Isn't noncommercial prostutution called Sex?
This applies to not just gifts. It is legal to hire someone for purposes other than sex and then engage in sex once the job is done. For example, If I hire a woman to be my fashion consultant, we go shopping, and then after the shopping is over, we have sex, then it is not prostution. Its sex. Also such as the example of an escort given above. But before you try this as a defense, you had better consult with a lawyer. Proving you paid her to go shopping may be hard to put past a jury. Originally Posted by OldButStillGoing
Re read the IDK opinion. https://bulk.resource.org/courts.gov...5.85-1877.html
The court was unambiguous in holding that the Nevada regulation (which required state licensure and attendant regulation) was not constitutionally overbroad. It affirmed the State's ability to regulate without a shadow of a doubt.
Whether or not we like the result or its reasoning, that is what it says.
Thus, the OP's thread title "Non commercial prostitution is legal in the US" is simply wrong. Even the argument had any merit worth debate, it would ONLY apply to the state statute in question and NOT to the entire US (under Federalism embedded in our constitutional system, the STATES have broad regulatory and legal authority, which is deferred to unless there is a Federal law that contradicts it).
There is NO federal law that preempts state laws regulating and criminalizing commercial sex for sale.
The OP is just plain wrong, confused or in a state of indefensible denial.
19Trees Originally Posted by 19Trees
If these cases make a rule of law, it is that a person is entitled to treat cash and property received from a lover as gifts, as long as the relationship consists of something more than specific payments for specific sessions of sex. What's more, even in Blevins, in which the relationship was one of raw prostitution, the Tax Court rejected the IRS' claim that a civil fraud penalty should be imposed. Nor was a fraud penalty applied in Jones, the other prostitution case, although there the issue apparently was not raised. The United States does not allege that Harris received specific payments for specific sessions of sex, so Reis, Libby, and Starks support Harris' position.Note finally that "gifts" (versus donation) are reportable income. This case held that, given the facts of the underlying case, that the moneys paid could have been considered gifts makes renders her failure to report them as regular income, cannot automatically be the basis for criminal tax liability. It did NOT make prostitution legal.
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Judge Flaum argues in his concurrence that these cases turn on their particular facts and do not make a rule of law. Concurrence, at 1135, 1136. Fair enough (although the cases do cite each other in a manner that suggests otherwise). We need not decide this issue. We only conclude that a reasonably diligent taxpayer is entitled to look at the reported cases with the most closely analogous fact patterns when trying to determine his or her liability. When, as here, a series of such cases favors the taxpayer's position, the taxpayer has not been put on notice that he or she is in danger of crossing the line into criminality by adhering to that position. These Tax Court cases can turn entirely on their facts, yet together show that the law provided no warning to Harris that she was committing a criminal act in failing to report the money that she received.
I did some legal study and found that gift for sex relationship can be a legal defense in escorting. If there is no other sexually suggestive on the advertisement, the date originates in a public place, and the gift for sexual relationship invitation happens after the escorting appointment, then there is a legal defense for gift for sex. If there is solicitation happens during the escorting appointment or the escort session originates in a hotel room, the gift for sex will not be a valid defense.
USA vs Lynnette HARRIS and Leigh Ann Conley states that a person is entitled to treat cash and property received from a lover as gifts, as long as the relationship consists of something more than specific payments for specific sessions of sex.
What the state statues on prostitution criminalize are fees for sexual services. It doesn’t criminalize gift for sexual relationship. According to Black Law’s dictionary, gifts don’t form consideration so there is no agreement for sexual favors. A fee is a compensation for someone engaging in professional activities. A gift is compensation give for someone to someone who is engage in an amateur activity.
If you read Commonwealth v. Stephanie Ann Danko 421 A.2d 1165, 281 Pa.Super. 97 (1980) the court said that that someone cannot be hired with a gift.
If the solicitation for sexual activities happens during the escorting appointment, the court will deem the solicitation for commercial sex. The US Courts of Appeals in the court case IDK v Clark County 836 F.2d 1185 ruled escorting is commercial activities. If the gift for sexual relationship invitation happens after the escorting appointment, there is defense that the activity is noncommercial.
Disclaimer
I don’t encourage anyone to engage in this activity. This is for intellectual discussion only. No guarantee this legal theory will work.
