I saw this news magazine show on TV some time ago. I think it was Primetime Live on ABC.
Anyway the topic was prostitution, and more specifically its proposed legalization. One ex-prostitute they interviewed said she can have all the sex she wants. But if just one penny appears on nightstand, it becomes illegal.
That’s certainly true. Sex in private between consenting adults is generally legal in the USA. But this got me to thinking. Is it really always?
For example if you stood on a street corner with a sign that said ‘free sex’, wouldn’t that technically be illegal? I don’t know the exact law. But I think it is. And that certainly undercuts her argument.
Also while we’re at it, what about gay sex? Is that technically legal in the U.S.? Believe it or not, a little while ago I read an article (I don’t remember where–sorry:)) that Texas of all places is enforcing their sodomy statute. And this is post Lawrence v. Texas. I’m serious.
Supposedly adultery is illegal in parts of the USA, as well as strict prostitution as mentioned. No idea how the sex police go about enforcing these statutes.
Back to the OP: I agree, I don’t see how a “Free Sex” sign would, in and of itself, be a crime.
As noted, there’s no money changing hands, so it’s not prostitution.
Assuming that it’s not leading to sex in public, it wouldn’t be violating any public conduct / public nudity laws.
There are, IIRC, some states and cities in which adultery is still a crime; I wonder if there are some places in which fornication between an unmarried couple might still be a crime, too. But, I don’t think that either of those are necessarily the case in most of the U.S.
Can you confirm this? I just did some googling and I can’t find a case of anyone being arrested under the sodomy statute since the Lawrence decision.
I know Texas is still pretty hostile to gay people. They refuse to repeal the sodomy statute even though it’s unenforceable. Gay people have reported being threatened with arrest by police officers who invoke the law. Texas allows people to legally discriminate against gay people. Texas has never invoked its hate crime laws in defense of any gay person. And the Texas state government has tried to enact laws prohibiting local governments in Texas from enacting local laws which protect gay people.
The guiding principle of the Texas state government seems to be that they will do as little as possible for gay people as the law allows and will harass gay people as much as the law allows. But they seem to stay inside the limits of the law.
Depending upon prevailing local mores, any of a number of catch-all offenses are available to local law enforcement to use as they see fit: Public Indecency; Disturbing the Peace; Endangering a Minor (as soon as some teenager walks by); Yadayadayada Within 1500 Feet of a School or Park; Criminal Mischief; Creating a Public Nuisance; and so on.
Might get thrown out of court, or even nolled, but I betcha the sign-holder would be taken into custody and the sign confiscated as evidence, mug shot put up on some website …
But I agree, that seems wrong. Like Carlin said, “Selling is legal; [sex] is legal. Why isn’t selling [sex] legal?!”
What he just said (in reference to other questions people have posted).
And as Little Nemo said, Texas is a very hostile place for gays (in reference to the Texas question). So anything is possible.
BTW not to digress. But Michigan (where I live) also has declined to officially delete its sodomy statute. So gays are apparently in legal limbo in Michigan too. And Michigan isn’t too hostile towards gays, IMHO at least.
And as I said, I don’t know where that article is about Texas. Sorry again.
According to a cop I know, it’s only prostitution if the price is negotiated before the act. If later the person wants to leave some cash on the nightstand, technically that is not illegal.
Even though it may be legal to have sex without being paid, standing on the street with a sign offering it would probably offend someone’s sense of moral outrage and there would be trumped up charges like “public lewdness.” But I am not aware of any law that, in general, prohibits the solicitation of free sex. Wouldn’t that pretty much put every singles bar out of business?
I was in a bar this spring and a woman stood up, cleared her rheumy throat, then made an announcement to all. Apparently, she had walked to the bar earlier that day and with closing time looming, she was looking for a ride home, ~1.5 miles up the road.
She made her announcement and it was followed by silence, so she “sweetened the pot” by adding, “I’ll make it worth your while”.
Long after some dude left with her, we continued to discuss whether or not her offer amounted to prostitution.
As I understand it, a woman can have sex with a man and then charge him for “signing a Non-disclosure Agreement.” I predicted a while back that sex workers would simply begin carrying various forms promising not to talk about specific acts, and charging set amounts for signing one. Apparently this has not been happening.
True enough. OTOH, all of those are going to be laws/crimes that don’t specifically cover the “Free Sex” sign, so much as being broad enough that a local official who feels annoyed or offended by the sign can choose to hang on the sign-holder.
Probably. Most states don’t require money to be involved to trigger their laws against prostitution. An exchange of a sexual act for something of value would do it. And a DA would have a pretty easy time establishing a ride home as a thing of value; there are businesses that provide that service.
The agreement was also made in advance so that would qualify it. The only issue which isn’t clear is what act resulted from the promise of it being “worth your while”. But generally states establish a pretty broad interpretation of what constitutes a qualifying sexual act for the purposes of a sex crime.
IANAL but I think it is possible, but only if it were proven that a sex act took place. In that particular instance, ain’t gonna happen. The statement was probably too vague to prove that it was solicitation of a sex act for payment.
