Legal question

[Veronika2]

A friend of mine who is studying to be a lawyer informed me never to list or name services to clients/ future clients before any money is given, because it could be recognized as solicitation. Is this valid, and would communication through email or Terb be considered incriminating?

It sounds a bit far-fetched to me, but I just thought I'd check.

Thanks,

~ V

 

[joebear]

it's called communicate for the purpose of prostitution, a criminal code offence.

no money has to be given but an offer or consideration for the sex service, does not have to be money.

obviously you are not offering the list or name of services for free are you ?

if free be prepared for the onslaught of PMs.

 

[Perry Mason]

A friend of mine who is studying to be a lawyer informed me never to list or name services to clients/ future clients before any money is given, because it could be recognized as solicitation.

As you said, your friend is only studying to be a lawyer!

If you are communicating that information on the streets, you commit a criminal offence. If you are operating an in-call, then that information may be proof that your place is a bawdy house.

Otherwise, prostitution is legal and you can say on the phone, mail or e-mail, or advertise in a paper or the 'Net that you do BBBJ's for $3 if you wish... as long a you are not promoting someone else's services, which means you are a pimp, which also is illegal.

Perry

 

[joebear]

Re: Re: Legal question

As you said, your friend is only studying to be a lawyer!

If you are communicating that information on the streets, you commit a criminal offence. If you are operating an in-call, then that information may be proof that your place is a bawdy house.

Otherwise, prostitution is legal and you can say on the phone, mail or e-mail, or advertise in a paper or the 'Net that you do BBBJ's for $3 if you wish... as long a you are not promoting someone else's services, which means you are a pimp, which also is illegal.

Perry

Offence in relation to prostitution

213. (1) Every person who in a public place or in any place open to public view

(a) stops or attempts to stop any motor vehicle,

(b) impedes the free flow of pedestrian or vehicular traffic or ingress to or egress from premises adjacent to that place, or

(c) stops or attempts to stop any person or in any manner communicates or attempts to communicate with any person


for the purpose of engaging in prostitution or of obtaining the sexual services of a prostitute is guilty of an offence punishable on summary conviction.

Definition of "public place"

(2) In this section, "public place" includes any place to which the public have access as of right or by invitation, express or implied, and any motor vehicle located in a public place or in any place open to public view.

R.S.C. 1985, c. C-46, s. 213; R.S.C. 1985, c. 51 (1st Supp.), s. 1.

 

[Perry Mason]

Re: Re: Re: Legal question

you may be a lawyer but its obvious you do not practice criminal law.

And you do, right?

You can choose to believe whatever you want; it's a free country!

Perry

 

[joebear]

Procuring

212. (1) Every one who

(a) procures, attempts to procure or solicits a person to have illicit sexual intercourse with another person, whether in or out of Canada,

(b) inveigles or entices a person who is not a prostitute to a common bawdy-house for the purpose of illicit sexual intercourse or prostitution,

(c) knowingly conceals a person in a common bawdy-house,

(d) procures or attempts to procure a person to become, whether in or out of Canada, a prostitute,

(e) procures or attempts to procure a person to leave the usual place of abode of that person in Canada, if that place is not a common bawdy-house, with intent that the person may become an inmate or frequenter of a common bawdy-house, whether in or out of Canada,

(f) on the arrival of a person in Canada, directs or causes that person to be directed or takes or causes that person to be taken, to a common bawdy-house,

(g) procures a person to enter or leave Canada, for the purpose of prostitution,

(h) for the purposes of gain, exercises control, direction or influence over the movements of a person in such manner as to show that he is aiding, abetting or compelling that person to engage in or carry on prostitution with any person or generally,

(i) applies or administers to a person or causes that person to take any drug, intoxicating liquor, matter or thing with intent to stupefy or overpower that person in order thereby to enable any person to have illicit sexual intercourse with that person, or

(j) lives wholly or in part on the avails of prostitution of another person,


is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

(2) Notwithstanding paragraph (1)(j), every person who lives wholly or in part on the avails of prostitution of another person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

Aggravated offence in relation to
living on the avails of prostitution of
a person under the age of eighteen
years

(2.1) Notwithstanding paragraph (1)(j) and subsection (2), every person who lives wholly or in part on the avails of prostitution of another person under the age of eighteen years, and who

(a) for the purposes of profit, aids, abets, counsels or compels the person under that age to engage in or carry on prostitution with any person or generally, and

(b) uses, threatens to use or attempts to use violence, intimidation or coercion in relation to the person under that age,

is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years but not less than five years.

Presumption

(3) Evidence that a person lives with or is habitually in the company of a prostitute or lives in a common bawdy-house is, in the absence of evidence to the contrary, proof that the person lives on the avails of prostitution, for the purposes of paragraph (1)(j) and subsections (2) and (2.1).

Offence - prostitution of person under
eighteen

(4) Every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of eighteen years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

 

[Perry Mason]

Any fool can quote lengthy excerpts from the Criminal Code. They prove nothing, mean less and it does not prove s/he is wise!

And, as well, "A little knowledge is a dangerous thing"...

What kind of hat are you talking through?

Perry

 

[500miles]

it's called communicate for the purpose of prostitution, a criminal code offence.

no money has to be given but an offer or consideration for the sex service, does not have to be money.

obviously you are not offering the list or name of services for free are you ?

if free be prepared for the onslaught of PMs.

My understanding is that the communication has to be done in public, such as at a bar or on the street. Telephone, faxes, emails are considered private forms of communication. The legal eagles on this board can feel free to pipe in.

 

[Kathy P]

I think the problem lies in that what is written in statute or taught in school may be the actual law concerning the subject, but in reality how it is applied/enforced in every day society is, often times, quite a bit different. Students at law schools don't always realize this until they work in the real world of criminal law.