Ok I am going to put my two sense in on this. A good friend who is current practicing attorney in Arkansas told me this when I ask pretty much the same thing. ( For his privacy I will not use his name openly on here)
It is as follows:
LE can and will do what they want. Period! When you are talking to someone on the phone screen screen screen. If a undercover calls you and say you say its $$$ for said service and then you go to that outcall. At this point just to clarify you have already committed to donation amount for said service. Once you walk into that room that is it. They can arrest you for the intention or purpose for soliciation or whatever else they are in the mood for ( did I get that spelled right Bluff City)
Originally Posted by kittendd
"Solicitation". Normally I don't do spelling flames; just remember you (implied) asked. I knew what you meant.
Always say $$$ is for time spent and anything else that may or may not occur is between consenting adults.
You do not have to perform a service nor do you actually have to touch the money .
Once again this is was just his advice to me when I ask him and he has never lied to me.
I will glady pm more detail information to those who are interested
I hope this helps some
Originally Posted by kittendd
I practiced in Missouri, so I don't know the provisions of the Arkansas statute. In Missouri, the statute defined "prostitution" as the
agreement to provide sex (as defined by another part of the statute) in return for money "or other valuable consideration" (lawyer-talk which covers bartering sex for non-money goods or personal services). If the Arkansas statute reads similarly (and the few other states whose prostitution statutes I've actually looked at do read similarly), the offense is complete once the agreement is made, no acts actually have to take place. Hence the advice not to mention them, especially in conjunction with money.
Realistically, the disclaimer "money is exchanged for companionship and time spent, and anything else that may or may not occur is between consenting adults and is not expected or contracted for" (or similar) is a pretty transparent dodge, and I strongly suspect that 9 out of 10 average juries wouldn't buy it. Ever. (The tenth jury is one that is picked by a master criminal lawyer, and probably isn't average.
).
Cheers,
bcg