Legal Question in Criminal Law in California

Prostitution?

A friend and I got busted by undercover cops last weekend. We had posted an ad in Craigslist to have a couple come over and watch us have some fun... No $$ was talked about, traded hands, or even thought of. We are a swinger couple and were just looking to have a unique experience. The undercover couple came in, talked a bit about what they wanted to do and then the guy excused himself to go to the bathroom and came back w/ about 4 guys with badges. We were busted with prostitution and the reason is because it is ''illegal to offer sex for money''. While I understand that, I don't think that what we did was prostitution.... Am I correct and can we fight this?


Asked on 7/06/07, 5:19 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Prostitution?

"Swinging" is ordinarily not prostitution. However, if you exchange sexual favors for anything of value -- not necessarily money -- you have crossed the line. You would have a similar problem even if all you did was propose such an exchange. Depending upon what it said, the content of your Craigslist ad could be used as evidence of your intent.

Can you fight this? Sure. Can you win? That will depend upon the evidence. If you really weren't trying to trade anything for sex you are not guilty, but if the evidence looks bad you may have a serious fight in store.

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Answered on 7/06/07, 6:03 pm
Terry A. Nelson Nelson & Lawless

Re: Prostitution?

Can you fight it? Of course, that's what attorneys are for. Can you 'beat' it? Depends. The facts and the skill of your attorney will determine the outcome. Feel free to contact me for defense if you decide to fight it.

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Answered on 7/06/07, 6:04 pm


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