I ran into the ex-sovereign citizen. He told me that Pope Francis signed into Motu Proprio which is escort service friendly. The laws took effect on September 1, 2013. The Pope made the Roman Civil Law the rule of law not the color of law.
The ex-sovereign citizen explained to me that the state’s prostitution laws are declared the color of law under 42 United States Code 1983. The Model Penal Code’s (MPC) Prostitution Laws, on the other hand, are the Roman Civil Laws on prostitution.
Before September 1, 2013, the MPC’s prostitution laws can be colored by the legal system. After Sept. 1, 2013, the MPC’s prostitution laws are the rule of law.
The Black Law’s 9th Edition reflects the legal system current change from color of state laws to Roman Civil Law in prostitution laws.
“ prostitution, n. (16c) 1. The act or practice of engaging in sexual activity for money or its equivalent; commercialized sex.” -Black Law’s 9th Edition by Thomson Reuters
From Cherry v. Koch, 129 Misc. 2d 346, 491 N.Y.S.2d 934 and MPC, the act of commercial sex doesn’t depend on reward for sex but other commercial factors.
Mistresses (sugar babies) get paid for sex but the sex activities with a mistress is noncommercial.
The other factors that make the sex commercial are performing sex act on a commercial property (massage parlor, strip club, casino, etc.), area known to have prostitution activities, traffic of hobbyist coming to and out of a location, commercial loan (account open, billing, and payment on the bill), or professional prostitution (serving many hobbyist with sex act for pay a day).
For an escort to serve one client a day in a residential location and only serve one client, the activity is neither commercial nor professional. If an escort does outcall to many locations a day, the sex is professional service.
The prosecutors have to prove that the escort is engaging in professional activities or commercial activities to substantiate a charge of prostitution under the new legal system. If there is no proof of hobbyists creating traffic in a location or she doing multiple outcalls a day, the charge of prostitution cannot be established under the new legal system with some exceptions. The exceptions are that she performs the sex on a business location. For example, the apartment is above the coffee shop. If there is no proof of relating to a business location, the last resort the prosecutor has to prove is commercial loan. If there is an account open and billing, then the sex could be considered commercial. This is very unlikely because clients pay in advance and don’t loan for sex.
We know from Lawrence v Texas, 539 U.S. 558 (2003) implies the state cannot punish someone for engaging in noncommercial sex in private.
When the decision Commonwealth v. Potts, 460 A.2d 1127 was rendered, the legal system was under color of law and common law in cases involving prostitution. The legal system did not have to prove commercial sex but attempted commercial sex. If the person sells specific sex session in private, it opens the opportunity for traffic of Johns. Now, the current legal system based on Roman Civil Law doesn’t have a provision that allows them to substantiate a prostitution charge based solely on attempting commercial sex.
For hobbyist, you need to know the sex is commercial before the legal system can substantiate a charge of patronizing a prostitute. If you purchase sex in relationship to a business or the undercover cop told you that they served several clients before you, then the legal system can maintain a charge. This defense doesn’t work for public solicitation. Street solicitation is commercial because there is traffic near the location. Transportation creates commerce near the location. Even if it is not near the street, the government can punish someone for the public act of soliciting sex acts. These are the theories that the ex-sovereign citizen told me.
If you were busted for engaging in noncommercial escort services in private, please hire a high power attorney who knows how to put together a legal defense of noncommercial activities. If you don’t hire the right attorney, you may be not adequately represented. The laws are in many layers. Noting is straight forward in law. There is no guarantee but we forfeit our freedoms when no one challenges it right in court. If you don’t create an objection of the charge based on the fact you were engaging in a noncommercial activities, the legal system assumption you to be engaging in commercial activities. Not legal advice just legal theory.