# Limits of Prostitution

**URL:** <https://boards.straightdope.com/t/limits-of-prostitution/680355>\
**Category:** Factual Questions\
**Created:** [February 2, 2014, 4:10pm UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355 "2014-02-02T16:10:08Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\
**Post date:** [February 3, 2014, 6:53pm UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/21 "2014-02-03T18:53:48Z")

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> [@lance\_strongarm](#):
>
> It was a joke.

The joke being that he assumes that married people are actually having sex.

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**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\
**Post date:** [February 3, 2014, 6:58pm UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/22 "2014-02-03T18:58:48Z")

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> [@lance\_strongarm](#):
>
> Isn’t all marriage essentially paying for sex?

> [@Lemur866](#):
>
> No.

Actually, he’s half right.

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**Author:** ![skdo23](https://avatars.discourse-cdn.com/v4/letter/s/a5b964/32.png) [@skdo23](https://boards.straightdope.com/u/skdo23)\
**Post date:** [February 3, 2014, 7:18pm UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/23 "2014-02-03T19:18:05Z")

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> [@Amateur\_Barbarian](#):
>
> Which never works any more, in the rare case such an encounter gets busted. I’d venture the matter hinges on whether or not you can prove you knew the escort before she knocked on your hotel door.
> 
> My case assumes both prior knowledge and established acquaintanceship - even if I “loan” her $20 or $100 when she leaves, is that enough to put it outside prostitution?

So the law can dictate whether or not a mentally competent adult who provides social companionship for money, a perfectly legal profession, is allowed to have consensual sex with another mentally competent adult in certain situations where it would be perfectly legal for anyone else to do so?

Not saying you’re wrong, just playing devil’s advocate, and of course there obviously are arrests made in this context. Also, in practice, law enforcement tends to single out the provider, not the customer, and I imagine it’s much easier to do this as the provider/service stops just short of guaranteeing sex for money on their website, flyer, etc. In addition, I’m sure there is often something not quite kosher with the recordkeeping, payroll tax withholding, etc. Finally, judging from the number of repeat offenders picked up for solicitation on various cop shows, it seems that the common thing to do is just cop a quick guilty plea in order to get back to work as soon as possible rather than fight it.

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**Author:** ![boozilu](https://avatars.discourse-cdn.com/v4/letter/b/4da419/32.png) [@boozilu](https://boards.straightdope.com/u/boozilu)\
**Post date:** [February 3, 2014, 7:18pm UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/24 "2014-02-03T19:18:55Z")

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> [@lance\_strongarm](#):
>
> Isn’t all marriage essentially paying for sex?

I’ve often wondered about mail-order brides. Or women who marry rich men just for their bank accounts. Next best thing to prostitution!

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**Author:** ![lance\_strongarm](https://avatars.discourse-cdn.com/v4/letter/l/87869e/32.png) [@lance\_strongarm](https://boards.straightdope.com/u/lance_strongarm)\
**Post date:** [February 3, 2014, 8:01pm UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/25 "2014-02-03T20:01:51Z")

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> [@Colibri](#):
>
> If you meant it as one, you should have given some indication of that.

I thought it was obviously a joke, since it’s absurd when taken at face value. But I guess I underestimated the odds of an absurd, yet serious, post appearing here. Next time I’ll add a :D.

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**Author:** ![lance\_strongarm](https://avatars.discourse-cdn.com/v4/letter/l/87869e/32.png) [@lance\_strongarm](https://boards.straightdope.com/u/lance_strongarm)\
**Post date:** [February 3, 2014, 8:02pm UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/26 "2014-02-03T20:02:53Z")

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> [@boozilu](#):
>
> I’ve often wondered about mail-order brides. Or women who marry rich men just for their bank accounts. Next best thing to prostitution!

Boom.

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [February 3, 2014, 9:19pm UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/27 "2014-02-03T21:19:57Z")

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> [@dolphinboy](#):
>
> And what if I pay my fiancee for sex, would that be considered prostitution? What about my girlfriend?

In most states yes because it is non-marital.

> [@dolphinboy](#):
>
> So in other words, when is paying for sex not considered prostitution?

There could be 50 answers. But usually when the couple is legally married or there has been no agreement for an exchange of anything of value for sex. Buying a gal a lobster dinner for a BJ isn’t prostitution if there has been no agreement of sex for the lobster dinner.

It is strange that it’s illegal to sell what’s perfectly legal to give away.  
How about a woman who sells condoms for $200 with free installation and demonstration of use with every purchase? 😉

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**Author:** ![Lemur866](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lemur866/32/434_2.png) [@Lemur866](https://boards.straightdope.com/u/Lemur866)\
**Post date:** [February 3, 2014, 9:46pm UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/28 "2014-02-03T21:46:31Z")

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It may very well be that various sorts of “sugar daddy” relationships might violate one or more of the various laws against prostitution that various localities have on the books.

The problem is how do the authorities go about prosecuting offenders? How do you generate evidence that will stand up in court? The classic victimless crimes are hard to prosecute because nobody calls the cops to complain. Even outright prostitution is hard to prosecute, which is why most laws “against prostitution” actually criminalize solicitation or other related crimes. So depending on the jurisdiction sugar daddy relationships might not actually break any laws if legislators haven’t got around to outright criminalizing those particular acts.

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [February 3, 2014, 10:18pm UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/29 "2014-02-03T22:18:38Z")

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> [@lance\_strongarm](#):
>
> I thought it was obviously a joke, since it’s absurd when taken at face value. But I guess I underestimated the odds of an absurd, yet serious, post appearing here. Next time I’ll add a :D.

There is no such thing as an “obvious joke” on this board that everyone will regard as such, and certainly not on the internet in general. I don’t think there is any position so absurd that someone has not defended it here in all apparent seriousness. So yeah, if you’re joking it’s always advisable to add a smiley.

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**Author:** ![Ann\_Hedonia](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ann_hedonia/32/319_2.png) [@Ann\_Hedonia](https://boards.straightdope.com/u/Ann_Hedonia)\
**Post date:** [February 3, 2014, 10:19pm UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/30 "2014-02-03T22:19:02Z")

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> [@njtt](#):
>
> It is? European legislators are concerned that the jails might become overcrowded with married people who have paid, orbeen paid by, their spouses for sex? :dubious:
> 
> I don’t disagree that US prostitution laws are silly, but I do not think you have _quite_ put your finger on the nub of the problem.

Just the opening :)I need to post one of my favorite Onion stories ever

[http://www.theonion.com/articles/housewife-charged-in-sexforsecurity-scam,1773/](http://www.theonion.com/articles/housewife-charged-in-sexforsecurity-scam,1773/)

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**Author:** ![Tastes\_of\_Chocolate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tastes_of_chocolate/32/3232_2.png) [@Tastes\_of\_Chocolate](https://boards.straightdope.com/u/Tastes_of_Chocolate)\
**Post date:** [February 3, 2014, 11:27pm UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/31 "2014-02-03T23:27:49Z")

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> [@pkbites](#):
>
> How about a woman who sells condoms for $200 with free installation and demonstration of use with every purchase? 😉

Interesting question. What if the non-prostitute got a business license to sell condoms, had a website and business cards, wrote up invoices for $200 condoms, paid taxes on them. Obviously, the sex just happened because the two of them found each other irresistable, once they met.

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [February 3, 2014, 11:43pm UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/32 "2014-02-03T23:43:56Z")

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> [@Tastes\_of\_Chocolate](#):
>
> Interesting question. What if the non-prostitute got a business license to sell condoms, had a website and business cards, wrote up invoices for $200 condoms, paid taxes on them. Obviously, the sex just happened because the two of them found each other irresistible, once they met.

It wouldn’t fly for long, if at all.

There was a business recently in Madison, WI that was selling hugs for an hour and the authorities were all over them.

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**Author:** ![si\_blakely](https://avatars.discourse-cdn.com/v4/letter/s/d9b06d/32.png) [@si\_blakely](https://boards.straightdope.com/u/si_blakely)\
**Post date:** [February 3, 2014, 11:52pm UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/33 "2014-02-03T23:52:46Z")

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> [@Tastes\_of\_Chocolate](#):
>
> Interesting question. What if the non-prostitute got a business license to sell condoms, had a website and business cards, wrote up invoices for $200 condoms, paid taxes on them. Obviously, the sex just happened because the two of them found each other irresistable, once they met.

And the judge is going to ask “since when did a condom cost $200. Guilty of prostitution”

In other words, given that a condom probably only costs $1, then it is fair to say the the other $199 is for the sex. You wouldn’t have paid $200 to walk out with an unused condom. You can’t skirt the law that the easily.

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**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\
**Post date:** [February 4, 2014, 12:31am UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/34 "2014-02-04T00:31:03Z")

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Yeah, that falls into the same category as “It wasn’t bribery; the Governor paid me ten bucks for that add-on I built to his house”. Which also never actually works in court.

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**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\
**Post date:** [February 4, 2014, 12:38am UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/35 "2014-02-04T00:38:53Z")

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> [@si\_blakely](#):
>
> And the judge is going to ask “since when did a condom cost $200. Guilty of prostitution”
> 
> In other words, given that a condom probably only costs $1, then it is fair to say the the other $199 is for the sex. You wouldn’t have paid $200 to walk out with an unused condom. You can’t skirt the law that the easily.

C’mon, folks, we’re talking about _professionals_ here.

Cost of condom: $1.00  
Re-sale price of condom: $1.50  
Knowing where to put the condom: $198.50

And again, c’mon, everyone: The true resolution for much of this thread is “It’s only a crime if you get caught”. So, pay your wife whatever her price is, just don’t broadcast it from the rooftops. Or your girlfriend, or the gal you picked up at the singles bar, or the gal you picked up near the corner lamp post. Just make sure it’s someone you actually know, or for whom you have good references. Prostitutes, know your clients. Clients, know your providers. You _can_ skirt the law that easily.

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**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\
**Post date:** [February 4, 2014, 12:45am UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/36 "2014-02-04T00:45:29Z")

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Oops! (Missed edit window).

Just noticed **Colibri** ’s post #29.

So: 😛

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**Author:** ![lance\_strongarm](https://avatars.discourse-cdn.com/v4/letter/l/87869e/32.png) [@lance\_strongarm](https://boards.straightdope.com/u/lance_strongarm)\
**Post date:** [February 4, 2014, 1:11am UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/37 "2014-02-04T01:11:58Z")

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> [@Colibri](#):
>
> There is no such thing as an “obvious joke” on this board that everyone will regard as such, and certainly not on the internet in general. I don’t think there is any position so absurd that someone has not defended it here in all apparent seriousness. So yeah, if you’re joking it’s always advisable to add a smiley.

I think the joke I made on another thread where someone said there’s lots of masturbating on submarines and I responded with “Sure, it’s full of seamen!” was an obvious joke. Don’t you think so?

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**Author:** ![dracoi](https://avatars.discourse-cdn.com/v4/letter/d/90db22/32.png) [@dracoi](https://boards.straightdope.com/u/dracoi)\
**Post date:** [February 4, 2014, 1:47am UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/38 "2014-02-04T01:47:58Z")

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> [@Tastes\_of\_Chocolate](#):
>
> Interesting question. What if the non-prostitute got a business license to sell condoms, had a website and business cards, wrote up invoices for $200 condoms, paid taxes on them. Obviously, the sex just happened because the two of them found each other irresistable, once they met.

Two things:

First, this is a good area where we have to look at the finer points of the law and how the crime of prostitution is actually defined.

Second, remember that this is ultimately going to be tried in front of a jury full of people who can use common sense to deduce that no one pays that much for a condom, but they will pay that much for sex. So any law that even mentions intent as an element of the crime is pretty much going to sink you right there.

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**Author:** ![Colibri](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/colibri/32/1841_2.png) [@Colibri](https://boards.straightdope.com/u/Colibri)\
**Post date:** [February 4, 2014, 2:13am UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/39 "2014-02-04T02:13:36Z")

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> [@lance\_strongarm](#):
>
> I think the joke I made on another thread where someone said there’s lots of masturbating on submarines and I responded with “Sure, it’s full of seamen!” was an obvious joke. Don’t you think so?

Let’s drop it. In the future just make it clear when you’re joking.

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**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\
**Post date:** [February 4, 2014, 12:36pm UTC](https://boards.straightdope.com/t/limits-of-prostitution/680355/40 "2014-02-04T12:36:58Z")

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> [@pkbites](#):
>
> There was a business recently in Madison, WI that was selling hugs for an hour and the authorities were all over them.

Waitaminute. I heard an interview with the entrepreneur behind the snuggling venture. He swears there was nothing but snuggling going on. There didn’t _have_ to be, he was making money with snuggling. He trained his male and female employees on how to behave if clients pushed the envelope. He believes he was railroaded.

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