Posting encounters - can I be prosecuted?

[geezer1948]

Originally Posted by papadee

I'm quite sure you can't be prosecuted for posting an encounter. But as the link explains, your written encounter can be used as evidence in the prosecution of a different crime.

Odds of a successful prosecution remain low if we don't do or say something stupid. Most of us would suffer simply by being named or charged, even were the charges later dismissed.

[Randall Creed]

I’m going to review Selena Gomez and Taylor Swift one of these days.

It’s going to be awesome when I bang those two.

Because, everything in a review is true, right... I mean, uhh, yeah, so..umm, ok then.

[papadee]

The OP's question: Can a person be prosecuted for posting an encounter?


That was all that was asked. No prostitution, no stings. Basically "Can I be prosecuted for writing a review?"


What crime has been committed in writing a review? As Randall said, and many providers have fussed about, it may not be true, they never met. We're overthinking & confusing issues. The crime is the physical meeting. An encounter report can be used as evidence for that crime. But an encounter report alone is just a story.

[dgc92]

For posting the review? No. Nobody ever said posting it is a crime. But the review is a confession. And once the confession is in, you can be charged and probably convicted of a crime if they link your handle to you. Just depends on whether anyone cares enough to do it.

[papadee]

Originally Posted by dgc92

For posting the review? No. Nobody ever said posting it is a crime. But the review is a confession. And once the confession is in, you can be charged and probably convicted of a crime if they link your handle to you. Just depends on whether anyone cares enough to do it.

A confession of what? A vivid imagination? An event that happened recently? 7+ years ago? You have to have a crime before you can have a confession.


And you did imply that writing a review was a crime in and of itself.
You: If they can link you to your screen name, sure.

[dgc92]

Okay, I guess I wasn't specific enough on what you'd be prosecuted for. Because it never occurred to me that anyone could misunderstand that.

The reviews have dates. Not the date you posted it, but the field where you tell when it happened. Trying to claim the statute of limitations time limit lapsed won't play.

As far as the "this is totally imaginary. Totally. Dudes, I made it all up" thing.... If you are really and truly dense enough to think that's a valid defense, I can't really help you. World's your oyster. You probably won't get arrested, but it's not because of your brilliant wordplay making the cops pound their desks in fury, howling to the heavens that papadee has outwitted them again, but they'll get him next time, by golly.

[Gabrielle]

Reality check: 94% of all cases in this country end with a plea bargain.

Anything you say can, and will be used against you in a court of law. Reviews included.

They will, and have, used reviews as a bargaining chip to get folks to take "the deal".

[papadee]

Originally Posted by dgc92

Okay, I guess I wasn't specific enough on what you'd be prosecuted for. Because it never occurred to me that anyone could misunderstand that.

The reviews have dates. Not the date you posted it, but the field where you tell when it happened. Trying to claim the statute of limitations time limit lapsed won't play.

As far as the "this is totally imaginary. Totally. Dudes, I made it all up" thing.... If you are really and truly dense enough to think that's a valid defense, I can't really help you. World's your oyster. You probably won't get arrested, but it's not because of your brilliant wordplay making the cops pound their desks in fury, howling to the heavens that papadee has outwitted them again, but they'll get him next time, by golly.

I'm trying to logically discuss this but you're being the dense one.


What crime is being committed by posting a review? The crime is the act. Posting a review of said act may bring attention to you & be used as evidence against you, but posting a review doesn't constitute a crime.


And yes you weren't specific on what you'd be prosecuted for. So if you reply, be specific and say what crime you'd be prosecuted for. The rest was just fluff.

[Randall Creed]

If your defense lawyer can’t rip apart the flimsy stance of a review in court, he/she must’ve been born yesterday.

Even a public defender getting paid by the hour should have a field day against it.

Jokers get off with video evidence against them. How can you possibly lose to a questionable review? That would be like losing to a picture that is clearly Photoshop.

Be like. Hey, it kind of does look like you’re really on the moon there.

Lol.

[mtabsw]

Most of the Johns and Hookers here should worry more about what their spouse's attorney will do with it in a custody battle.

[dgc92]

Originally Posted by papadee

I'm trying to logically discuss this but you're being the dense one.


What crime is being committed by posting a review? The crime is the act. Posting a review of said act may bring attention to you & be used as evidence against you, but posting a review doesn't constitute a crime.


And yes you weren't specific on what you'd be prosecuted for. So if you reply, be specific and say what crime you'd be prosecuted for. The rest was just fluff.

Oh my God....

Posting the review is promotion of prostitution.

The review is a confession of soliciting a prostitute.

You could be prosecuted for either.

I hope you understand now, because that is literally as simple as I can make it.

That being said, it's like going 10 MPH above the speed limit. It's technically illegal, but the odds are very much against you getting nailed for it, just because of the huge number of people all doing the same. It does happen. It's just unlikely to happen to any specific person.

[Ed Highlight]

Merely writing about an anonymous encounter between two people not using their real names and posting it online is quite a far reach for LE to have probable cause to obtain an arrest warrant - Geeeez people!!

What country do you think we live in?

We took a guy that banged a porn star and paid her and WE made him President!!

[papadee]

Originally Posted by dgc92

Oh my God....

Posting the review is promotion of prostitution.

The review is a confession of soliciting a prostitute.

You could be prosecuted for either.

I hope you understand now, because that is literally as simple as I can make it.

That being said, it's like going 10 MPH above the speed limit. It's technically illegal, but the odds are very much against you getting nailed for it, just because of the huge number of people all doing the same. It does happen. It's just unlikely to happen to any specific person.

It's simple, but wrong.

Posting the review is promotion of prostitution.

Promoting prostitution or doing any acts for the purpose of promoting prostitution is an offence. Promotion can be by aiding a person to commit or engage in prostitution, procuring or soliciting patrons for prostitution, providing persons for prostitution purposes or permitting premises to be regularly used for prostitution purposes. There are state specific laws as to what constitutes promotion.

In Pennsylvania:

• Owning, controlling, managing, supervising or otherwise keeping, alone or in association with others, a house of prostitution or a prostitution business;
• Procuring an inmate for a house of prostitution or a place in a house of prostitution for one who would be an inmate;
• Encouraging, inducing, or otherwise intentionally causing another to become or remain a prostitute;
• Soliciting a person to patronize a prostitute;
• Procuring a prostitute for a patron;
• Transporting a person into or within this Commonwealth with intent to promote the engaging in prostitution by that person, or procuring or paying for transportation with that intent;
• Leasing or otherwise permitting a place controlled by the actor, alone or in association with others, to be regularly used for prostitution or the promotion of prostitution, or failure to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or other legally available means; or Soliciting, receiving, or agreeing to receive any benefit for doing or agreeing to do anything forbidden by this subsection.
• https://definitions.uslegal.com/p/pr...-prostitution/
• In Texas:

  (a) A person commits an offense if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly:
  (1) receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or
  (2) solicits another to engage in sexual conduct with another person for compensation.
  

  Section 43.03(a)(1) says that a person can be convicted for Promotion of Prostitution if the state attorneys can prove there was an agreement, and that the agreement was for a person to earn money through prostitution. Section 43.03(a)(2) says that a person can be convicted of Promotion of Prostitution if the state attorneys can prove solicitation. While solicitation is not defined in the statute, it basically means that a person try to sell or ask for sex in exchange for money. The important exception to both (1) and (2) is that the prostitute cannot be convicted for Promotion of Prostitution if he or she was personally engaged in the prostitution services.

You can be charged with Promotion of Prostitution if the state attorneys think you have responsibility for someone else’s engagement in prostitution. The state attorneys have to prove that you either solicited or had some kind of agreement to share the proceeds of prostitution.
https://saputo.law/criminal-law/texa...-prostitution/


Neither mention nor infer writing about the encounter. You can research the other 48 states and get back to me if you find something that supports your claims.


The review is a confession of soliciting a prostitute.


Solicitation - Urgent request, plea, or entreaty; enticing, asking. The criminal offense of urging someone to commit an unlawful act.
https://legal-dictionary.thefreedict...m/solicitation


Texas - The offer to pay for sex may be considered a solicitation of prostitution.
https://sharpcriminalattorney.com/cr...itution-texas/


The review is an admission of a past encounter. Solicitation is a crime of the here & now. A review could be used as evidence to show the suspect has a pattern of committing the act, and wasn't there for spiritual healing, time & companionship, or whatever brilliant wordplay they come up with.

[Guest083119]

I papadee

[Hot Yvette]

You can be arrested. Convicted maybe not. Mugshot will still be on google. I saw this..
https://www.koin.com/news/portland-m...tion/870094420
The undercover officers received several text messages from (snip) who claimed his name was "Jay." He claimed he wrote reviews on a website that allows prostitutes and purchasers to review each other, according to court documents.

Getting a review can supposedly add credibility to someone's profile, records said.

(Snip) reportedly asked the undercover officer to lower her "donation" price.

The decoy and (snip) agreed that instead of paying $125 per hour, the decoy would set her rate at $80 an hour for the review, according to court documents.

(Snip) agreed to meet the decoy at a Portland hotel. When he showed up, he was taken into custody. When officers moved in and arrested (snip), he was found to be in possession of $1,144, the cellphone that matched the number the undercover officers had been texting, 2 condoms and a packet of lubricant.

(Snip) was booked and then later released from the Multnomah County Detention Center.

He is scheduled to appear in court Friday for his arraignment.