Legal Question in Business Law in California

Question about a legal/illegal business.

I would like to open an escort auctions website where people can bid for a date. I think this may be illegal in the USA. Since I am a spanish citizien living in USA I have my spanish address and my bank account in Spain too. So I would open

the company in Spain (based in Spain) but available for people from all over the world from the main website. I was thinking to buy one domain and when people access to the domain browse 2 options: USA version and worlwide version (non-USA). In the USA version I would use words like ''date'' and use the word ''flowers'' for bids instead of ''USD'' and let the members use the

word ''flowers'' for bids instead of ''USD'' and let the members arrange the way of giving ''the flowers'' by themselves. However, if they choose the worldwide version I would use sexual explicit content and let them choose the currency and plus different ways of payment through the website. Do you think I can get in legal trouble being in the USA even if those business are legal in Spain and the company is based in Spain? Of course in the disclaimer I would say that USA version is not related with the contect of the other version and also I would say that is not my responsability if users decide to visit my website. Thank you.


Asked on 7/12/08, 4:52 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Question about a legal/illegal business.

What matters is what people actually do, not what code words they use to describe it. Calling paid sexual encounters "dates" and money "flowers" won't insulate you from prosecution.

The location of the company and the web server likely would not protect you either. Making money by arranging sexual liaisons with prostitutes is called pimping and is a crime in most states. Using a corporation and computer equipment in another country will not turn pimping into something else. It will, however, give the federal government concurrent jurisdiction to charge you with additional crimes based upon your use of interstate and international telecommunications services.

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Answered on 7/12/08, 5:03 pm


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