Legal Question in Criminal Law in California
Escorting without a permit violation 103.107.1 LMAC
This happened in Van Nuys California and will be at Division 101 in Van Nuys. I was set up for to be busted for prostitution and it didn't work. The vice called me from an ad I have for escorting. They asked about sex on the phone and I clearly said I don't discuss things like that. When arriving the at the hotel I sat down and started talking about how they were etc. They quickly wanted to discuss payment and what they were getting. At that time I said I don't discuss those things and excused myself to the bathroom where I walked into another hidden cop. Anyway they cuffed me sat me down and asked if I performed sex for money. I replied no, they did a search etc found nothing and gave me a notice to appear in court with the violation being. Escorting without a Permit. LAMC 103.107.1 Is this an infraction or misdermeanor and what can happen to me due to this. This took 15 minutes and they never booked me or finger printed me. In fact we didn't leave the room. They were working on busting others at the time and sent me on my way with my notice to appear. What does all this mean? Thanks in advance.
3 Answers from Attorneys
Re: Escorting without a permit violation 103.107.1 LMAC
It is a misdemeanor and carries penalties of up to $1,000 in fines and/or six months in jail. You will most likely receive a modest fine and no jail time if this is your first offense.
The city will also be able to seek an injunction or restraining order barring you from doing more "escorting" without a valid permit. If you are caught violating such an order you could face more serious penalties. However, the city probably will not bother with this, and you will have an opportunity to oppose if they do.
Be sure to show up at your hearing, because failure to appear is a more serious misdemeanor with more serious penalties. Failing to appear also irritates the judge, and you don't want to irritate the person who is going to decide how severely to punish you.
Getting a lawyer to represent you will probably cost more than the potential fine, but if you are concerned about the risk of jail time (and that risk is bigger if you have a record, even if the record involves different offenses) it might be money well spent.
Re: Escorting without a permit violation 103.107.1 LMAC
Here is the wording of LA Municipal Code section 103.107(1):
SEC. 103.107.1. ESCORT � PERMIT REQUIRED.
(Added by Ord. No. 142,884, Eff. 2/6/72.)
(a) Escort Defined. As used in this article, �Escort� means any person
who, for a fee, commission, hire, reward or profit, accompanies other persons
to or about social affairs, entertainments or places of amusement or consorts
with others about any place of public resort or within any private quarters.
(b) Permit Required. No person shall be engaged as an Escort without a
written permit from the Board. Such permit shall be issued to the address of
the employer.
(c) Employment Prerequisite. Before an application for an Escort will be
acted upon by the Board, the applicant shall present satisfactory evidence that
such person is at least 18 years of age and that employment has been offered
by an Escort Bureau under permit by the Board, including name and address
of prospective employer, and such employment is contingent upon the issuance
of said permit. (Amended by Ord. No. 144,116, Eff. 12/31/72.)
(d) Identification Card. Each permittee shall be issued an identification
card by the Board and shall carry such card when acting as an escort. Each
permittee shall immediately surrender to the Board any identification card
issued by the Board upon suspension, revocation or cancelation of the permit,
and upon leaving employment.
(e) Change of Location. A change of location may be endorsed on a
permit by the Board or its designated representative upon written application
by the permittee, accompanied by the change of location fee as prescribed.
(f) Persons Under 18. No permittee shall escort or perform any activity
covered by this section or offer to escort or perform any other activity
covered by this section to any person under 18 years of age, except at the
special instance and request of the parent, guardian or other person in lawful
custody of the person upon whose behalf the escort service is engaged.
(Amended by Ord. No. 144,116, Eff. 12/31/72.)
I would definitely advise you to get a lawyer, because what the police will say in their reports is likely to differ significantly from your version of the facts. Unless you have had substantial experience with the criminal prosecution system (which, as Mr. Hoffman says, will make the current offense much worse than a first offense), you cannot defend yourself effectively. The system takes advantage of people who represent themselves, and having a lawyer levels the playing field. Since you run a business, think of your attorney's fees as a business expense and hire one before you go to court. Most criminal lawyers give free consultations. I certainly do. Feel free to give me a call to set up a meeting to discuss your case in much more detail and also to discuss fees. Steve Mandell 310 393 0639 *(in Santa Monica for 30 years)
Re: Escorting without a permit violation 103.107.1 LMAC
Thank you for your posting, and I am sorry to hear about the situation you now face.
You have two excellent responses, but I have to add, to respond directly to your question, that "what it all means" is that you are being charged with a crime, operating as an escort without a license, which is a LA Municipal Code violation.
The responsible thing to do would be to get an attorney, as it appears you do have defenses and may have some leverage to negotiate this case with the prosecutors, but you would not be likely facing jail, as stated, even though the maximum for this offense includes jail time.
I hope this helps, and if you have other questions, or need more information, please feel free to email me directly at [email protected]. I am happy to assist you in any way that I can.
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