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Promote a hotel room in adult website for swinger and affair site can be considerer as prostitution by the law ? Our goal is to put to adult who voluntary accept a metting in a Hotel we are planing to open a website and we are considerer (book a room Now button) ?
Optional Information: Country relating to Question: United States State (if USA): Oklahoma Already Tried: Reading about internet sex crime and others
Hello and thank you for the opportunity to assist you. There might be a slight delay between your follow ups and my replies as I am typing out my answer, or taking a quick break. Please remember that this is general information only, not legal advice, and no attorney-client relationship is formed.Prostitution is partly defined in Oklahoma as:§21 1025: Bawdy house, etc. Penalty Every person who keeps any bawdy house, house of ill fame, of assignation, or of prostitution, or any other house or place for persons to visit for unlawful sexual intercourse, or for any other lewd, obscene or indecent purpose, is guilty of a Misdemeanor and upon conviction shall be fined in any sum not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense.§21 1026: Disorderly house Every person who keeps any disorderly house, or any house of public resort by which the peace, comfort or decency of the immediate neighborhood is habitually disturbed, is guilty of a misdemeanor.§21 1027: Letting building for unlawful purposes Every person who lets any building or portion of any building knowing that it is intended to be used for any purpose declared punishable by this article, or who otherwise permits any building or portion of a building to be so used, is guilty of a misdemeanor.So is this prostitution? Possibly. There is the possibility of the prostitution law being overly broad. In Broadrick v. Oklahoma, 413 U.S. 601 (1973), the Court states "[W]here conduct and not merely speech is involved, we believe that the overbreadth of a statute must not only be real, but substantial as well, judged in relation to the statute’s plainly legitimate sweep."Swing clubs have traditionally kept a quiet scene for a reason. Even though their activities are legal by most jurisdictional definitions of prostitution, they still want to keep out of the limelight to avoid publicity. Overzealous prosecutors egged on by conservative coalitions may prosecute the individuals involved in such affairs and then have a jury of 12 peers decide whether swinging is prostitution or not, which is embarrassing, even if someone is eventually found not guilty. In addition, prosecutors often find miscellaneous charges to fit as well - serving alcohol without a license, business without a license, etc.Ergo, most swinging activities are advised to be private affairs. Clubs generally hold activities at their premises and not in hotels because a hotel employee may call the police thinking that actual prostitution is going on, and then the whole matter blows up in everyone' faces.Ergo, it is best not to utilize hotels for official functions and keep to a club premises or private home.I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is concluded/rated by you; I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.
Well my website is not going to be in Oklahoma this website is to be use arround the world and all over USA just for Adult People who Accept to be Part of this organization or group they have option to book a dinner a date and also a room in a Hotel from arround the world and all USA
If we estipulate at the beginning with Warning and TOS te be clear about this site is not to practique or soliciting prostitution also if both party agree to press the button GET a ROOM both have to agree on pay same equal amount of money for this service
i understant prostitution is when someone receive money in exchange of sex
but if both party pay same equal amount of moeny to get a ROOM anywhere in USA and agree to not recive anything in exchange exept the Hotel Room .
So far this is what i found
The First Amendment to the U.S. Constitution offers one level of legal protection, allowing for people to associate with whomever they choose. The second level comes from the federal Communications Decency Act of 1996, which affords those who operate Web sites broad protection from the consequences of content the sites did not generate...The paying of money does not in any way change that dynamic. Nothing is illegal about creating a site that people use to meet up, even if the purpose of the meeting is for sex. And as long as people not associated with the Web site are creating content - ads or profiles or what have you - the site itself is not responsible for that content."
Thank
Hello,I was using OK law, but you will find similar law and similar attitudes in all jurisdictions.If we estipulate at the beginning with Warning and TOS te be clear about this site is not to practique or soliciting prostitution also if both party agree to press the button GET a ROOM both have to agree on pay same equal amount of money for this service...The First Amendment to the U.S. Constitution offers one level of legal protection, allowing for people to associate with whomever they choose. The second level comes from the federal Communications Decency Act of 1996, which affords those who operate Web sites broad protection from the consequences of content the sites did not generate...The paying of money does not in any way change that dynamic. Nothing is illegal about creating a site that people use to meet up, even if the purpose of the meeting is for sex. And as long as people not associated with the Web site are creating content - ads or profiles or what have you - the site itself is not responsible for that content."You are quoting Matt Zimmerman. You are not quoting a Court's legal opinion that sets precedent, but an opinion of a pundit. His quote carries no legal weight. One can argue ad nauseum about the Constitutionality of swinging. That is not what I am talking about. While there is a constitutional basis for engaging in swinging and you are free to do so, this will not stop the local authorities from attempting to prosecute you under guise of prostitution. If you wish to risk being pulled into court and becoming a local news spectacle and have your name forever be attached to a local scandal in order to possibly set precedent for the matter, you are free to do so.I am simply telling you that using third party hotels is not a good idea because this leaves too many red flags and the authorities are bound to step in and investigate. Again, for that reason, swingers generally only practice their matter in swinger's clubs (registered as private clubs and generally not touched by the police) or at home.While the legal system tries to be inclusive of every possibility, sometimes people are morally wronged but have limited avenues to seek relief. Please understand that this is not the expert’s fault. Surely, you prefer that I tell you the truth rather than what you wish to hear. Please keep this in mind when rating my answer. I understand that this may not be easy to hear, and I empathize.I hope this finds you well. Please remember that I do not get credit for my time with you unless the answer is concluded/rated by you; I work very hard to formulate an informative answer for you – please reciprocate my good faith. If you still need information, hit reply so we can chat until you are satisfied. You may always come back to it to ask follow ups on this topic free of charge.
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