“Appellant argues that the word "fee" means no more than some type of consideration, quoting Black's Law Dictionary, Fourth Edition, to define fee as "compensation given for . . . something done or to be done." New York has a prostitution statute which prohibits the same activity as does our statute, NEW YORK PENAL LAW § 230.00 (McKinney 1980), and a New York Court considering the meaning of the word "fee" as used in that statute concluded,
Webster's New International Dictionary of the English Language (Second Edition -- Unabridged [1947] at page 928 defines "fee"
as:
"Compensation, often a fixed charge, for professional service or for special and requested exercise of talent or of skill, as by an artist; as a fee for consultation; [**13] a retaining fee." (Emphasis supplied).
Corpus Juris Secundum devotes three pages to various definitions of the word "fee". It is variously defined as:
"compensation to professional men, a remuneration for services rendered in the line of their professions"; "recompense for official
or professional services"; and "reward, compensation, or wage given to one for the performance of professional services." ("Fee", 36A C.J.S. pp. 248-249). (Emphasis supplied).
The fair import of the word "fee" then is payment in return for professional services rendered. It is not intended facetiously to point out here that prostitution has long been euphemistically known as "the oldest profession". "Fee" is Penal Law § 230.00 can fairly be said to connote professionalism. It restricts the purview of the statute. For example, it would eliminate the situation
(suggested by the defendants) of a wife who withholds the performance of her conjugal duties unless her husband gives her a mink coat. It further defines and limits the type of behavior the Legislature intended as criminal. [All emphasis supplied by New York Court.]
People v. Block, 71 Misc. 2d 714, [**14] 337 N.Y.S.2d 153, 157 (1972). See People v. Costello, 90 Misc. 2d 431, 395 N.Y.S.2d 139 (1977), which quotes and follows Block. We agree with the New York Courts, and adopt their definition of "fee" as being applicable to section 43.02(a)(1) of the Texas Penal Code. …
We have found no cases of convictions under section 43.02(a)(1) except those in which the Texas courts have confined prosecution and conviction to situations involving commercial sex, that is an offer or agreement or actual act of sexual conduct for a fee. The plain and ordinary meaning of the term "fee" as involving commercial sale of sexual services has been employed in all of these cases.
“ - TISDALE v. THE STATE OF TEXAS, 640 S.W.2d 409; 1982 Tex. App. LEXIS 5160
What is the standard for professionalism? Is escorts professionals? Is there such things as ametuer escorts? Do Tantra Sex qualify as professional service? Do it requires an escort to work full-time and have no other job to be qualify as professional? What are the professional men? Are they pimps?
How do I know if the escort is professional or not? Do I have to be knowingly and intentionally paying for professional sex? What is professional sexual services? Do it requires special skills that the ordinary population doesn't possess like Tantra? Do it requires the escort to be full time or doesn't have any other job but escorting?
"Section 207.12 is confined to sexual activity “for hire.” Among the reasons for undertaking to repress prostitution, the danger of spreading disease is the only one applicable to non-commercial promiscuity. Even on this score, non-commercial “promiscuity” appears to be less dangerous than commercial prostitution. Non-commercial prostitution involves indiscriminate acceptance of new sexual partners from time to time, but not intercourse with dozens of strangers daily. In any event, the health menace involved in amateur promiscuity seems to call for educational and medical remedies rather than penal law.” -Com. v. Danko, 281 Pa.Super. 97 (1980) 421 A.2d 1165
Then when I read this court case I went into further shock. I never knew such things as noncommercial prostitution? How can prostitution be noncommercial? I though commercial sex is money or property exchanged for sex.
Am I dreaming? What going on here? Can an attorney help me understand the standard of professional and commercial sex?
