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

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Old 09-18-2013, 01:38 AM   #1
frontman667
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Join Date: Oct 31, 2012
Location: Sacramento, CA
Posts: 100
Talking Hobby Friendly defects in Anti-Sex Trafficking law and Cal. Prop. 35

These are natural defects I found in the Federal Anti-Sex Trafficking law, California Prop. 35, and Rhode Island Prostitution laws. I was shock to find these defects to be hobby friendly.

“The term “commercial sex act” means any sex act, on account (billed statement of the sex act) of which anything of value is given to or received by any person.” - 18 USC § 1591

“ (2) "Commercial sex act" means sexual conduct on account of which anything of value is given or received by any person.” –California Penal Code 35
“ (2) "Commercial sexual activity" means any sexual conduct which is performed or promised in return for a fee.” –Rhode Island SECTION 11-34.1-1 ( This law deals with sex act that is performed (pass tense) and get a fee in return. If a hobbyist pays for the sex in advance, the sex can be noncommercial. A loan according to UCC is commercial.)

“ Account. A detailed statement of mutual demand of debit and credit between parties arising out of contracts or some fiduciary relationship. A statement in writing, of debits and credits, or of receipts and payments; a list of items of debits and credits with their respective dates. “ – Black Law’s Dictionary 6th Edition.

“Person. In general usage, a human being (ie. Natural person), though by statute terms may include labor organizations, partnership, associations, corporations, legal representative, trustees, trustees in bankruptcy, or receivers. “ –Black Law’s Dictionary 6th Edition.

That means that there is a bill of statement from a legal entities must be issued for the sex act and you pay with something of value to settle the account in order for the sex to be commercial.

If the escort or the escort agency did not open an account, not issue you a bill, and you did not pay the bill, the sex can be noncommercial.
It depend what the judge or the judges say on the issue. The judges can make his own definition of account. This section of the anti-sex trafficking law is colorable which means it is a sketch from the legislators and Congress. The master painters are the judges. He must color it to become law. If you don’t like the defects, then change the law.

“In the universe there is infinite ways to look at something. The universe provides infinite possibilities.” –frontman667

Disclaimer
Not legal advice. Just fun legal theories.

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