person for money or any other valuable consideration.” – Arizona Revised Statutes 13-3211.5
“ arrangement (Ordering), noun adaption, arraying, collocation, compositio, composition, conformation, formation, method, regularity, schematism, systematization, uniformity
arrangement (Plan), noun conception, concoction, contrivance, course of action, ground plan, layout, master plan, method, outline, program of action, schema, scheme, system
Associated concepts: arrangement for the benefit of creditors? ”
–The Free Dictionary by Farlex

“Arrangement with creditors. A plan of the debtor for the settlement, satisfaction, or extension.”
-Black Law’s Dictionary 6th Edition
“Arraign. In old English law, to order, or to set in order; “
-Black Law’s Dictionary 6th Edition

Comment
I cannot find the word arrangement on black law’s dictionary. The closest I found is “Arrangement with creditor.” Pay attention to the word UNDER. That mean you must be in debt and under a payment plan that requires multiple payment.

[frontman667]

  Intent. The state recognizes that it has a duty to encourage high moral standards. Although the state does not regulate the private sexual activity of consenting adults, the state does not condone or encourage any form of sexual conduct outside the institution of marriage. Marriage is the foundation of family and society. Its stability is basic to morality and civilization, and of vital interest to society and this state.” -Wisconsin Statutes 944.01

“944.30  Prostitution. Any person who intentionally does any of the following is guilty of a Class A misdemeanor: (1) Has or offers to have or requests to have nonmarital sexual intercourse for anything of value. (2) Commits or offers to commit or requests to commit an act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another for anything of value. (3) Is an inmate of a place of prostitution. (4) Masturbates a person or offers to masturbate a person or requests to be masturbated by a person for anything of value. (5) Commits or offers to commit or requests to commit an act of sexual contact for anything of value.” -Wisconsin Statutes 944.30

“"Intentionally" means that the actor either has a purpose to do the thing or cause the result specified, or is aware that his or her conduct is practically certain to cause that result. In addition, except as provided in sub. (6), the actor must have knowledge of those facts which are necessary to make his or her conduct criminal and which are set forth after the word "intentionally".”
-Wisconsin 939.23(3) 

Old Wisconsin Porn Studio- Fictional Fantasy

Lawyer: My client is not guilty. The Milwaukee police arrest my client under the color of prostitution law. The legislators’ intent was to outlaw porn studios when they pass the prostitution statutes because it corrupts the moral values of the community and marriages. It was not the legislators’ intent to outlaw escorts and clients engaging in private sex acts.

JUDGE: I accept your legislators’ intent argument. What is the next point you want to argue?

Lawyer: Your Honor, I worked hard to find where in the Wisconsin Criminal Statutes define a “person”. I cannot find any. Since I cannot find it, I use the court case CHURCH OF SCIENTOLOGY OF CALIFORNIA v. UNITED STATES DEPARTMENT OF JUSTICE 612 F.2d 417 section 37 to come up with a definition. It defines “person” as legal entities other than human being.

JUDGE: I accept the definition of a person according to that court case. The prostitution statutes don’t apply to the porn star escort who is your client because she claims to be an human being. Did the porn star escort have a “person” with her?. Let’s move on.

Lawyer: The “person” is the porn studio that she set up. She set up the OLD WISCONSIN PORN STUDIO, LLC. and register at the LLC with State of Wisconsin- Department of Financial Institutions. The OLD WISCONSIN PORN STUDIO, LLC. is a citizen of the United States and the citizen of the State of Wisconsin under the 14th amendment.

JUDGE: Who is responsible for the crime; the porn star escort or the porn studio?

LAWYER: You can see that the word “Intentionally” defines an actor who knows what he or she is doing. If you read the statutes, the meaning is that person’s actor knows what he or she is doing the sexual act and receiving things of value.

JUDGE: She is free go. I dismiss all charges against her. I will ask the DA to file charges, obtain a warrant, and instruct the police to arrest the OLD WISCONSIN PORN STUDIO, LLC. for prostitution. I cannot understand how the police have the authority to arrest her.

Lawyer: Someone cloaked the police in the color of the prostitution law. The police officer was enforcing the color of law not the rule of law. The officer was above the law when he arrested the escort for prostitution.

[frontman667]

“796.07.Prohibiting prostitution and related acts.—
(1).As used in this section:
(a).“Prostitution” means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.” - Title XLVI Florida Statutes 796.07.
“hire, vb. (bef. 12c) 1. To engage the labor or services of another for wages or other payment.”
-Black Law’s Dictionary 9th Edition
“another. adj. Additional. A second, extra, one more, supplemental, distinct, different, separate, variant.“
– pg. 52 West’s Legal Thesaurus/Dictionary by William Statsky

Sunshine Porn Studio- Legal Fictional Story

The Police officer is talking to an Escort in the restaurant.

ESCORT: I work as an escort.

OFFICER: Do you know that you can get arrested in a sting?

ESCORT: I bring a copy of the Florida Statutes and Black’s Law’s 9th edition.

OFFICER: These books don’t do you any good. Prostitution is illegal in Florida. If you get caught, you will go to jail.

ESCORT: If I get arrested, I will explain to the officer my understanding of the law. From what I read, it criminalizes having sex for the purpose of being hire. It can be any type of hiring. I will tell the processing officer that I am not auditioning for a porn studio or any job. I am not having sex to be hired by a movie studio, porn studio, fast food restaurant, etc.

OFFICER: I cannot understand how you come to this conclusion.

ESCORT: Did your read Florida’s law and Black’s Law 9th edition?

OFFICER: No. I go by what I have been told by my superiors.

ESCORT: Hiring involves having an agreement with a person to serve other person. So there is a minimum of three parties involved. The person doing the hiring is an employer. The job candidate becomes hired when they sign an agreement or open an account with the workplace. The employee who is formerly the job candidate serves other person or persons. When I am serving my clients with sex, I am not doing it to get hired by them to do porn or any job. If I do it to get hired by a person or a corporation, then I am breaking the law. Let’s say the bank manager ask me to have sex with him or other person as a condition of my hiring or do it as a candidate for a job. Then my actions will meet the definition of “prostitution” under Florida’s Statutes.
Having sex with a client is not prostitution under Florida laws.

OFFICER: What you say scares me. I never thought I was going beyond the law when I am doing prostitution sting on escorts. What else you know about the Florida laws?

ESCORT: From my understanding of Florida law, if you are married it is legal to give someone’s spouse a job doing porn. The marriage license is the license that gives the spouses the right to audition and hire by a porn studio. The operator of the porn studio must have a marriage license and must only hire persons that hold a valid marriage license from any state in the United States.

OFFICER: I am thinking about quitting my job and open a porn studio in Florida. I will give them an audition. If the married couple perform great, I will hire them to be an independent contractors in my porn studio. I will pay them for the sex act and sell it to make a profit.
If they want to keep the porn private, I will charge them a fee. I am thinking about calling my porn studio “Sunshine Porn Studio.”

ESCORT: Just make sure that you take a photocopy of their ID and their marriage license before they can audition for your porn studio. That is to make sure that you are not doing anything illegal. Just keep it in the Sunshine state. If you go into other states, you can get into problems with the law.

[frontman667]

The term "prostitution" shall be construed to include the offering or receiving of the body for sexual intercourse for hire, and shall also be construed to include the offering or receiving of the body for indiscriminate sexual intercourse without hire. The term "assignation" shall be construed to include the making of any appointment or engagement for prostitution or any act in furtherance of such appointment or engagement. (1919, c. 215, s. 2; C.S., s. 4357.) North Carolina Statues Article 27. § 14-203

“discrimination, n. (1866) 1. The effect of a law or established practice that confers privileges on a certain class or that denies privileges to a certain class because of race, age, sex, nationality, religion, or disability. • Federal law, including Title VII of the Civil Rights Act, prohibits employment discrimination based on any one of those characteristics. Other federal statutes, supplemented by court decisions, prohibit discrimination in voting rights, housing, credit extension, public education, and access to public facilities. State laws provide further protections against discrimination. [Cases: Civil Rights 1001–1263.]
2. Differential treatment; esp., a failure to treat all persons equally when no reasonable distinction can be found between those favored and those not favored. [Cases: Civil Rights 1033, 1138.]
“The dictionary sense of ‘discrimination’ is neutral while the current political use of the term is frequently non-neutral, pejorative. With both a neutral and a non-neutral use of the word having currency, the opportunity for confusion in arguments about racial discrimination is enormously multiplied. For some, it may be enough that a practice is called discriminatory for them to judge it wrong. Others may be mystified that the first group condemns the practice without further argument or inquiry. Many may be led to the false sense that they have actually made a moral argument by showing that the practice discriminates (distinguishes in favor of or against). The temptation is to move from ‘X distinguishes in favor of or against’ to ‘X discriminates' to ‘X is wrong’ without being aware of the equivocation involved.” Robert K. Fullinwider, The Reverse Discrimination Controversy 11–12 (1980).” -Black’s Law 9th Edition

1. See my previous posting “ Florida Prostitution law- Sexual activities with escort doesn't....... " to learn the definition of the word “hire.”

2. If not hired, then a KKK style escort ad will ensure that it doesn’t meet the indiscriminate qualification. If you are not white, some racist ad with take care of it.