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

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Old 03-10-2014, 10:27 PM   #1
newnewman2014
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Question Is escort service professional service under TX law??

I talked to a paralegal about the hobby. He gave me these two court case. I look it up. It shock me off my feet. I don't know any Texas attorney to discuss will discuss with me. So I am going to ask any Texas Attorney or paralegal to answer my questions.

Appellant argues that the word "fee" means no more than some type of consideration, quoting Black's Law Dictionary, Fourth Edition, to define fee as "compensation given for . . . something done or to be done." New York has a prostitution statute which prohibits the same activity as does our statute, NEW YORK PENAL LAW § 230.00 (McKinney 1980), and a New York Court considering the meaning of the word "fee" as used in that statute concluded,

Webster's New International Dictionary of the English Language (Second Edition -- Unabridged [1947] at page 928 defines "fee"
as:
"Compensation, often a fixed charge, for professional service or for special and requested exercise of talent or of skill, as by an artist; as a fee for consultation; [**13] a retaining fee." (Emphasis supplied).
Corpus Juris Secundum devotes three pages to various definitions of the word "fee". It is variously defined as:
"compensation to professional men, a remuneration for services rendered in the line of their professions"; "recompense for official
or professional services"; and "reward, compensation, or wage given to one for the performance of professional services." ("Fee", 36A C.J.S. pp. 248-249). (Emphasis supplied).
The fair import of the word "fee" then is payment in return for professional services rendered. It is not intended facetiously to point out here that prostitution has long been euphemistically known as "the oldest profession". "Fee" is Penal Law § 230.00 can fairly be said to connote professionalism. It restricts the purview of the statute. For example, it would eliminate the situation
(suggested by the defendants) of a wife who withholds the performance of her conjugal duties unless her husband gives her a mink coat. It further defines and limits the type of behavior the Legislature intended as criminal. [All emphasis supplied by New York Court.]
People v. Block, 71 Misc. 2d 714, [**14] 337 N.Y.S.2d 153, 157 (1972). See People v. Costello, 90 Misc. 2d 431, 395 N.Y.S.2d 139 (1977), which quotes and follows Block. We agree with the New York Courts, and adopt their definition of "fee" as being applicable to section 43.02(a)(1) of the Texas Penal Code. …

We have found no cases of convictions under section 43.02(a)(1) except those in which the Texas courts have confined prosecution and conviction to situations involving commercial sex, that is an offer or agreement or actual act of sexual conduct for a fee. The plain and ordinary meaning of the term "fee" as involving commercial sale of sexual services has been employed in all of these cases.
- TISDALE v. THE STATE OF TEXAS, 640 S.W.2d 409; 1982 Tex. App. LEXIS 5160


What is the standard for professionalism? Is escorts professionals? Is there such things as ametuer escorts? Do Tantra Sex qualify as professional service? Do it requires an escort to work full-time and have no other job to be qualify as professional? What are the professional men? Are they pimps?


How do I know if the escort is professional or not? Do I have to be knowingly and intentionally paying for professional sex? What is professional sexual services? Do it requires special skills that the ordinary population doesn't possess like Tantra? Do it requires the escort to be full time or doesn't have any other job but escorting?


"Section 207.12 is confined to sexual activity “for hire.” Among the reasons for undertaking to repress prostitution, the danger of spreading disease is the only one applicable to non-commercial promiscuity. Even on this score, non-commercial “promiscuity” appears to be less dangerous than commercial prostitution. Non-commercial prostitution involves indiscriminate acceptance of new sexual partners from time to time, but not intercourse with dozens of strangers daily. In any event, the health menace involved in amateur promiscuity seems to call for educational and medical remedies rather than penal law.” -Com. v. Danko, 281 Pa.Super. 97 (1980) 421 A.2d 1165


Then when I read this court case I went into further shock. I never knew such things as noncommercial prostitution? How can prostitution be noncommercial? I though commercial sex is money or property exchanged for sex.


Am I dreaming? What going on here? Can an attorney help me understand the standard of professional and commercial sex?




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Old 03-10-2014, 10:38 PM   #2
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The paralegal told me to look up this journal article. So I read it. What is the business requirement that prosecutors must prove to gain a prostitution conviction? Is escorts in business and sugar babies are not? Is the indiscriminate serving clients make escort in business? What is going on here?

Trading Sex for College Tuition: How Sugar Daddy “Dating” Sites May Be Sugar Coating Prostitution
Jacqueline Motyl
117 Penn. St. L. Rev. 927 (2013)

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Old 03-12-2014, 09:05 PM   #3
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I'm starting to suspect from your broken English, indecipherable sentences, and misunderstanding of the law that you are frontman667 reincarnated. If you are, prepare to be exposed and banned.
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Old 03-12-2014, 09:24 PM   #4
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HE'S BACK!!!
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Old 03-27-2014, 02:06 AM   #5
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Lightbulb "Fee" must be the human trafficking fee

I finally found the answer. My paralegal professor who is an attorney mentioned to the class that "services" is slavery. She also told me that service are not categorized as commercial. So I look up the law dictionary. This is what I found.

“TERM: services. TEXT: A term applied to those acts or "renders," as they were called, which were due to the lords from their tenants under the old system of feudal tenure. AUTHORITY: See 2 Bl Comm 60. ALSO: See service.” - BALLENTINE'S LAW DICTIONARY

“TERM: commercial. TEXT: Pertaining to the purchase and sale or exchange of goods and commodities and connoting as well forms of, and occupations in, business enterprises not involved in trading in merchandise; in a broad sense, embracing every phase of commercial and business activity and intercourse.” - BALLENTINE'S LAW DICTIONARY

Commerce is to buy and sell of goods or commodities. The good that is bought and sold is the prostitute. The prostitute is the human trafficking victim. The" fee" must be the human trafficking fee. I guess the business requirement that is mentioned in the journal article is the human trafficking business.

I looked up the law dictionary on “every” in 1 USC 8. It says that it is a collection. “Human”, “person”, and “individual” is every infant…. The person or human being is a government orphanage unit. I guess it is the ALL CAPITAL NAME in the birth certificate. I believe the upper and lower case name is the infant.

So the “person” is engaging in human trafficking of children when they pay for sex. That what I believe!! I listen to the Christian Rescue Worker and Anti-human trafficking groups. They have the answers I have been looking for.

“Sex trafficking occurs when people are forced or coerced into the commercial sex trade against their will. Child sex trafficking includes any child involved in commercial sex.”- Polaris Project

http://www.polarisproject.org/human-...king-in-the-us
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Old 03-27-2014, 05:19 PM   #6
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My head hurts...
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Old 03-27-2014, 05:56 PM   #7
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Mine too!
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Old 03-27-2014, 09:04 PM   #8
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Thanks for pounding a stake in frontman667's heart -- for the third time. Maybe he'll stay dead this time.
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Old 03-28-2014, 11:33 PM   #9
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Quote:
Originally Posted by ShysterJon View Post
Thanks for pounding a stake in frontman667's heart -- for the third time. Maybe he'll stay dead this time.
OMFG!!!!!!!!

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Old 03-28-2014, 11:33 PM   #10
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Actually #5, but I think with 7 we get egg rolls, LMAO!
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