Recently I was curious as to inquire about an escort through an ad from a site. I initially sent a text asking what exactly the escorts services insisted of. I did not ask about a price. In a phone conversation I inquired what exactly service was offered, and then asked how long. No price was mentioned whatsoever, just what the escort was hinting at, which consisted of "what two people do in a bed", and how long the service lasts. I quickly hung up. I then sent a text message via cell phone saying that I don't know how safe it is, and that I would rather not risk jeopardize what I have going in my life at the moment. I've read various things online relating to this question, but I feel I need to ask myself.I'm worried about two things. One, can I be arrested for the above? And two, if for some reason there was a bust and this escort was caught, in the event they go through their phone, would the be able to arrest me because of my text? I appreciate the feedback. This has been weighing on my mind heavily, and is something I regret.
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Under Tennessee law, anyone who patronizes/solicits prostitution can be convicted of a Class B misdemeanor. "Prostitution" means engaging in, or offering to engage in, sexual activity as a business or being an inmate in a house of prostitution or loitering in a public place for the purpose of being hired to engage in sexual activity; and "Sexual activity" means any sexual relations including homosexual sexual relations.
With respect to your first question, I think that it's borderline. It can certainly be argued that when you called an escort service, you knew the type of business they engaged in, and you knew that it wasn't free. The fact that you didn't accept or offer money isn't a necessary element of the crime. That said, the only way you could be arrested would be if the phone lines were somehow tapped and the police were listening into your conversation. The chances of that actually having happened are super, super remote. I doubt very much that the police were monitoring the calls, so I don't think you have to worry.
As to your second question, yes, I think they could, because you still engaged in patronizing the service by contacting them. Again, the statute (law) doesn't require that you say "yes" or pay money. It's enough if a prosecutor can establish that you contacted the escort service to discuss getting sex knowing that you'd have to pay.
But again, you are worrying yourself and beginning to imagine every "what if" scenario. For your scenario to happen, the police would first have to arrest the person you spoke to, then think to go through the phone, THEN subpoena records to track you down, then try and find you. They're not going to spend the resources on a minor misdemeanor crime.
While I wouldn't recommend contacting these types of businesses again, I really do think you have nothing to worry about.
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