The word prostitution means in Latin means to “expose to sale” and “stand.” Stand means determined position.
“Expose. v. To show publicly, to display, “ -Black Law’s dictionary 6th edition.
The word “to sale” means to offer. So the root meaning of the word prostitution is “to be in a determined position to show publicly to offer.”
Latin meaning of words are legally binding on the legal system (ex. Pro Se, writs of habeas corpus).
Since state laws uses the word “prostitution”, the laws are in context of a person who has a determined position to show publicly an offer.
Once the person is determine position to show publicly and the act of offering sex or entering into an agreement for sex for pay the act becomes prostitution. The only way a person can show publicly is there another person who is a public person.
If two private person and one offer sex for pay in private, the offer is showed in private so the offer is private. The prostitution laws don’t apply because it is out of context of the Latin meaning that is binding on the legal system. The prostitution laws are in the context of a public show not a private show.
After hobbyist went on a date with an escort for one hour, the escort and the hobbyist becomes a private persons. So if private persons exchange money or things of value in private, the state laws on prostitution don’t apply because the act is out of context of the state law. Anything of value being exchanged for sex act between two private persons in private is considered private sexual intimacy not prostitution.
The court case Bergen v Wood 14 Cal.App.4th 854 (1993) supports my legal theory. This case declares a sexual relationship that has companionship as collateral is not prostitution even if there is evidence of monetary payment. Duane Wood and Birgit Bergen became private persons when they engage in social companionship together. The social companionship transforms them from public persons to private persons.
If there is a sex for pay agreement in private between the private escort and the private hobbyist, the act is not prostitution because there was no public offer. Since it is not prostitution, it will qualify for Lawrence v. Texas, 539 U.S. 558 (2003) protections.
Lawrence v Texas doesn’t cover public sex acts which include public sale of sex (prostitution).
What happen in State v. Green 989 N.E.2d 1088 was that he did not dated the undercover cop when he offered sex for pay. If he of dated the undercover cop for one hour and made his offer for sex for pay in private, Lawrence v Texas would of cover his ass. His ass got burned because he offered sex for pay to a stranger. A stranger is a public person in the show.
In order to convict someone for prostitution, the prosecutor must prove there is a public offer or public agreement. A public offer or agreement is only can be made when the offer or agreement in a context of a public show. A public show requires one public person.
Disclaimer: Not legal advice. Just Legal Theories.