Prostitution and Law Enforcement

El Mojigato =

California State Code § 653.23 (B) defines "Solicitation" quite broadly , and even ends with a "if it looks bad , it is"
Clause =

A person is guilty of Solicitation if s/he =

(3) Repeatedly engages or attempts to engage in conversation with
pedestrians or motorists to solicit, arrange, or facilitate an act of
prostitution
(4) Repeatedly stops or attempts to stop pedestrians or motorists
to solicit, arrange, or facilitate an act of prostitution
(5) Circles an area in a motor vehicle and repeatedly beckons to,
contacts, or attempts to contact or stop pedestrians or other
motorists to solicit, arrange, or facilitate an act of prostitution

(c) The list of circumstances set forth in subdivision (b) is not
exclusive. The circumstances set forth in subdivision (b) should be
considered particularly salient if they occur in an area that is
known for prostitution activity. Any other relevant circumstances
may be considered. Moreover, no one circumstance or combination of
circumstances is in itself determinative. A violation of subdivision
(a) shall be determined based on an evaluation of the particular
circumstances of each case.

The Statute defines an Offense as a Misdemeanor ; meaning a maximum penalty of Imprisonment
not more than a year &/or a fine not greater than $ 2000


Your bigger concern , though , is Oakland's Municipal Statutes that apply =

9.56.010 Nuisance vehicles.

Any vehicle used to solicit an act of prostitution, or to acquire or attempt to acquire any controlled substance, is declared a nuisance, and the vehicle shall be enjoined and abated as provided in this chapter. Any person or his or her servant, agent, or employee who owns, leases, conducts, or maintains any vehicle (hereinafter referred to as "the property"), used for any of the purposes or acts set forth in this section is guilty of a nuisance.

"enjoined and abated" means "seized and your ownership forfeited"

And even worse , 9.56.070 (F) makes this a CIVIL Seizure , which means even if you are ultimately acquitted of the Solicitation charge , they get to keep your car ; and even if you cop a plea to a lesser charge [ disorderly conduct is a typical plea bargain ] , they can keep it

And before you Perry Masons out there suggest it = this Statute , and others like it in other states and municipalities , have been challenged all the up to the SCOTUS ; and they *are* Constitutional , if you can believe it !!

Did anyone see this? In San Antonio, new regulations require strippers to wear their business license/permits while they dance. Here's the story link, [url]http://seattlepi.nwsource.com/national/apus_story.asp?category=1110&slug=Stripping%20Permits[/url] By the way Jackson, there's no category for strip clubs. How about one in the Special Interests section.

I am here in South Korea and the laws have affected much of the businesses around here. I read a couple of articles about what the military here is saying about the new laws. I personnally think that it is a bunch of bulshit, excuse my french. Yeah on camera and newspaper SGT john smith cannot say that he thinks that the laws need to be thrown away. He is a soldier. In private he is saying "Damn I need some of that asian pussy while I am here" Actions speak louder than words. The soldiers say they support it, however hundreds have gotten arrested for it since the new law. Does that sound like support? Not to me it doesn't. I just wish that the US would stop trying to worry about getting that win in the next election and let us decide on what we want to do and not politics decide.

Cops in Nashville arrest ad clerk from the Scene because he sold ads that might be promoting prostitution. Here's the story link, [url]http://www.tennessean.com/local/archives/04/12/62977238.shtml?Element_ID=62977238[/url]

Aww, it's the holiday season so that means it's time for the annual John sting. Watch your backs, guys. [url]http://www.caller.com/ccct/local_news/article/0,1641,CCCT_811_3420585,00.html[/url], Here's the story, but it might require you to register (for free) to the newspaper's Web site in order to read it. Basically, there was a John sting that netted four in mid-December, and a reporter from the Caller-Times acted as the fake pro in two of the busts. The editor has issued an apology for having the reporter get involved in the story.

Broward County pro turns in a man after noticing child porn on his computer, [url]http://www.azcentral.com/offbeat/articles/0107HookerTip07-ON.html[/url].

Stop me if you've heard this before, but police are surprised to find a Colorado woman has been using the Internet to solicit for prostitution, [url]http://www.thedenverchannel.com/news/4072566/detail.html[/url].

Six strippers from Seminole County are busted for "breaking the plane" between customers' knees, and the Smoking Gun is there with the scoop on the arrest, [url]http://www.thesmokinggun.com/archive/0111051strippers1.html#121[/url].

Man , they got some UGLY with a capital UG! Hookers up there in St Paul , MN !!

[ although I'd give [b]Christine[/b] or [b]Alicia[/b] a roll ]

[URL]http://www.ci.stpaul.mn.us/depts/police/prostitution_photos_current.html[/URL]

I thought "Merrill, Alicia Rae" was kinda fine. Wonder if she needs some donations for "legal fees".

ESCORTS & JOHNS: HOW TO AVOID STINGS OPERATIONS>> - m4w
Date: 2005-03-01, 1:17AM PST


~~~~~~Help Re-post this Information Several times a day! The anti-escorting forces spend a lot of time getting this info deleted. Your help is required to keep us all safe!~~~~~~~~~~~


Disregard the doomsayers who try to scare adults who wish to have consensual paid sex!

REMEMBER, GOVERNMENT HAS NO BUSINESS DICTATING MORALS OR WHAT HAPPENS BETWEEN TWO ADULTS HAVING CONSENSUAL SEX!

There are some basic rules to not getting caught and they are EASY!

First, RARELY have VICE done stings against JOHNS on the Internet! Their priorities are the blight and corresponding criminal behavior that surrounds STREET WALKERS and their clients who create problems in areas where SW's do thier work (The Stroll or Track).

ESCORTS; HOW TO STAY SAFE FROM STINGS:
In Sacramento, Internet-based stings have been primarily against escorts. Escorts should not do OUTCALLS unless they can get a reference from their John or unless its a repeat client. Vice will not do INCALL stings against escorts (they are not willing to risk the safety of officers in an environment that they do not control - i.e., your motel room. As far as they know, you could have 5 pimps in your room ready to rob and kill what they thought was a John!) To do an INCALL sting would require watching a specific room for hours to ensure that decoy officer going in knows exactly who is in the room. It takes too much money and staff time to run around town staking out single motel rooms to bust ONE hooker on minor charges that only give the girls 3 years probation! They (VICE) will make the girls come to their hotel room (Motel 6 on Howe Ave, Raddisson, Red Lion Inn, DoubleTree and other hotels have been used as Outcall Stings).

The ONLY exception to VICE doing INCALL stings are when escort agencies are using a single location (i.e., apartment, house, condo) and they have an opportunity to watch the house for activity. Escort agencies are primary target for LE because they can get a juicy FELONY Pimping and Pandering charge against the individual running the agency rather than the lesser minor chgarges of Solicitation and working as an Escort without a permit (Yes, you can and should secure a permit for work as a Escort! Escorting is a LEGAL business in the State of Calif- Prostitution is not). Vice will target agency girls first (Sacramento News & Review / Yellow Pages and Internet based Agencies). If they can get the girls who get busted to turn on the owner of the agency, its a good day for LE.

VICE will NEVER, EVER show an ID card to any civilian, if you are not sure ask for an ID (but if you are that close to asking a potential Vice cop for his civilian ID, you're probably already in trouble). JUST DON'T DO OUTCALLS!! If you MUST do OUTCALLS - do not do so without checking the references of the client. Its likely you are not the first escort he's ever seen. Find out who else he has seen. Make sure his reference has a posting and review history and find her ad, call her and ask her about your OUTCALL client. Mandatory References Checks for ALL incall and outcalls is the ULTIMATE safety net for escorts and will keep you out of jail; keep you from getting assulted or robbed; keep you away from pimps and cut way back on the number of flakes.

JOHNS/HOBBYIST/TRICKS How to Stay Safe From Stings:
On the RARE chance that VICE is doing stings specifically against men on off of the Internet (and in last 8 years - I have not heard of a single one), the solution is simple....

...Do NOT see new escorts without first checking them out (DO YOUR HOMEWORK!) Think with your brain - not your dick! There are many ESCORT review sites (Redbook and The************).. if the escort you want to see doesn't have a review history where other guys have testified to their looks and skills, PASS on her until YOU are sure! Seeing an escort just based upon her looks alone only shows your amature nature in this business and will at worse get you robbed or thrown in jail and at least get you a dead-lay not worth the money and time you spent! Do your homework and ask around!

OR,... at the very last min before you go up to see her in her hotel room, ask if she will come outside her hotel room or meet you in a nearby bar or restaurant (many legitimate escorts may not feel comfortable about that either). Female VICE decoy's will NEVER, EVER allow female decoys to leave the safe, monitored environment of the wired hotel room they use to bust one John after another and are protected by a number of armed officers!

This consensual adult behavior is long over-due to become legal! Don't let any of these crazy doomsayers scare you in participating in it.

Happy Hunting!

~~~~~~Help Re-post this Information Several times a day! The anti-escorting forces spend a lot of time getting this info deleted. Your help is required to keep us all safe!~~~~~~~~~~~

Oakland plans to start using billboards to shame johns, [url]http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/02/25/BAG4DBGN951.DTL[/url]

Isn't it amazing that when rates for violence and real crime are going up, LE is wasting money cracking down on concensual behavior that at worst is a nusiance. The real immoral act here is fraud perpetrated on the public that LE is doing something to earn their paychecks with their flashy billboards and newspaper photos that just waste more taxpayer money. The amazing thing is that LE thinks this publicity curbs activity. I use the information to help me more effectively target my mongering.

Car seizure law overturned in Stockon (Civil Intent to Solicit as well)

KENDRA O’CONNELL,
Plaintiff and Appellant,
v.
THE CITY OF STOCKTON et al.,
Defendants and Respondents.
([url]http://www.courtinfo.ca.gov/opinions/documents/C044400.PDF[/url] )


Stockton's car seizure law was overturned by Superior Court of San Joaquin
County, Elizabeth Humphreys, J. This ruling is very important, because it invalidates the unfair Civil intent to solicit laws. Secondly it also prohibits the cops from seizing your car.

I think the LA DA came to realization that this law was legally questionable at best. About 6 months ago the LAPD dramatically cut back on enforcement of the civil intent to solicit law. With this law you could have your care impounded for merely picking up prostitute. You have not committed a crime yet, but that was enough probable cause for the cops to seizue your car. This is a scene right out of the movie Minority report.

Has anyone read of any cases that they can cite where an individual was charged / prosecuted for something posted on a web site in the form of a review of an escort or SW?

I understand that such a prosecution would be based on a weak set of arguments that a crime was, in fact, committed. The author of the review would no doubt state that the review was fiction. Without additional evidence, there would be no case for prostitution but what about other charges that could be brought just to intimidate or "punish" a person of interest?

I would be interested in the thoughts of others on this subject but most interested in actual cases that can be cited.
SR