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

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Old 04-02-2015, 09:55 AM   #1
boomvang
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Default Is the posting of an ad a chargeable offesnse,

this is the 2nd time in a week where have acted as the mouthpiece for an intimidated Provider, I'm glad to do this ladies, Please keep in mind Yes I am bad, but not bulletproof.

If a VERY vindictive person with an ax to grind had a provider's real life info as well as printouts from her ads (in this case ECCIE). Would that be enough for LE to generate a Warrant.. I told her I didn't much think so, but I am bit a lawyer and who needs an asshole like that running around and making threats.

We're curious what the law will allow a person like that to accomplish in Texas as well as Oklahoma. If this a municipal ordinance does anyone know what they would be DFW say Dallas, Fort Worth, Arlington. We are also curious about OKC.

One other question. I doubt my friend would stir this pot. but is this dim wit breaking any laws himself with these threats?

Thanks for the help anybody.
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Old 04-02-2015, 12:25 PM   #2
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Hearsay, as a standalone item, actionable?

I'll wait for Jon to comment cause you asked specific to that Southern Republic.
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Old 04-02-2015, 01:14 PM   #3
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Quote:
Originally Posted by Unique_Carpenter View Post
Hearsay, as a standalone item, actionable?

I'll wait for Jon to comment cause you asked specific to that Southern Republic.
Thanks. I sure did. The republic that executes more people than most developing countries and its little sister to the north that runs a close second with concept of kill them all and let god sort them out. Theocracies are like that though. Fortunately to date they haven't brought back public floggings or the dunking stool for providers or hobbyist.

Do you know why Texas doesn't slide into the gulf of Mexico?

Jon may have had enough of me lately. If you're reading this SJ this is a whole new issue with a different provider.
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Old 04-02-2015, 01:27 PM   #4
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No, the cops can't make a prostitution case from an ad alone. Without going into a bunch of lawyer mumbo-jumbo, I'll just say that an ad isn't an offer under the law. (Again, the four ways to prove a prostitution case in Texas are offer, acceptance, sex, and solicitation. See:

'Fundamentals of Texas Prostitution Law' )

(To the lawyers out there, only three words are necessary: Carbolic Smoke Ball.)

Now, getting a ticket for offering massage without a license is another matter. In Texas, it's an offense to merely ADVERTISE you offer massages (or any of the synonyms, like 'body rubs') without being a registered massage therapist. I've handled cases where the girl ran an ad offering massage when she wasn't an RMT, the cop made an appointment, and the cop gave her a ticket at the incall because she couldn't produce proof of being an RMT.
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Old 04-02-2015, 02:46 PM   #5
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I was going to say, needs a personal offer. It's not terrible evidence after the fact, but standalone seems like insufficient ground for a lawful warrant to issue.
lol, CSB.
Re the LMT dealio, "bodyrub" precedent exists for "other massage services"?
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Old 04-02-2015, 03:03 PM   #6
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Quote:
Originally Posted by trillianaire View Post
I was going to say, needs a personal offer. It's not terrible evidence after the fact, but standalone seems like insufficient ground for a lawful warrant to issue.
lol, CSB.
Re the LMT dealio, "bodyrub" precedent exists for "other massage services"?
To my knowledge real life info such as facebook has been presented to her at the same time as her ECCIE showcase. there was also a threat of a warrant being issued for nothing more than that. the person making the threats is not a member of any LE agency. Just another repressed prev with an ax to grind. He says that is if he furnishes the local LE with the real life and ECCIE info that is enough for the local LE to issue a warrant. I'm not real sure what the offense would be, Solicitation would be my guess. I don't think being a LMT or a RMT has anything to do with this. She's an ECCIE escort.
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Old 04-02-2015, 03:16 PM   #7
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Quote:
Originally Posted by trillianaire View Post
I was going to say, needs a personal offer. It's not terrible evidence after the fact, but standalone seems like insufficient ground for a lawful warrant to issue.
Yes, if a provider is arrested, the cop sometimes prints the girl's ad and gives it to the DA to use as evidence if there's a trial. I've never failed to keep such evidence out, but if the ad is admitted into evidence at trial and it has clear images of the provider, I can see how it could be effective proof to a jury.

Quote:
Originally Posted by trillianaire View Post
Re the LMT dealio, "bodyrub" precedent exists for "other massage services"?
Huh?
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Old 04-02-2015, 03:25 PM   #8
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Quote:
Originally Posted by boomvang View Post
To my knowledge real life info such as facebook has been presented to her at the same time as her ECCIE showcase.
I don't see why printouts from Facebook would be any more effective than the informant just giving the cops the provider's real name.

Quote:
Originally Posted by boomvang View Post
I'm not real sure what the offense would be, Solicitation would be my guess.
No, running an ad isn't 'solicitation' under Texas law. 'Solicitation' occurs when a person "solicits another in a public place to engage with him in sexual conduct for hire." Coincidentally, this happened to my sugar baby the other day when some dude driving along saw her walking and said, "Hey, ginger! Do you date?" I think she said no.
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Old 04-02-2015, 03:31 PM   #9
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I was wondering if bodyrub ad language fell under the law, but it does (didn't look first). Tex. Admin. Code § 140.300(14) - a person who practices or administers massage therapy or other massage services to a client for compensation. The term includes a licensed massage therapist, therapeutic massage practitioner, massage technician, masseur, masseuse, myotherapist, body massager, body rubber, or any derivation of those titles.

I was looking for the "exceptions under this Act" referenced in that chapter but didn't find anything useful.
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Old 04-02-2015, 03:40 PM   #10
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I recently wrote about the 'body rub' issue in this thread:

http://www.eccie.net/showthread.php?...post1056560047

From the Texas Department of State Health Services website:

"Massage therapy" means the manipulation of soft tissue by hand or through a mechanical or electrical apparatus for the purpose of body massage and includes effleurage (stroking), petrissage (kneading), tapotement (percussion), compression, vibration, friction, nerve strokes, and Swedish gymnastics. The terms "massage," "therapeutic massage," "massage technology," myotherapy," "body massage," "body rub," or any derivation of those terms are synonyms for "massage therapy." (Emphasis added.)

See https://www.dshs.state.tx.us/massage/mt_scope.shtm.

The laws the cops use to write tickets for advertising massage without a license are city laws.
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Old 04-02-2015, 03:54 PM   #11
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Yes, interesting - so at least two places in the Code where bodyrub is counted as an LMT activity, very nice. I wonder then if the best way is for someone to ask for a "nice touch" or some such - i.e. please touch my shitty back, but advertising it would be harder. >>> "I will touch your shitty body for money."
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Old 04-02-2015, 05:54 PM   #12
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Quote:
Originally Posted by ShysterJon View Post
Yes, if a provider is arrested, the cop sometimes prints the girl's ad and gives it to the DA to use as evidence if there's a trial. I've never failed to keep such evidence out, but if the ad is admitted into evidence at trial and it has clear images of the provider, I can see how it could be effective proof to a jury.

Huh?
If my steel trap of a mind hasn't rusted shut again it seems to me that it would indeed require personal contact between the provider and LE. The ad along with her real world identity would not be enough for them to just come get her. But having some squeaky wheel of a vigilante on your ass isn't an ideal situation. If he/she squeaks long enough and loud enough the provider in question may move up in priority for no other reason than to shut the vigante up. People like that can be openly and publicly critical of LE when they don't act fast enough on a tip or evidence they have given them. So the bastard/bitch has accomplished exactly what they set out to do. Make someones life miserable for no other reason than choosing a path different from their own.

I have an active imagination and only a little skeptical paranoia. If my interpretation is way off base someone please just tell me,

Thanks everyone
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Old 04-02-2015, 07:09 PM   #13
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No, it doesn't. Police can act on a reliable informant's tip. Happens enough. No need for LE to touch the place of business.
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Old 04-02-2015, 08:07 PM   #14
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That was a double popcorn read (one just for scholarly reference). Thxs Jon.
And yes, an ad is not directly actionable in my neck of the woods either.
And, as Jon mentions, if someone is charged after direct contact, the extra pics could make a case a bit more fun for the defense atty. And that's somewhat common.
Yes there's other issues. If pastry boys have printouts of city x's gals, and gal's are seen somewhere, cops are known to lean on hotel operations staff to simply run gals off without actually issuing cits. But discrete folks simply don't have that issue.
And last, yes the azz is an azz, and he will succeed in getting folks upset. But the pastry boys are not stupid and they are actually rather busy. And reliable informants are somewhat rare.
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