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Is this illegal

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Last week, I was walking...
Last week, I was walking home very late at night when two young women pulled up next to me in a nice sedan and offered me a ride. I gladly accepted. We parked by my apartment and the women offered to hang out in exchange for money. I told them I would not pay for sex but if they just wanted to hang out and "see what happens", that would be fine. I told them I felt OK paying them $200 to hang out for the rest of the night as I was sad, bored and lonely. We went to a nearby ATM and then to my apartment, where we had drinks and sporiadic sexual messing around (no intercourse). An hour or two later I began to get suspicious and checked my wallet, and found my credit cards and ATM card missing. I had a brief tussle with the women and the took off, with my in pursuit. They drove away and I called the police, who encouraged me not to make a report and just cancel my cards. If I make a report now, can I be charged with solicitation or anything like that? This is in Manhattan, NY.
Submitted: 10 years ago.Category: Criminal Law
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1/4/2008
Criminal Lawyer: Attorney & Mediator, Lawyer replied 10 years ago
Attorney & Mediator
Category: Criminal Law
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Yes, it is possible that you can be charged with solicitation of prostitution, because it is very unlikely that someone can believe that you would pay two unknown females $200.00 just to hang out, especially since there was sexual contact (although no intercourse). In the New York penal codes sexual contact is defined as:

"Sexual contact" means any touching of the sexual or other intimate
parts of a person not married to the actor for the purpose of gratifying
sexual desire of either party. It includes the touching of the actor by
the victim, as well as the touching of the victim by the actor, whether
directly or through clothing.
This is why you have been discouraged to file a police report.

Such an offense is considered a Class B misdemeanor with a potential punishment of up to three months jail time and/or a fine up to $500.00 and of course a criminal record.


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Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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Customer reply replied 10 years ago
but isn't that the concept of escorts? that you can pay someone for companionship and "whatever happens, happens?"
Customer reply replied 10 years ago
and am i under any olbigation to mention sexual contact? can i just say these women were over? hanging out? having drinks?
Criminal Lawyer: Attorney & Mediator, Lawyer replied 10 years ago
No, that is not my understanding of escorts. The law does not provide an exceptions for escorts. What the main focus of the law is paying in exchange for sex, this is criminal.

When you file a police report you do so under penalty of perjury that the report is accurate and correct statement of facts. Although an omission of fact is not perjury, you will definitely be questioned about why you did not mention the sexual contact if these girls are ever found and they state their side of the story.

The decision is up to you.

Please accept my answer for the work I have provided you and to close this window. Thank you for using Just Answer.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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