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Thoreau (T-USA)
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Is there any legal way to get if your a customer or give if

Resolved Question:

Is there any legal way to get if your a customer or give if your a massuse a happy ending to a massage. What are the actual laws.
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 4 years ago.


No. The exchange of sexual gratification in exchange for money constitutes prostitution. Prostitution is unlawful.

The actual law is located at the following link.
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0796/SEC07.HTM&Title=->2009->Ch0796->Section%2007#0796.07

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Customer: replied 4 years ago.
im writing a paper on it so i just need the laws and the loop holes really...what if the massasge is the same price with or without the sexual gradification. If the ending was purely said to be mutual between the two people
Expert:  Thoreau (T-USA) replied 4 years ago.


In that context, personally, I think the people would get prosecuted for prostitution, even if "additional" compensation isn't exchanged. In that case, I think the state would claim that it was included in the massage. It would probably be a hard sell for the defense to convince a jury that the two people, who were otherwise engaged in a business relationship, suddenly decided to get personally sexually involved in the place of business (particularly if the happy ending didn't involve full intercourse, as the masseuse really doesn't have any incentive to do it aside from compensation), particularly due to the history of masseuses. If the state could show it was included in the massage as part of the package (even if it was optional), it would be prostitution.

Of course, if someone gives his significant other a massage with a happy ending that's a different matter, as money isn't exchanged. And, if the defense could find a way to show that it was really all fun and not business related, it could be a defense. However, I wouldn't want to try and sell that story in that context because I don't think it's believable at all. It would be more believable if the masseuse had an intimate relationship with the customer, in which case it might make more sense for the customer to pay for professional services and then engage in sexual relations immediately thereafter, though it would still have the outward appearance of prostitution and it would still seem an unreliable defense. But I think a jury would be more likely to buy that.

For your paper, you'll want to look at the statute and think heavily about what kind of conduct falls within the prohibited range. That said, the statute is broad with the definition of prostitution.

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Customer: replied 4 years ago.

thats more what im looking for..but what if its at someone house...as in they run the massages out of their house? if thats not legal either how do people advertise for example on craigs list for massages or even escorts under the adult section...where payment is a commonly known part of the deal

Expert:  Thoreau (T-USA) replied 4 years ago.

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A massage or escort in exchange for payment is fine. Sexual favors in exchange for payment are not. It doesn't really matter where it takes place (home, business, etc.) if payment is exchanged for sex.

People get away with it on a classifieds site either:
1. Because they're not actually advertising sex in exchange for money (though, if they engage in sexual activities in exchange for money, regardless of what they market, they're committing prostitution);
2. Because law enforcement doesn't have the resources or doesn't care enough to pursue the individuals.

Of course, as you know, something isn't legal simply because some people can get away with it.

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Sincerely,Customerbr />
_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Customer: replied 4 years ago.
yeah i agree the again the problem is, escort is assumed to be sexual favors but again assumptions are nothing that can held agasint you especially in court.
Expert:  Thoreau (T-USA) replied 4 years ago.

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That's the way I see it.


Of course, assumptions do taint triers of fact, which is why I feel it would be hard to convince a jury with some of the hypothetical defenses discussed above. Regardless, you have to have a basis for a trial before that matters.

Of course, none of that stops law enforcement from engaging in sting operations to get people on classifieds sites and I'm sure that some municipalities do so. However, I don't think it's at the top of law enforcement's priority list, which is why it persists classifieds sites.

Please remember to click Accept and leave Positive Feedback so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does not close the question and you are still welcome to ask follow-up questions if you need clarification.

Sincerely,Customerbr />
_____________________________________

Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential.Customeris not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. Customerdoes not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 5 other Criminal Law Specialists are ready to help you
Customer: replied 4 years ago.
thank you very much this gave me a good starting point to get this thing rolling.

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