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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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is it illegal to post explicit sex desires on craigslist, not

Resolved Question:

is it illegal to post explicit sex desires on craigslist, not for money, but for a temp relationship, and not a photo
Submitted: 5 years ago.
Category: Legal
Expert:  Ely replied 5 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

The answer is maybe. First, while you may be posting for relationship purposes, the authorities may attempt to indict you on charges of prostitution nonetheless, charing that you were simply using the relationship category to avoid scrutiny of other ore explicit categories. This is not unusual - many individuals who actually are soliciting more than relationships use codes such as "roses" and "friends" when they really mean "money" and "sex." So it is a risk, and the authorities may charge you with MGL c.272 s. 53A still - "Engaging in sexual conduct for a fee; penalty."

http://www.malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter272/Section53A

So it is not illegal per se, but can be perceived as such. It is a risk.

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Customer: replied 5 years ago.
so if one explicitly states that the intent of the relationship is for a personal relationship and not for compensation, and never asks or gives or indicates in any way that it is transactional, but is personal, that would help clarify from the git go?
Expert:  Ely replied 5 years ago.
This would help strengthen the position that this is a legitimate advert, but I cannot guarantee that it would avoid interest from the authorities.

In the end, the proof standard for them to convict is beyond a reasonable doubt, of which there would be plenty of here. However, you might still have to endure the authorities looking into the matter, which would be intrusive, and you'd risk an arrest (if not a conviction).

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

If you feel that I went an extra step to help, a bonus is always appreciated!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

You can always request me for a future advice through my profile at…

http://www.justanswer.com/law/expert-attorneyeli/

…if you do this, make sure to begin the question with “This Question is for Eli…”
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