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socrateaser
socrateaser, Lawyer
Category: Criminal Law
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Experience:  Retired (mostly)
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Is a topless or nude maid service legal Or is this prostitution

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Is a topless or nude maid service legal? Or is this prostitution? Could I be arrested for a girl being nude in my house cleaning or dancing or anything else? (Duval County, Fl)

Lewdness is a crime under Florida law. The problem for law enforcement is that it can't easily discover what is occurring within the confines of your home unless it has probable cause to believe that a crime is being committed inside.

 

Whether or not you could ever be arrested and charged, would largely be based upon whether the person providing the service were to complain to law enforcement. That person would be the principal in the crime and you would be the accomplice, which would make you equally culpable. So, it wouldn't be likely for them to complain, beause they would be convicting themselves.

 

Short answer: criminal, but nearly impossible to prosecute.

 

 

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Customer: replied 8 years ago.
If lewdness is illegal then how do topless bars and strip clubs operate?

The statute doesn't define vulgar or indecent, and it expressly states that it is okay to be naked in a place "provided or set apart for that purpose."

 

So, there's enough wiggle room for someone to claim that they are engaged in 1st Amendment proteted freedom of expression, if permtted by the community -- which is how places like topless bars survive.

 

There is an outside limit to what the government can control. One person's lewdness is another person's "artistic dance."

 

 

Terms and Conditions: By your continuing in this conversation with me, or by your clicking "Accept", you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

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