RE: Legality of Strap On

Collarspace Discussion Forums

Home Login Search

RE: Legality of Strap On

View related threads: (in this forum | in all forums)

Logged in as: Guest

All Forums >> [Community Discussions] >> Ask a Mistress >> RE: Legality of Strap On

Page: << < prev 1 [2] 3 next > >>

Login

Message

<< Older Topic Newer Topic >>

RE: Legality of Strap On - 11/12/2009 6:01:44 PM

CelticSubM

Posts: 102
Joined: 3/12/2004
Status: offline

quote:

ORIGINAL: LadyPact

Since I currently live in CA, I researched it in that state. Wasn't difficult to find at all.

California's Prostitution Laws

California Penal Code §647(b) punishes those who solicit, agree to participate or actually do participate in prostitution. Prostitution is defined as any "lewd act between persons for money or other consideration." This means that something other than money may be exchanged for the sex act. You agree to participate in prostitution at the point you accept the offer or solicitation to engage in the act. This acceptance does not have to be verbal. It can be an action, such as a wink or head nod, that signifies your acceptance of the offer.

Sounds like it's not legal here.

A "lewd act" might plausibly be construed as including dominant/submissive activities carried out for the sake of sexual arousal or gratification. That would make the legal status of domination-for-hire in California questionable, at best. Caveat venditor.

(in reply to LadyPact)

Post #: 21

RE: Legality of Strap On - 11/12/2009 6:25:57 PM

LadyPact

Posts: 32566
Status: offline

Very true and a fascinating way of looking at it.

_____________________________

The crowned Diva of Destruction. ~ ExT

Beach Ball Sized Lady Nuts. ~ TWD

Happily dating a new submissive. It's official. I've named him engie.

Please do not send me email here. Unless I know you, I will delete the email unread

(in reply to CelticSubM)

Post #: 22

RE: Legality of Strap On - 11/12/2009 7:34:16 PM

Venatrix

Posts: 2238
Joined: 11/28/2007
Status: offline

quote:

ORIGINAL: missannabellee

Carried over from another post...

A very cute person here made the statement that Strap On for money is illegal in the United States. That's not entirely true. It depends on the location and how they define prostitution and how they define sex.

Many states and municipalities have vice laws that are more than 70 years old, and the result is that penetration of a male by a female just wasn't considered. There is no oral/genital or genital/genital contact, and if the woman providing the service stays dressed, it's in the same category as a lap dance. Really. The laws vary, but the end result is that in most places it's not clear.

Also, most vice cops really don't care about busting strap on providers. Since there isn't the spread of disease (clean toys, no intercourse or oral contact), and because it's usually not a service provided by sex slaves or illegals-- it's really, really low on the radar.

Anna

Interesting thread you've started here. I just took a look at the Nevada statutes, which are posted online. You might find the following interesting, taken from http://www.leg.state.nv.us/NRS/NRS-201.html#NRS201Sec295:

     NRS 201.295 Definitions. As used in NRS 201.295 to 201.440, inclusive, unless the context otherwise requires:

      3. “Prostitute” means a male or female person who for a fee engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts [emphasis mine] of a person for the purpose of arousing or gratifying the sexual desire of either person.
      4. “Prostitution” means engaging in sexual conduct for a fee.
      5. “Sexual conduct” means any of the acts enumerated in subsection 3.
      (Added to NRS by 1979, 302; A 1987, 2028; 1997, 295)

As has been pointed out, prostitution is illegal in Las Vegas, the city in which you live, as posted in your profile. (http://en.wikipedia.org/wiki/Prostitution_in_Nevada)

Given that you state in your profile that you only engage in anal penetration for a fee, which fits the definition of prostitution listed above, and given that that you've made no indication that you are affiliated with a licensed brothel, I wouldn't be so complacent, if I were you.

(in reply to missannabellee)

Post #: 23

RE: Legality of Strap On - 11/12/2009 8:12:34 PM

missannabellee

Posts: 21
Joined: 11/10/2009
Status: offline

quote:

ORIGINAL: Lockit

I've worked with a lot of cops and I never heard one on vice say that it was the diseases that motivated their bust's. lol

Shoving shit up someone's butt would be considered an assualt or sexual activity and for money... sorry... it is prostitution. Easy fix here, we don't have to argue... call the cops in your area and ask them. lol

Actually, I did.

For others who have posted: I'll agree completely that I think the act is sex. I also personally think it's prostitution. I'm okay with both of those things. And I agree that it's a matter of semantics.

I realize I'm definitely in the grey zone in Nevada (my defense if I ever need one is that I tried to get hired as a prostitute in counties where it was legal, and they wouldn't hire me because I didn't engage in prostitution... something I have in writing).

The point was that the assumption isn't a valid one. If you want to know what is illegal- check out what it says in your jurisdiction. The answer will often surprise you.

Anna

_____________________________

http://annabellee.sensualwriter.com

(in reply to Lockit)

Post #: 24

RE: Legality of Strap On - 11/12/2009 8:16:28 PM

Lockit

Posts: 11292
Joined: 5/7/2007
Status: offline

You tried to get hired as a prostitute but they wouldn't hire you because you didn't engage in prostitution? Okay... it's late... for some reason, I am very confused. lol

_____________________________

No matter how old a woman gets, some men will think she was born yesterday! ROFL... I love this place!

(in reply to missannabellee)

Post #: 25

RE: Legality of Strap On - 11/12/2009 8:24:19 PM

CelticSubM

Posts: 102
Joined: 3/12/2004
Status: offline

quote:

I realize I'm definitely in the grey zone in Nevada (my defense if I ever need one is that I tried to get hired as a prostitute in counties where it was legal, and they wouldn't hire me because I didn't engage in prostitution... something I have in writing).

How does that constitute a defense? From the statute that was quoted, it doesn't sound like there's much of a gray zone. I'd suggest you talk with an experienced local attorney, before you need one.

(in reply to missannabellee)

Post #: 26

RE: Legality of Strap On - 11/12/2009 8:33:23 PM

missannabellee

Posts: 21
Joined: 11/10/2009
Status: offline

quote:

ORIGINAL: CelticSubM

quote:

I realize I'm definitely in the grey zone in Nevada (my defense if I ever need one is that I tried to get hired as a prostitute in counties where it was legal, and they wouldn't hire me because I didn't engage in prostitution... something I have in writing).

How does that constitute a defense? From the statute that was quoted, it doesn't sound like there's much of a gray zone. I'd suggest you talk with an experienced local attorney, before you need one.

I have talked to an attorney. Her suggestion was that if I ever needed her to call, and prostitution would get changed to "performing a lewd act" so I will have a criminal record as a pervert not as a prostitute. Gotta' love Vegas.

_____________________________

http://annabellee.sensualwriter.com

(in reply to CelticSubM)

Post #: 27

RE: Legality of Strap On - 11/12/2009 8:38:15 PM

LadyPact

Posts: 32566
Status: offline

quote:

ORIGINAL: missannabellee

quote:

ORIGINAL: Lockit

I've worked with a lot of cops and I never heard one on vice say that it was the diseases that motivated their bust's. lol

Shoving shit up someone's butt would be considered an assualt or sexual activity and for money... sorry... it is prostitution. Easy fix here, we don't have to argue... call the cops in your area and ask them. lol

Actually, I did.

For others who have posted: I'll agree completely that I think the act is sex. I also personally think it's prostitution. I'm okay with both of those things. And I agree that it's a matter of semantics.

I realize I'm definitely in the grey zone in Nevada (my defense if I ever need one is that I tried to get hired as a prostitute in counties where it was legal, and they wouldn't hire me because I didn't engage in prostitution... something I have in writing).

The point was that the assumption isn't a valid one. If you want to know what is illegal- check out what it says in your jurisdiction. The answer will often surprise you.

Anna

I think the answer kind of surprised you. Just because it's "low on the radar" doesn't change a whole lot. The supposed 'defense' isn't much of one, and it really isn't going to go far should you actually need a defender in the legal sense.

Now, if you're a prostitute and you're good with that, hey, who am I to argue? It saves Me the trouble of having to hear from the males who are paying you to do them.

Welcome to CM and enjoy your stay.

_____________________________

The crowned Diva of Destruction. ~ ExT

Beach Ball Sized Lady Nuts. ~ TWD

Happily dating a new submissive. It's official. I've named him engie.

Please do not send me email here. Unless I know you, I will delete the email unread

(in reply to missannabellee)

Post #: 28

RE: Legality of Strap On - 11/12/2009 8:53:08 PM

CelticSubM

Posts: 102
Joined: 3/12/2004
Status: offline

quote:

I think the answer kind of surprised you. Just because it's "low on the radar" doesn't change a whole lot. The supposed 'defense' isn't much of one, and it really isn't going to go far should you actually need a defender in the legal sense.

I suspect that the local vice squad doesn't spend a lot of time thinking about just what particular acts a suspected prostitute performs. Most detectives would probably have a healthy skepticism about the idea that it is restricted to one thing. In most states, conviction for prostitution specifically does not require proof of any actual physical act. A judge or jury is entitled to infer the crime of prostitution from the circumstances. "Me thinkest not they goeth into the upper chamber to say a pater noster."

(in reply to LadyPact)

Post #: 29

RE: Legality of Strap On - 11/12/2009 9:04:06 PM

Lockit

Posts: 11292
Joined: 5/7/2007
Status: offline

How can a letter from a bordello stating you don't engage in prostitution because you don't perform the acts of prostitution they want you to do and only do certain other kinds, be a defense? When did bordello's define what the law and courts go by?

< Message edited by Lockit -- 11/12/2009 9:05:12 PM >

_____________________________

No matter how old a woman gets, some men will think she was born yesterday! ROFL... I love this place!

(in reply to CelticSubM)

Post #: 30

RE: Legality of Strap On - 11/12/2009 9:14:13 PM

CelticSubM

Posts: 102
Joined: 3/12/2004
Status: offline

quote:

ORIGINAL: Lockit

How can a letter from a bordello stating you don't engage in prostitution because you don't perform the acts of prostitution they want you to do and only do certain other kinds, be a defense? When did bordello's define what the law and courts go by?

It sounds like the argument is that she tried to do what she does legally and was not given the opportunity, so she should be allowed to do it illegally, or at least, should be treated with leniency. It's a bit like someone arguing that he tried to join the armed forces and was turned down, so he shouldn't be punished for being a hit man. Lawyers often come up with some creative defenses, but I don't expect to see that one actually introduced in court, much less accepted.

(in reply to Lockit)

Post #: 31

RE: Legality of Strap On - 11/13/2009 2:24:35 AM

howahkan

Posts: 137
Joined: 10/13/2009
Status: offline

quote:

ORIGINAL: missannabellee

quote:

ORIGINAL: CelticSubM

quote:

I realize I'm definitely in the grey zone in Nevada (my defense if I ever need one is that I tried to get hired as a prostitute in counties where it was legal, and they wouldn't hire me because I didn't engage in prostitution... something I have in writing).

How does that constitute a defense? From the statute that was quoted, it doesn't sound like there's much of a gray zone. I'd suggest you talk with an experienced local attorney, before you need one.

I have talked to an attorney. Her suggestion was that if I ever needed her to call, and prostitution would get changed to "performing a lewd act" so I will have a criminal record as a pervert not as a prostitute. Gotta' love Vegas.

Miss Annabellee,
You have a wrong idea in your head and your getting some bad legal advice. My concern for your safety is the reason I am telling you this.

Speaking as a man who has visited and lived in Las Vegas I have been known (from time to time) to patronize the services of some of the ladies in town. In the 1970's and the early 1980's the police turned a blind-eye to what was going on. By the late 1980's when A.I.D.S. became a real problem with prostitution the laws tightened up.

I was at brothel in Pahrump NV. in the late 1990's and I overheard some of the ladies discussing this very subject. Admittedly their not a legal brain-trust but this is what they said. If a pro get's arrested for prostitution in Las Vegas the first offense is a misdemeanor. Because the laws have been tightened up the are giving them 6 months in the county jail. The second offense is a felony and has a minimum mandatory sentence of 1 year in state prison. If a pro get's arrested for prostitution in Las Vegas a forth time, 1 misdemeanor, 3 felonies they are classified as habitual offenders which carries a sentence of life in prison.

Miss Annabellee I beg you, please get a new attorney.

God Bless Women With Strap-On's...

(in reply to missannabellee)

Post #: 32

RE: Legality of Strap On - 11/13/2009 3:49:10 AM

Sylverdawn

Posts: 1123
Joined: 1/1/2004
Status: offline

Im sorry... but ..seriously.... look at her profile.... RED FLAG.... she is looking to do jail time.... maybe she has a prision/broomstick/dyke/idiot fantasy..who knows... but really who cares!!!!

_____________________________

“When women are depressed, they eat or go shopping. Men invade another country. It's a whole different way of thinking.” Elyane Boosler

Being a women is hard work Maya Angelou

(in reply to howahkan)

Post #: 33

RE: Legality of Strap On - 11/13/2009 4:56:50 AM

thishereboi

Posts: 14463
Joined: 6/19/2008
Status: offline

quote:

ORIGINAL: Sylverdawn

Im sorry... but ..seriously.... look at her profile.... RED FLAG.... she is looking to do jail time.... maybe she has a prision/broomstick/dyke/idiot fantasy..who knows... but really who cares!!!!

Not sure what you mean by this. Care to elaborate?

As to the op, I doubt she is looking for jail time, although she may get it. I thought the whole idea was to generate customers.

_____________________________

"Sweetie, you're wasting your gum" .. Albert

This here is the boi formerly known as orfunboi

(in reply to Sylverdawn)

Post #: 34

RE: Legality of Strap On - 11/13/2009 5:56:09 AM

BoiJen

Posts: 2608
Joined: 3/7/2007
Status: offline

Having recently completed a research paper that focused on Nevada laws regulating prostitution, just because a brothel turns you down doesn't give you license to start operating on your own. Nevada counties that participate in legalized prostitution are very clear-If you don't work for and in a brothel, they'll nail your ass to a wall so hard Christ will say "damn!" Nevada cops are VERY strict when it comes to enforcing their laws in regards to prostitution because of the potential (and often the scorn from conservatives about them even allowing it anywhere in the state) abuses of the laws that allow it.

When dealing with penetration without a license to practice medicine (rectal exams, PAP test, etc), and charging for it, no matter who's penetrating who, in every state in the US, you'll find that a DA (or ADA) is going to be happy to jump on that as prostitution. Now I don't know about other states, but in Michigan committing a "lewd act" is grounds for several different formal felony charges that get you slammed on the state's sex offenders list. Something tells me that there are at least a few other states that operate the same way.

The OP isn't treading a very fine line...she's crossed it. A judge will laugh her out of court and into a jail cell if she presented, "I asked the cops and they said cool," or, "well, the brothels turned me down and I had to do SOMETHING."

Just sayin....

boi

_____________________________

Clips of MsKitty doin' stuff to me. Support the fan club, buy a clip today.

(in reply to thishereboi)

Post #: 35

RE: Legality of Strap On - 11/13/2009 9:29:04 AM

CelticSubM

Posts: 102
Joined: 3/12/2004
Status: offline

quote:

ORIGINAL: thishereboi

quote:

ORIGINAL: Sylverdawn

Im sorry... but ..seriously.... look at her profile.... RED FLAG.... she is looking to do jail time.... maybe she has a prision/broomstick/dyke/idiot fantasy..who knows... but really who cares!!!!

Not sure what you mean by this. Care to elaborate?

As to the op, I doubt she is looking for jail time, although she may get it. I thought the whole idea was to generate customers.

I agree. The original post seemed to be a thinly veiled advertisement, designed to reassure potential customers who might be concerned about taking part in an unlawful activity. It does seem that the original poster is somewhat naive. Her later posts show her as rather blithely optimistic, which is a dangerous trait for someone in her line of work.

(in reply to thishereboi)

Post #: 36

RE: Legality of Strap On - 11/13/2009 10:06:56 AM

LPslittleclip

Posts: 1163
Joined: 9/29/2007
Status: offline

im in the military and it is very strict on sex. even married couples cant have anal sex or risk prosecution if command wants to. the regulation states that placing the penis or any other item anywhere other than the vagina is sodomy. as far as strap-on for money it could be considered prostititution if the police department wanted to force the issue

_____________________________

proud to serve the awsome
LadyPact

(in reply to LadyPact)

Post #: 37

RE: Legality of Strap On - 11/13/2009 10:26:15 AM

BoiJen

Posts: 2608
Joined: 3/7/2007
Status: offline

Hey Chip Clip,

I know that civilian law does not apply to military policy (just look at the military's position on homosexuals). However, given Lawrence v. Texas in 2003, it'd be interesting to see that (the military's position on sodomy) challenged and the result. The fact that "Don't ask, don't tell" hasn't been challenged in federal court since it's inception in the mid '90's is also an interesting situation, given that the Matthew Shepard act just passed. The most recent congressional policy decision that affects minorities in the military was lastly re-evaluated in '92 (women serving in lines of combat). And while it's been reviewed because of the increasing instances of women serving in combat situations in Afghanistan and Iraq, there has been no official challenge to the congressional military policy decision. Then again, "Don't ask, Don't tell" is not a congressional review policy, it's an internal decision.

Anyways, just a thought. It's all really interesting on a social perspective given that the military installations in Nevada were what fed brothels in the '70's and eventually what lead to them being licensed and sanctioned in certain counties across that particular state.Stationed soldiers were the reason that the condom regulation for brothels in Nevada was passed in the late '80's.

Like I said, just a thought.

boi

_____________________________

Clips of MsKitty doin' stuff to me. Support the fan club, buy a clip today.

(in reply to LPslittleclip)

Post #: 38

RE: Legality of Strap On - 11/13/2009 10:46:07 AM

CelticSubM

Posts: 102
Joined: 3/12/2004
Status: offline

quote:

ORIGINAL: BoiJen
Then again, "Don't ask, Don't tell" is not a congressional review policy, it's an internal decision.

That is incorrect. The "Don't ask, don't tell" policy was mandated by Congress in 1994. Also, "sodomy" is a crime under the Uniform Code of Military Justice. Hence, the US military or the President would not be free to change the policy significantly without legislative action. It is doubtful that the "sodomy" provison could be successfully applied to private heterosexual acts, especially between married couples. Various Supreme Court decisions relating to the right of privacy would strongly indicate otherwise. Of course, such cases are unlikely to be prosecuted. That's probably the only reason that the UCMJ sodomy clause, as it pertains to heterosexuals, has not been modified. Courts have always accepted that the special circumstances of the military, the need to maintain discipline, allow the military to impose restrictions that would not be acceptable in civilian life. It would be difficult to rationalize how the military has a legitimate need to regulate private acts between married couples.

(in reply to BoiJen)

Post #: 39

RE: Legality of Strap On - 11/13/2009 10:56:38 AM

BoiJen

Posts: 2608
Joined: 3/7/2007
Status: offline

quote:

ORIGINAL: CelticSubM

quote:

ORIGINAL: BoiJen
Then again, "Don't ask, Don't tell" is not a congressional review policy, it's an internal decision.

That is incorrect. The "Don't ask, don't tell" policy was mandated by Congress in 1994. Also, "sodomy" is a crime under the Uniform Code of Military Justice. Hence, the US military or the President would not be free to change the policy significantly without legislative action. It is doubtful that the "sodomy" provison could be successfully applied to private heterosexual acts, especially between married couples. Various Supreme Court decisions relating to the right of privacy would strongly indicate otherwise. Of course, such cases are unlikely to be prosecuted. That's probably the only reason that the UCMJ sodomy clause, as it pertains to heterosexuals, has not been modified. Courts have always accepted that the special circumstances of the military, the need to maintain discipline, allow the military to impose restrictions that would not be acceptable in civilian life. It would be difficult to rationalize how the military has a legitimate need to regulate private acts between married couples.

I stand corrected.

Then again, the military somehow rationalizes how the American military force would be compromised if homosexuals and bisexuals were allowed to be out about who they're fucking despite that other western nations can do this without an ounce of harm coming to their military's morale. The American military is funny like that. I love those who fight for me so that I don't have to (though I would happily)...those fucking pencil pushers can kiss my ass though (Don't ask, don't tell is the least of my worries around that...proper VA benefits and proper funding for equipment should come first in my opinion).

boi

_____________________________

Clips of MsKitty doin' stuff to me. Support the fan club, buy a clip today.

(in reply to CelticSubM)

Post #: 40

Page: << < prev 1 [2] 3 next > >>

All Forums >> [Community Discussions] >> Ask a Mistress >> RE: Legality of Strap On

Page: << < prev 1 [2] 3 next > >>

Jump to:

New Messages	No New Messages
Hot Topic w/ New Messages	Hot Topic w/o New Messages
Locked w/ New Messages	Locked w/o New Messages

Post New Thread

Reply to Message

Post New Poll

Submit Vote

Delete My Own Post

Delete My Own Thread

Rate Posts

Collarchat.com © 2025

Terms of Service

0.109