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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22591
Experience:  Handle criminal matters in both state and federal courts.
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What if I as an escort for my TIME draw up a short contract

Customer Question

What if I as an escort for my TIME draw up a short contract that says:
Your donation today is for my time, not any flirtation or physicality, any flirtation or physicality is determined by our chemistry & if acted on, is done so as 2consenting adults.by signing this you agree that your donation today is for my time ONLY.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Samuel II :

Hello

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard

Samuel II :

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:

Samuel II :

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.

Samuel II :

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

Samuel II :

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

Samuel II :


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.

Customer:

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.

Samuel II :

I can only provide the law, which is what I did

Samuel II :

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

Samuel II :

If you read the law that I Provided, it states that "Consent" is not a defense.

Samuel II :

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

Samuel II :

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.

Customer:

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?

Samuel II :

NoNo

Samuel II :

That would not be prostitution

Samuel II :

You never asked for money in return for sexual favor.

Samuel II :

But if you have a written agreement that could be used against you

Customer:

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?

Samuel II :

Yes. That is legal. You can be an escort legally.

Samuel II :

But when you start putting sex in the mix, you could have problems

Samuel II :

All I am trying to explain is you need to keep the 2 separate and apart

Samuel II :

If you are getting paid to escort, then you need to go home or elsewhere when that "date" ends

Samuel II :

You cannot say "oh we hit it off now come home with me"

Samuel II :

That could be construed as prostitution.

Samuel II :

If you hit is off, then you can make plans to go out on an Unpaid date with him

Samuel II :

and do whatever you want at that time

Samuel II :

And if he leaves you money, then so be it

Samuel II :

You never said I will have sex with you but it will cost such and such amount

Customer:

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?

Samuel II :

Yes

Samuel II :

And I am glad that I was more clear and specific for you That is the great thing about this dialogue process.

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22591
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 6 other Criminal Law Specialists are ready to help you
Expert:  Samuel II replied 1 year ago.

Hello

If you have more questions, we can continue here.

Thank you and good luck

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Samuel II
Samuel II
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Handle criminal matters in both state and federal courts.