Criminal Law Questions? Ask a Criminal Lawyer.
Good afternoon. I'll be assisting you with your question.
Could you explain a little further what you intend to put in the contract?
Good Afternoon, i was going to put: sex for money is illegal, any exchange for money is for time and companionship and anything that happens outside of this contract is between two consenting alduts
OK. I understand. Simply putting in a contract that the money was not exchanged for sex will not prevent you from being charged. In fact, a savvy prosecutor would be able to use that to prove you knew something illegal was going on. If it were that simple, prostitution would be basically impossible to prosecute.
so in other words, just to see where my intentions lies the undercover cop will sign the contract and wait for me to make a fals move ?
Correct. They will take all the circumstances into consideration. What they would probably do is wait for you to make a "move," then back off and start talking money.
If you cease at that point you will be OK.
they CANNOT arrest me if i don't infer in anyway that the money i am giving the escort is for sex,right?
Correct. They have to prove that there was an exchange of money for sex. That is an essential element.
Keep in mind, however, they will take all the circumstances into consideration.
ok now how far will an undercover cop go to see where my intention lies. If they start talking about money, i evade the question or i decide to leave will they go after me? and if my keep my distances between the escort and me, will the cop make a "move" ?
Whenever the opportunity presents itself, the undercover will bring up money. IF you say you aren't paying for sex, and no money ever exchanges hands, if will be difficult for them to prove a case.
so money has to be exchange in hands ? because if i am paying for her time, i will give her the money in hand. They will arrest me for that?
No, money has to be exchanged for sex.
It all has to do with the circumstances. For example, did you give her money at the beginning and then immediately begin sex? If so, the circumstances would not be in your favor.
However, if you gave her money, you went on a date or watched a movie, etc, then you had sex, those would be better facts for you.
but i was researching and people that did that still got busted because the undercover cop played everything up until that point
No two circumstances are exactly the same. For example, an undercover officer is not going to spend the evening going to dinner and a movie. At least, not in the cases I'm familiar with.
The reality is that everyone knows what escort services are for, so anytime you hire an escort, you are going to be under suspicion.
ok an escort she is there to please me and not engage in sexual activity, now if i ask her to get naked so i can take pics, is that a crime ?
No, that is not a crime.
ok will an undercover cop get naked ?
I've never seen one go that far.
they will always want to have control of the situation therefore going on a date, posing for nude pics is not allowed?
I can't say it isn't allowed, but it would be highly unusual.
so is it highly unusual for a undercover to want to arouse me, to make a wrong move ?
Yes, I've never seen a case where they would actually get naked. Also, they won't want to spend an evening with you since that would basically mean they could only make one case that night.
so if i keep my distances, there nothing to worry about and writing the contract is useless ?
Writing the contract is not helpful.
Can I help you with anything else?
once somebody gets a record for prostitution, it stays on ur record for ever?
no way to expunge it?
Once convicted, no, not in Florida.
if im not convicted, it not on my records but the arrest stays ?
If you are arrested, but never convicted, you can have the arrest expunged.
how much is that ?
It depends on the lawyer, but you should expect to spend at least $500.
and how long should i wait until it is expunge?
Once the statute of limitations has expired, which is 2 years.
i almost forgot to ask, will the undercover cop touch my genital? or any part that could arouse me ?
what is the distance a cop will want to keep from me?
There is not a legally required distance.
this is a silly question but if i decide to get naked while the session is going on but keep my distances, no touching or anything. Getting naked is not a crime regardless of the situation? as long as i am in a closed area and it doesnt bother any outsiders
That is not a crime. Again, the crime is to exchange money for sex.
so agreeing and inferring that in anyway possible is where they can prove that in court?
I think you are overcomplicating this.
if they have no way to prove it, then why arrest me?
I never said they would arrest you.
people tell me that all the time. im sorry im just ocd about considering every single possibilty
it makes decision making long and annoying for me
so they will never arrest if there's isnt a chance for a conviction?
The police will only arrest if they think they have a case.
even if its 10% of chance?
You can't judge it by %. It isn't a mathematical decision.
well thank you very much, i appreciate you being patient with me.
Glad to help.
im sorry if i have annoyed you
If there isn't anything else I can do for you, please remember to "rate" my answer. Good luck.
you dont have 99% feedback rating for nothing? you get a positive one from me too
Have a good night