If I have a business that leads tours to legal brothels at the Mexico border, do I enter a legal "danger zone" where I can be charged with promoting prostitution?
I want to stay legal, so I need answers. Lawyer referrals are good too.
Please advise...
- CumToTheBorder
- 03-08-2011, 03:53 AM
- ShysterJon
- 03-08-2011, 09:31 AM
I'll assume the following from your post:
1. You are a U.S. citizen residing in Texas.
2. Your business would be registered in Texas.
3. The brothels are located in Mexico.
4. The services provided by the brothels are legal under Mexican law.
5. The brothels do not offer the services of prostitutes younger than 18 years of age.
If all five of the foregoing are true, you probably would not violate a Texas or federal criminal law by transporting customers to the brothels over the U.S.-Mexican border. I can say with relative certainty that you would not violate Texas state law because its reach stops at the state's borders. I'm no authority on international law, but I believe that a federal court would only have jurisdiction to prosecute you under a specific federal statute, and I know of no U.S. statute which makes facilitating prostitution by transporting customers over an international border a crime, assuming the conduct constituting prostitution in the foreign county is legal under the laws of the foreign country. However, there are federal laws that make transporting, coercing, or enticing a person to engage in prostitution which is illegal in the foreign country a crime. See 18 U.S.C. §§ 2421-2428. Examples:
18 U.S.C. § 2421. Transportation generally
18 U.S.C. § 2422. Coercion and enticement
The problem, of course, is the potential that your business could be linked to child prostitution, which is defined under federal law as commercial sex with a person younger than 18 years of age. For example, note the following response to a FAQ on the U.S. Department of Justice web site:
Personally, I would never even conceive of starting such a business because the risk of involvement in child prostitution is just too great. One only has to open a newspaper or turn on the TV news to learn that the Mexican cities on the border with the U.S. are in a state of anarchy because of the drug traffickers. In such an environment, or really in any environment, could you guarantee that the brothels to which you're transporting customers do not use underage prostitutes when you don't control their operations? If you're answer is anything less than an unequivocal "yes," you might think very, very, very seriously before starting such a business.
1. You are a U.S. citizen residing in Texas.
2. Your business would be registered in Texas.
3. The brothels are located in Mexico.
4. The services provided by the brothels are legal under Mexican law.
5. The brothels do not offer the services of prostitutes younger than 18 years of age.
If all five of the foregoing are true, you probably would not violate a Texas or federal criminal law by transporting customers to the brothels over the U.S.-Mexican border. I can say with relative certainty that you would not violate Texas state law because its reach stops at the state's borders. I'm no authority on international law, but I believe that a federal court would only have jurisdiction to prosecute you under a specific federal statute, and I know of no U.S. statute which makes facilitating prostitution by transporting customers over an international border a crime, assuming the conduct constituting prostitution in the foreign county is legal under the laws of the foreign country. However, there are federal laws that make transporting, coercing, or enticing a person to engage in prostitution which is illegal in the foreign country a crime. See 18 U.S.C. §§ 2421-2428. Examples:
18 U.S.C. § 2421. Transportation generally
18 U.S.C. § 2422. Coercion and enticement
The problem, of course, is the potential that your business could be linked to child prostitution, which is defined under federal law as commercial sex with a person younger than 18 years of age. For example, note the following response to a FAQ on the U.S. Department of Justice web site:
Q. I am a travel agent. Do I have criminal liability if one of my clients goes overseas on a sex tourism trip?See U.S. Department of Justice, Child Exploitation and Obscenity Section, "Trafficking and Sex Tourism FAQs".
A. It is a criminal activity to knowingly arrange, induce, procure or facilitate for profit the travel of a person when you know that the person is traveling for the purpose of engaging in illicit sexual conduct with minors.
Personally, I would never even conceive of starting such a business because the risk of involvement in child prostitution is just too great. One only has to open a newspaper or turn on the TV news to learn that the Mexican cities on the border with the U.S. are in a state of anarchy because of the drug traffickers. In such an environment, or really in any environment, could you guarantee that the brothels to which you're transporting customers do not use underage prostitutes when you don't control their operations? If you're answer is anything less than an unequivocal "yes," you might think very, very, very seriously before starting such a business.
- atlcomedy
- 03-27-2011, 01:51 AM
I want to stay legal,... Originally Posted by CumToTheBorder
Personally, I would never even conceive of starting such a business because the risk of involvement in child prostitution is just too great. One only has to open a newspaper or turn on the TV news to learn that the Mexican cities on the border with the U.S. are in a state of anarchy because of the drug traffickers. In such an environment, or really in any environment, could you guarantee that the brothels to which you're transporting customers do not use underage prostitutes when you don't control their operations? If you're answer is anything less than an unequivocal "yes," you might think very, very, very seriously before starting such a business. Originally Posted by ShysterJonFor the sake of discussion, given your desire to stay legal, I'll assume you aren't ducking anybody, you are trying to attract a (somewhat) upscale clientele and advertising to promote your business. That is a legit "tour operator" & somebody trying to build a sustainable business/not just make some quick cash for a couple of months.
It just seems to me you could find a more favorable environment right now. Overtime you will run into some messes. You may or may not get caught up in it. It isn't just the underage stuff but you (if you are making regular tours into the same area) will be asked to come to some "arrangements" with certain parties which could lead to ugly situations, even if you are collateral damage.
Any hobbyist down there takes on certain risks including personal safety. But beyond a mugging an individual isn't that impressive a target. Someone trying to set up a regular for profit business....much more attractive target....