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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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Hello, I answered an online ad for someone who wants to have

Customer Question

Hello, I answered an online ad for someone who wants to have someone watch them have sex. It is something I am interested in, so I emailed them. For safety, we would meet in public and then in a hotel, etc. They also want a donation for the "show" or "real in person porn" experience, I guess you could say. I know offering money for sex (intercourse, or other direct sexual contact) is illegal, but what about for no contact and for simply visual entertainment (similar to paying to going to an adult theater, for example, except this will be in the same room)? Is this illegal. I would be offering them an amount via email, again, for simply watching them have sex. Is there a legal problem with this (offering money to watch sex) since there won't be any contact?
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

Customer:

ok

ScottyMacEsq :

It's quite possible that this could be interpreted to be prostitution. I have not uncovered any support for "webcam" or "live show" prostitution prosecutions in Alabama, however it's not outside the realm of possibility. Here's the law:

ScottyMacEsq :

Section 13A-12-110: Definitions
The following definitions are applicable in Sections 13A-12-111 through 13A-12-113:

(1) ADVANCE PROSTITUTION. A person "advances prostitution" if, acting other than as a prostitute or a patron of a prostitute, he knowingly causes or aids a person to commit or engage in prostitution, procures or solicits patrons for prostitution, provides persons or premises for prostitution purposes, operates or assists in the operation of a house of prostitution or a prostitution enterprise.

(2) PROFIT FROM PROSTITUTION. A person "profits from prostitution" if, acting other than as a prostitute receiving compensation for personally-rendered prostitution services, he accepts or receives money or other property pursuant to a prior agreement with any person whereby he participates or is to participate in the proceeds of prostitution activity.

Section 13A-12-111: Promoting prostitution in the first degree
(a) A person commits the crime of promoting prostitution in the first degree if he knowingly:

(1) Advances prostitution by compelling a person by force or intimidation to engage in prostitution, or profits from such coercive conduct by another; or

(2) Advances or profits from prostitution of a person less than 16 years of age.

(b) Promoting prostitution in the first degree is a Class B felony.

Section 13A-12-112: Promoting prostitution in the second degree
(a) A person commits the crime of promoting prostitution in the second degree if he knowingly:

(1) Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by two or more prostitutes other than the defendant; or

(2) Advances or profits from prostitution of a person less than 18 years of age.

(b) Promoting prostitution in the second degree is a Class C felony.

Section 13A-12-113: Promoting prostitution in the third degree
(a) A person commits the crime of promoting prostitution in the third degree if he knowingly advances or profits from prostitution.

(b) Promoting prostitution in the third degree is a Class A misdemeanor.

Section 13A-12-120: Prostitution defined
For the purpose of this division, the term "prostitution" shall mean the commission by a person of any natural or unnatural sexual act, deviate sexual intercourse, or sexual contact for monetary consideration or other thing of value.

Section 13A-12-121: Prohibited activities
(a) No person shall commit an act of prostitution as defined in Section 13A-12-120.

(b) No person shall solicit, compel, or coerce any person to have sexual intercourse or participate in any natural or unnatural sexual act, deviate sexual intercourse, or sexual contact for monetary consideration or other thing of marketable value.

(c) No person shall agree to engage in sexual intercourse, deviate sexual intercourse, or sexual contact with another or participate in the act for monetary consideration or other thing of marketable value and give or accept monetary consideration or other thing of value in furtherance of the agreement.

(d) No person shall knowingly do any of the following:

(1) Cause or aid a person to commit or engage in prostitution.

(2) Procure or solicit patrons for prostitution.

(3) Provide persons or premises for prostitution purposes.

(4) Receive or accept money or other thing of value pursuant to a prior agreement with any person whereby he or she participates or is to participate in the proceeds of any prostitution activity.

(5) Operate or assist in the operation of a house of prostitution or a prostitution enterprise.

Section 13A-12-122: Violations
Each violation of this division is a Class A misdemeanor.

ScottyMacEsq :

The main issue is 13A-12-121(b). Note that there does not actually have to be contact with you.

ScottyMacEsq :

For instance, if you hire a prostitute for your son on his 18th birthday (some people do this), that would qualify. The son would not be liable, but the person that pays the bill would be.

ScottyMacEsq :

Now ultimately the question is how far this goes. Typically the individuals in webcam shows are willing participants, and otherwise outside of the jurisdiction of the local authorities.

ScottyMacEsq :

If it is clear that there will be no sex if you don't pay, then that would be the most difficult aspect. If it's a true donation, then it could be argued that the sex was not for money, but rather that was discretionary on your part.

ScottyMacEsq :

(this is a flip side of the escort defense, in that for the sex was not for money, but was discretionary on the part of the escort)

ScottyMacEsq :

So if you were to do this, you should make certain that you never indicate that you're giving anything of value (money or otherwise) in exchange for watching them.

Customer:

Alright. That's a shame.

ScottyMacEsq :

The "donation" needs to be a true donation, in that even if you didn't pay anything, you could still watch.

ScottyMacEsq :

Otherwise, it would be paying for that, and would not be a defense should a prosecutor seek to prosecute.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 12230
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Another quick question. If I replied saying something like "I won't pay you for watching sex, but I'll give you $75 for gas" would this be a work around or still not be good in the eyes of the law, since the subject of the email is "come watch me and by bf" ? Thanks

Expert:  ScottyMacEsq replied 1 year ago.
That would probably be less likely to be okay, not more. Again, it's based entirely on conditionality, in that a condition is for them to have sex in front of you in exchange for getting the money would be "something of value" in exchange for the sex. It would have to be entirely separate. Now you could treat it somewhat like an escort situation, in that you would pay for a "performance" (such as stripping, dancing, etc...) and while you're absolutely not paying for them to have sex (and the money is not contingent upon them doing so) you would not be opposed to it. Again, anything given in value in exchange for the sex would be prostitution. Take away one of those two elements, and it wouldn't be.

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ScottyMacEsq
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