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Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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Can one be arrested for calling an escort and not turning up?

Resolved Question:

Can you get arrested for calling an escort and arranging to meet her for 150 an hour and not going? I mean the only thing we talked about was a price to meet. No criminal activity was discussed and I never left my home.

Submitted: 5 years ago.
Category: Criminal Law
Expert:  Joseph replied 5 years ago.

Prostitution laws do not require that any sex act actually occur, they only require that there be an agreement to perform a sex act in exchange for money. So, if your discussion included an agreement to perform a sex act in exchange for money, then yes, you could be arrested.

However, you did not indicate that in your statement, you only indicated were "arranging to meet". If that's all you did, then there would not be an arrest as no criminal activity occurred.

As a note, I would also suggest that an arrest seems unlikely in any situation. In my time as a prosecuting attorney and as a defense attorney, I have never seen law enforcement arrest people for allegations of prostitution over nothing more than a phone call. Instead, they would prefer to have some overt act, such as going to an arranged meeting location, before effectuating an arrest.

Please let me know if anything requires clarification.

I hope you found my answer helpful.

Customer: replied 5 years ago.

So as long as no act of sex or even the word sex was used I technically broke no law. Also, I have not left my house and have no intention of doing so. I did call from my home number but that is all. I called late around 11:30 PM, would the time I call influence an arrest?

Expert:  Joseph replied 5 years ago.

The police are not going to effectuate an arrest over nothing more than an implication of sex, they are going to need an actual discussion of some sex act. Without that, there won't be an arrest.

As to the time, I would suggest that this element is not much of a factor. After all, people engage in sex acts at all times of the day.

I hope you found my answer helpful. Thank you and good luck!

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