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To pay for a sensual body rubs......if both parties are nude…

Customer Question
To pay for a...

To pay for a sensual body rubs......if both parties are nude but no "private" parts are touched. Is it illegal?

Lawyer's Assistant: In what state did this occur?

Arkansas

Lawyer's Assistant: Have you talked to a lawyer yet?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What specific thing causes an act that is paid for to be illegal? For example, is just sex illegal or is mutual touching illegal too? Donations? If no dollars are discuss and a donation is given, is that illegal? Basically, where is the line between legal and illegal acts?

Submitted: 7 months ago.Category: Criminal Law
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Answered in 7 minutes by:
9/29/2017
Criminal Lawyer: P. Simmons, Lawyer replied 7 months ago
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 36,970
Experience: 16 yrs. of experience including criminal law.
Verified

Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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Criminal Lawyer: P. Simmons, Lawyer replied 7 months ago

Can you tell me, is there money involved in this transaction?

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Customer reply replied 7 months ago
240
Customer reply replied 7 months ago
here is the ad:
I'm Sweet & Stunning an Can Be Extremely Addictive You'll be at the Center of my palms receiving Attention & Affection!
I NEVER Rush, Allowing You 2 Relax and while I pamper you Guaranteed 2 Be Even Prettier In Person❤️5203149947�� daisy
Criminal Lawyer: P. Simmons, Lawyer replied 7 months ago

THanks

Just a moment, I have some thoughts and will type them up.

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Customer reply replied 7 months ago
No services have been discussed
Criminal Lawyer: P. Simmons, Lawyer replied 7 months ago

The law that applies can be seen here

http://law.justia.com/codes/arkansas/2010/title-5/subtitle-6/chapter-70/5-70-103/

The key definition is:

"Sexual contact" means any act of sexual gratification involving the touching, directly or through clothing, of the sex organs, buttocks, or anus of a person or the breast of a female

If you are paying money for sexual contact? That is a crime under Arkansas law

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 7 months ago
In the event it is a sting...Money has exchanged hands but not act has been committed, can you still be arrested?
Criminal Lawyer: P. Simmons, Lawyer replied 7 months ago

Yes...if money was paid, for sexual contact? That meets the definition of the criminal code

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 7 months ago
If you go into a situation looking to purchase an object, i.e. a piece of furniture, for $240, and you mutually agree to sex, is that illegal?
Criminal Lawyer: P. Simmons, Lawyer replied 7 months ago

No...that is not a crime. It is a crime to pay for sexual conduct.

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Criminal Lawyer: P. Simmons, Lawyer replied 7 months ago

Hi
Experts on this site (myself) are compensated ONLY if the customer (yourself) "rate" or "accept" the answer.

Do you have more questions regarding this?

Thanks for your understanding
Phil

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Customer reply replied 7 months ago
is a donation considered a payment for services rendered or is it a thank you gift?
Customer reply replied 7 months ago
or just a gift?
Customer reply replied 7 months ago
here is the situation, add is placed on back page stating if you you would like to meet call XXX-XXX-XXXX,; Donations accepted. You meet, no discussion of money is ever made. You have sex. Before you leave yo go into the bathroom, shut the door and leave $250 on the commode as a gift then leave. legal or illegal? at what point was it illegal?
Customer reply replied 7 months ago
Hello?
Criminal Lawyer: P. Simmons, Lawyer replied 7 months ago

If you are paying money for sex, it is a crime. It really is that simple

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Criminal Lawyer: P. Simmons, Lawyer replied 7 months ago

The idea of "donation" is an urban legend. If money is paid for sex that is a crime

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 7 months ago
if i leave the room... no money has exchanged hands.....I come back with $250 dollars of groceries.......???
Customer reply replied 7 months ago
better yet.....I bring $250 worth of groceries to the room before anything has happened.....then have sex??? illegal?
Customer reply replied 7 months ago
hello?
Criminal Lawyer: P. Simmons, Lawyer replied 7 months ago

Again, IF you pay money or ANYTHING of value for sex? That is a crime

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Criminal Lawyer: P. Simmons, Lawyer replied 7 months ago

So yes...going there with groceries and getting sex in trade? That is a crime.

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Customer reply replied 7 months ago
Why? No amount was discussed......no services agreed to......please explain?
Customer reply replied 7 months ago
Be an attorney and defend me.......
Customer reply replied 7 months ago
I have no way of know if sex would happen or not......
Criminal Lawyer: P. Simmons, Lawyer replied 7 months ago

Can you speak on the phone? This would allow me to address your concerns directly. There is a nominal additional charge. I do not time my phone calls...we can converse until you receive the information you need.

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Customer reply replied 7 months ago
If you would like to discuss for free i am open to that.....
Criminal Lawyer: P. Simmons, Lawyer replied 7 months ago

Sorry...I work on here to earn money for my family...so not interested in providing information for free...

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Customer reply replied 7 months ago
How could anyone prove that a gift of whatever........would constitute payment.
Customer reply replied 7 months ago
I did pay you
Criminal Lawyer: P. Simmons, Lawyer replied 7 months ago

No...you have not paid. Not me anyways...

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Criminal Lawyer: P. Simmons, Lawyer replied 7 months ago

Again, I would be happy to chat on the phone. I sent that offer. If you are not interested, I will opt out and perhaps someone else can assist you

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Customer reply replied 7 months ago
Please read the fine print of this website
Customer reply replied 7 months ago
There is no time limit or limit to the number of questions
Customer reply replied 7 months ago
I asked where is the line between illegal and not illegal?
Criminal Lawyer: P. Simmons, Lawyer replied 7 months ago

I will opt out...perhaps someone else will assist you. I wish you the best in your search.

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Customer reply replied 7 months ago
I request a full refund as this attorney did not answer all questions asked. He did not want to take the time to respond to my specific questions in writing.
Customer reply replied 7 months ago
He wanted to simply respond with a simple answer and move on. If you go to a doctor and ask if a certain situation is harmful and the doc says yes BUT if done in a different way it is not. If you go to a tax accountant and you ask can I deduct this amount here, and the CPA simply says NO, BUT you can over here. Thats an answer worth paying for. A simple NO will not do.....
Criminal Lawyer: attyadvisor, Attorney replied 7 months ago
attyadvisor
attyadvisor, Attorney
Category: Criminal Law
Satisfied Customers: 8,496
Experience: 30 Years of Criminal Law experience
Verified

I am a different Attorney and it will be my pleasure to assist you in this format. Adults can engage in sensual contact provided that a thing of value is not traded for sex as that would be considered solicitation/prostitution.

When contact would be illegal is if one party is a minor or the act falls under the legal definition of prostitution. Let me provide that definition of you.

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Criminal Lawyer: attyadvisor, Attorney replied 7 months ago

"Prostitution laws criminalize offering, agreeing to, or engaging in sexual acts for compensation. Each state individually defines which specific sexual acts qualify as acts of prostitution. The following chart highlights Arkansas' prostitution law.

Code Section

Arkansas Code section 5-70-102: Prostitution

What's Prohibited?

Prostitution:

  • An offender commits prostitution by engaging in (or agreeing to engage in) sexual activity with any other person in exchange or in expectation of a fee.

Definition of "Sexual Activity"

Sexual activity is any form of sexual intercourse, deviate sexual activity, or sexual contact.

Penalties

First offense: Class B misdemeanor.

Second (or subsequent) offense: Class A misdemeanor.

Defenses

It is an affirmative defense that the person engaged in prostitution as a result of being a victim of human trafficking.

Sexual Solicitation

Not only is it a crime to perform sexual acts in exchange for compensation, but it is also a crime to solicit prostitution. In Arkansas it is a crime to pay (or offer to pay) someone to engage in sexual acts with you (or with someone else). The table below outline's Arkansas' sexual solicitation law.

Code Section

Arkansas Code section 5-70-103: Sexual Solicitation

What's Prohibited?

  • Offering or agreeing to pay a person to engage in sexual activity with you or with another person, or
  • Soliciting or requesting a person to engage in sexual activity with you for a fee

Definition of "Sexual Activity"

Sexual activity is any form of sexual intercourse, deviate sexual activity, or sexual contact.

Penalties

First offense: Class B misdemeanor.

Second offense: Class A misdemeanor.

Offenders convicted of soliciting prostitution in Arkansas are also fined $250.

Defenses

It is an affirmative defense that the person engaged in an act of sexual solicitation as a result of being a victim of human trafficking.

Promoting Prostitution

Under Arkansas' prostitution laws it is also a crime to promote prostitution by forcing someone to engage in prostitution, operating a house of prostitution, or in some other way advancing prostitution.

Code Section

Arkansas Code section 5-70-104 to 5-70-106: Promoting Prostitution

What's Prohibited?

First-degree promoting prostitution:

  • Knowingly advancing prostitution by compelling a person by physical force or intimidation to engage in prostitution, or
  • Advancing prostitution of a person who is less than 18 years old

Second-degree promoting prostitution:

  • Knowingly advancing prostitution by managing, supervising, controlling, or owning a house of prostitution involving two or more prostitutes

Third-degree promoting prostitution:

  • Having a possessory or propriety interest in a premises that you know is being used for prostitution (and failing to make reasonable efforts to stop the prostitution), or
  • Knowingly advancing prostitution

Penalties

First-degree: Class D felony.

Second-degree: Class A misdemeanor.

Third-degree: Class B misdemeanor.

Misdemeanor and Felony Penalties in Arkansas

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Criminal Lawyer: attyadvisor, Attorney replied 7 months ago
Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you. If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund. You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out. Thank you for your consideration.
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