Criminal Law Questions? Ask a Criminal Lawyer.
HelloMy name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard
Unfortunately, under Minnesota law, I suggest, such a contract would not be a defense against a charge of prostitution as the Minnesota law states the following:
609.325: DEFENSES Subdivision 1. No defense; solicited; not engaged. It shall be no defense to a prosecution under section 609.322 that an individual solicited or induced to practice prostitution or whose prostitution was promoted, did not actually engage in prostitution.
Subd. 2. Consent no defense. Consent or mistake as to age shall be no defense to prosecutions under section 609.322 or 609.324.
Subd. 3. No defense; prior prostitution. It shall be no defense to actions under section 609.322 that the individual solicited or induced to practice prostitution, or whose prostitution was promoted, had engaged in prostitution prior to that solicitation, inducement, or promotion.
Subd. 4. Affirmative defense. It is an affirmative defense to a charge under section 609.324 if the defendant proves by a preponderance of the evidence that the defendant is a labor trafficking victim, as defined in section 609.281, or a sex trafficking victim, as defined in section 609.321, and that the defendant committed the act only under compulsion by another who by explicit or implicit threats created a reasonable apprehension in the mind of the defendant that if the defendant did not commit the act, the person would inflict bodily harm upon the defendant.
AND as such, I suggest that you could have such a contract, but if you had any type of sexual relations with that person you are escorting the same day that you are escorting, you could still be charged with prostitution
I suggest that if there is to be any type of sexual or physical contact that it would have to take place at a different time
I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated.
Well I certainly do not understand the way the law reads exactly. And I guess I kind of "get" your answer. Although in no way ever would money or physicality ever be spoken about, ever. I guess I was looking for a little more direct & "plain speak" here rather then a typical mainstream response. Soooo I guess thank you.
I can only provide the law, which is what I did
And My point is that if anything is in writing it still is no defense, if you are accepting money and it turns sexual on the same time and date
If you read the law that I Provided, it states that "Consent" is not a defense.
So if even if you have an agreement saying that if it consensual adults, the money is still for time only, I suggest you could still be charged with a crime
Please remember, I dont write those laws. But I want you to be cautious as to how you proceed and knowing that it is not a defense.
So if I go to the movies with a guy he pays, I hell him about my major bill problems and he comes back to my place we flirt & decide to take it to the next level and after he's gone I discover he left me some cash on my kitchen counter, that I didn't ask for & he never mentioned..... then would it be concluded that I just acted as a prostitute?
That would not be prostitution
You never asked for money in return for sexual favor.
But if you have a written agreement that could be used against you
I guess I just don't get it! Paying for my TIME is a legal & legitimate thing? Right? So how would acknowledging your paying for my TIME has anything at all to do with sex. What if I hung out with a guy for 20 minutes and he was supposed to donate $ for my TIme and after a while I found him repulsive. & he leaves we don't so much as hug...what then? Is that not perfectly legal?
Yes. That is legal. You can be an escort legally.
But when you start putting sex in the mix, you could have problems
All I am trying to explain is you need to keep the 2 separate and apart
If you are getting paid to escort, then you need to go home or elsewhere when that "date" ends
You cannot say "oh we hit it off now come home with me"
That could be construed as prostitution.
If you hit is off, then you can make plans to go out on an Unpaid date with him
and do whatever you want at that time
And if he leaves you money, then so be it
You never said I will have sex with you but it will cost such and such amount
Ok very good I "get you" a lot better now. I guess what I'm trying to do is not DEFEND an act but rather outline my legal boundaries, as I have no plans to get into any kind of trouble. My last thought is would one be safe to "screen" your friends real well, & just let things progress in whatever way they do without ever putting anything in writing? Would that actually be safer?
And I am glad that I was more clear and specific for you That is the great thing about this dialogue process.
HelloIf you have more questions, we can continue here.Thank you and good luck
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).