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Following up on a previous question regarding a patron

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visiting massage palor(s) and receiving...
Following up on a previous question regarding a patron visiting massage palor(s) and receiving massage with handjob at the end: If he is not caught in the act during a raid, can he be investigated and procecuted if caught on police camera installed inside or outside the spa/parlor for investigative purposes? Or the only way he can be prosecuted/investigated if he is caught in the act in person during a raid?
Submitted: 2 years ago.Category: Criminal Law
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Customer reply replied 2 years ago
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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,880
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello,

The fact that he may be videoed on camera coming in or out of an illegal massage parlor is not good enough evidence to charge him with a crime. He has to have been seen or heard to exchange money for sexual favors.

If he is videotaped in the room itself, then yes, if he's identified he can be prosecuted for misdemeanor soliciting of sexual favors. But the "johns" who patronize these establishments for sex are not the police department's primary objective in raiding these places. They are lookiing to close the businesses, because the owners are violating many serious Federal laws including immigration violations and international trafficking in women.

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Customer reply replied 2 years ago
Thanks Zoey for the quick responseSo, although the primary objective of the police is not patrons, but if prosecuted what is the potential penalty/jail time? Is it different, for sex, handjob and etc. The patrons can be required to testify, right?Also, what is the definition of misdemeanour? Is it noted as a crime on patron's records? Moreover, if they are not primarily looking to prosecute "johns", if "john" is caught on camera in room, in your experience, do you think the police might still look past the patron and focus on parlor and person providing service?
Customer reply replied 2 years ago
Also, can the arrest and prosecution be kept private/anonymous or police/court will not allow that?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 2 years ago

In the US, crimes are felonies and misdemeanors. Felonies are indictable crimes and can result in a sentence of more than a year of prison. Misdemeanors are lower level offenses. In California, the maximum possible penalty for someone arrested for this crime would be 6 months of jail and/or a fine of up to $1,000. Typically, if you wanted to resolve this with a plea rather than go to trial, the state would offer you a fine. It would be wise to let a lawyer negotiate a deal which would allow the defendant not only to pay a fine but to plead to a different charge, such as disorderly conduct to keep a sex related conviction off of his record.

I don't think the police would put a camera in the room. If they get that far, they will already have found who works there and closed the place down. If the massage parlor taped its patrons they would focus primarily on the workers, but the massage parlor would have to be crazy to want to videotape illegal activities. Much too incriminating.

Arrests are matters of public records. Courts are open to the public and the defendant would have to appear or a warrant would issue for his arrest.

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