You can’t generally get out of legal trouble via loopholes like this, because the law looks at the totality of circumstances, not specific magic words.
Like, there’s a similar sort of loophole for the production of pornography. It’s legal to produce, and involves paying people to have sex on camera. But you can’t get out of a prostitution charge by setting up a camera because the court is not so easily fooled. It will investigate whether you were actually producing pornography for sale or whether you were trying to do an end run around prostitution law.
Judges don’t like it when you are trying to do an end run around the law.
I mean, or you do it directly. I have to imagine that the vast majority of prostitution goes undetected and is unprovable in court.
But if the “prostitute” you chose is a cop, and she presents you with an array of NDAs for different acts at different prices (as is the style in our hypothetical), “we were just negotiating the terms of disclosure” is going to be an ineffective legal defense.
I’m not a criminal lawyer, but I doubt very much that a ride home would be considered of sufficient value to make that transaction into prostitution. That would make a lot of ordinary interpersonal exchanges into prostitution.
Pornography is not a loophole, and it’s not dependent on whether you’re selling anything. It’s question of the intent and the relationships between the participants. Are they all co-equal performers or is one of them being paid for sex, and is one of them paying for sex?
I think we mostly agree here and are quibbling over details. Attempting to claim that you were involved in the production of pornography when you really are just trying to pay for sex and use pornography as a cover is trying to use it as a loophole.
No, it is not dependent on you selling it, but that’s one thing that a court will look at to see if you are engaged in the bona fide production of pornography. Another, as you mention, is whether all performers are being paid. But, presumably, that’s not ironclad either, as a producer/director/cameraman/star couldn’t be one and the same person, and would not pay himself.
Again, my point is not to go into the details of how pornography is different than prostitution, but to show that you can’t get out of a prostitution charge with a pretense like aiming a camera at the act or negotiating over NDAs.
Yes. I once offered to take out the garbage if my girlfriend would make love with me. She agreed. That’s not prostitution by any stretch of the imagination.
Addenda: I didn’t actually enforce this because I didn’t want to give the appearance of any coercion, but she was agreeable, more or less. As soon as I got back from the dumpster, she was taking her socks off.
That sounds like a pretty good idea, but for the implied threat of it all. Telling a John to sign this and pay me this or I’m tellin’, sounds like bad business. I’m not sure pimps would agree to that practice.
