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Legal 2-2D Prostitution and Obscenity. COMPELLING PROSTITUTION 2907.21 A. Knowingly… B. Compel another to engage in sexual activity for hire OR C.

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Presentation on theme: "Legal 2-2D Prostitution and Obscenity. COMPELLING PROSTITUTION 2907.21 A. Knowingly… B. Compel another to engage in sexual activity for hire OR C."— Presentation transcript:

1 Legal 2-2D Prostitution and Obscenity

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4 COMPELLING PROSTITUTION A. Knowingly… B. Compel another to engage in sexual activity for hire OR C. Induce, procure, encourage, solicit, request, or otherwise facilitate… 1. A minor to engage in sexual activity for hire, whether or not the offender knows the age of the minor OR 2. A person the offender believes to be a minor OR

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6 COMPELLING PROSTITUTION D. Pay or agree to pay a minor directly or through a minor’s agent, so that the minor will engage in sexual activity, whether or not offender knows age of minor OR E. Pay or agree to pay a person the offender believes to be a minor OR H. Allow a minor to engage in sexual activity for hire if person is the parent, guardian, custodian, person having custody or control, or person in loco parentis OR

7 COMPELLING PROSTITUTION Degree of Offense F-3 Degree of Offense F-3 F-2, if person compelled to engage in sexual activity is 16 years of age or older but less than 18 years of age F-2, if person compelled to engage in sexual activity is 16 years of age or older but less than 18 years of age F-1, if person compelled to engage in sexual activity is less than 16 years old F-1, if person compelled to engage in sexual activity is less than 16 years old

8 COMPELLING PROSTITUTION Prostitute – male or female who promiscuously engages in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another Prostitute – male or female who promiscuously engages in sexual activity for hire, regardless of whether the hire is paid to the prostitute or to another Both male and female victims are contemplated and the compulsion used may be force or the threat of force, duress, or coercion of any kind Both male and female victims are contemplated and the compulsion used may be force or the threat of force, duress, or coercion of any kind

9 COMPELLING PROSTITUTION It does not matter that the victim did not become a prostitute. It is sufficient that the victim was compelled ONLY once to engage in sexual activity for hire It does not matter that the victim did not become a prostitute. It is sufficient that the victim was compelled ONLY once to engage in sexual activity for hire “Compel” does not require compulsion be openly displayed or physically exerted “Compel” does not require compulsion be openly displayed or physically exerted The element “compel” established if state proves that the victim’s will was overcome by force, fear, duress, or intimidation The element “compel” established if state proves that the victim’s will was overcome by force, fear, duress, or intimidation

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11 PROMOTING PROSTITUTION A. Knowingly… B. Establish, maintain, operate, manage, supervise, control, or have interest in a brothel OR C. Supervise, manage, or control the activities of a prostitute in engaging sexual activity for hire OR

12 PROMOTING PROSTITUTION D. Transport another or cause another to be transported… 1. Across county or state line OR 2. In order to facilitate the other person’s engaging in sexual activity for hire… E. For the purpose of violating or facilitating a violation of this section, induce or procure another to engage in sexual activity for hire

13 PROMOTING PROSTITUTION Degree of Offense Degree of Offense F-4,F-3 if the victim is a minor F-4,F-3 if the victim is a minor Forbids acts which further the business enterprise of prostitution Forbids acts which further the business enterprise of prostitution When victim is a minor the punishment is more severe When victim is a minor the punishment is more severe This encompasses the business of operating an “escort service” where sex for hire is involved This encompasses the business of operating an “escort service” where sex for hire is involved

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15 PROCURING Division (A) Division (A) 1. Knowingly and for gain… 2. Entice or solicit another person to patronize a prostitute or brothel OR 3. Procure a prostitute for another person to patronize OR 4. Take or direct another person at his own request to any place for the purpose of patronizing a prostitute

16 PROCURING Division (B) Division (B) 1. Having authority or responsibility over use of premises… 2. Knowingly Permit the premises to be used for the purpose of engaging in sexual activity for hire

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18 PROCURING Degree of Offense – M-1 Degree of Offense – M-1 Covers different kinds of conduct Covers different kinds of conduct Pimping Pimping Pandering Pandering Procuring Procuring

19 PROCURING Bellboy calls a local prostitute and lines up a call girl with a hotel guest, Violation? Bellboy calls a local prostitute and lines up a call girl with a hotel guest, Violation? Yes Yes Taxi driver takes passenger to local bordello at the passenger’s request in the hopes of receiving a gratuity, Violation? Taxi driver takes passenger to local bordello at the passenger’s request in the hopes of receiving a gratuity, Violation? Yes Yes

20 PROCURING “No-tell Motel” operator is aware that most of his business involves prostitutes taking clients to motel rooms, Violation? “No-tell Motel” operator is aware that most of his business involves prostitutes taking clients to motel rooms, Violation? Yes Yes

21 SOLICITING (AFTER POSITIVE HIV TEST) ORC Division (A) Division (A) 1. Solicit another… 2. To engage with such other person in sexual activity for hire

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23 SOLICITING (AFTER POSITIVE HIV TEST) ORC Division (B) Division (B) 1. With knowledge that the person has tested positive as a carrier of a virus that causes AIDS…Engage in conduct in violation of Division (A) of this section

24 SOLICITING (AFTER POSITIVE HIV TEST) ORC Degree of Offense Degree of Offense Soliciting, M-3, if violates division (A) Soliciting, M-3, if violates division (A) Engaging in Solicitation after a Positive HIV Test, F-3, if violates division (B) Engaging in Solicitation after a Positive HIV Test, F-3, if violates division (B)

25 SOLICITING (AFTER POSITIVE HIV TEST) ORC Forbids solicitation of paid sexual activity regardless of whether the person soliciting is buying OR selling his/her favors Forbids solicitation of paid sexual activity regardless of whether the person soliciting is buying OR selling his/her favors Forbids professional as well as casual solicitation Forbids professional as well as casual solicitation

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27 LOITERING TO ENGAGE IN SOLICITATION (AFTER HIV TEST) Division (A) Division (A) 1. With the purpose to solicit another to engage in sexual activity for hire… 2. While in or near a public place… a. Beckon to, stop, or attempt to stop another OR b. Engage or attempt to engage another in conversation M-3, F-5 after Positive HIV Test

28 PROSTITUTION Division (A) Division (A) 1. Engage in sexual activity for hire Division (B) Division (B) 1. After Positive HIV Test… 2. Engage in sexual activity for hire Degree of Offense M-3 Degree of Offense M-3 Positive HIV Test F-3 Positive HIV Test F-3

29 Obscenity Statutes

30 Miller Obscenity Test Miller v. California (1973) 1.Whether average person, applying contemporary standards… with work taken as a whole, appeals to the prurient (lustful) interest AND 2.Depicts or describes in offensive way, sexual conduct AND 3.Taken as a whole, lacks the serious literary, artistic, political, or scientific value

31 Disseminating Matter Harmful to Juveniles With knowledge of content…Recklessly… 2. Directly sell, deliver, furnish, disseminate, provide, exhibit, or present to…a juvenile or undercover cop 3. Any material or performance which is obscene or harmful to juveniles OR 4. Allow juvenile to review or peruse any material or view any live performance that is harmful to juveniles.

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33 Disseminating Matter Harmful to Juveniles Degree of Offense Degree of Offense M-1, if material or performance presented is harmful to juveniles, but not obscene M-1, if material or performance presented is harmful to juveniles, but not obscene F-5, if material or performance is obscene F-5, if material or performance is obscene F-4, if material or performance presented is obscene and the juvenile is under 13 years of age F-4, if material or performance presented is obscene and the juvenile is under 13 years of age

34 Disseminating Matter Harmful to Juveniles “Present to a juvenile” means a direct presentation to specific juvenile(s) as opposed to a presentation to the general public State v. Zeh (1982) “Present to a juvenile” means a direct presentation to specific juvenile(s) as opposed to a presentation to the general public State v. Zeh (1982)

35 Displaying Matter Harmful to Juveniles a. Having control of a commercial establishment… b. With knowledge of content involved… c. Display at the establishment… d. Any material… e. That is harmful to juveniles AND f. That is open to view by juveniles as part of the invited general public M-1 with each day a separate offense M-1 with each day a separate offense

36 Pandering Sexually Oriented Matter Involving a Minor Create, record, photograph, film, develop, reproduce, or publish… 2. Any material that shows a MINOR… 3. Participating or engaging in sexual activity, masturbation, bestiality OR 4. Knowingly…Solicit, receive, purchase, exchange, possess, or control… F-2, F-4 if received

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38 Illegal Use of Minor in Nudity Oriented Material or Performance Create…Any material or performance… Create…Any material or performance… Showing a minor who is not the actor’s child or ward… Showing a minor who is not the actor’s child or ward… In a state of nudity UNLESS In a state of nudity UNLESS For a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose… For a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose…

39 Deception to Obtain Matter Harmful to Juveniles For purposes of enabling a juvenile to… For purposes of enabling a juvenile to… Obtain any material OR Gain admission to any performance… Obtain any material OR Gain admission to any performance… Which is harmful to juveniles… Which is harmful to juveniles… Falsely represent that he is the parent, guardian, or spouse of such juvenile Falsely represent that he is the parent, guardian, or spouse of such juvenile

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