Reply #1 twiceAweek's post
State Laws dictate prostitution not the federal government
Nevada is the only state has legalized prostitution in brothels only and only in the following counties: Churchill County, Elko County, Esmeralda County, Humbolt County, Lander County, Lyon County, Mineral County, and Nye County. The brothels are licensed and regulated by the State of Nevada.
Each State different laws regarding the hiring of prostitution are all slightly different, but generally speaking it is illegal to solicit sex for money and to offer sex for money. By extension it is illegal to advertise "sex for sale". It is rather explicit that it is for money. It is a misdemeanor crime, mostly consisting of a fine, and possible jail time. Jail time is not very unlikely and if it happens it would be well under a year. Reputational damage for the personal soliciting sex can be sometimes worse than any criminal penalty. Judges have a lot of flexibility on misdemeanor crime penalties.
You will notice that you will find some websites that are very vague and will ask for "gifts" or leaves open for further discussion but will never explicitly say sexual services in exchange for money. This is on the edge of "sex for sale". The vagueness will require law enforcement to do surveillance operation to gather enough evidence to met probably cause for an arrest. This really does become a cost benefit issue for law enforcement on where best to apply resources. Lots of factors such as size of the crime, who are the victims and the level of criminal profile. This will vary state to state, county to county, city to city,
If the prostitute is a sex trafficker victim, many state have victim assistance services and in cases of undocumented immigrant sex trafficked victims, they are often provided temporary legal status as law enforcement prosecute the traffickers. State have implementing on their own way for trafficked victims to reach out for help. For example, in Nevada you can find multilingual sex trafficking assistance information public bathrooms where there are transit stations.
Pornography that is in entertainment industry and complies with the labor laws of the state it is located in is legal. It is a first amendment freedom of speech to produce and sell pornography.
Discussion about sexual acts is protected under the first amendment right of free speech. It is not illegal to talk about it as long as you are neither soliciting nor offering sexual services for money. However, be aware that the police can use the information you post against you if they find you and decide you prosecute you. Police do regularly check all forums. You name the forum anywhere in the world, the relevant law enforcement agency with jurisdiction has visited. This includes hunting through the Dark Web. While, the police will bust prostitution rings, they are focused on human sex trafficking, and child predators. If it is low hanging fruit they will take it (there are news stories of people soliciting sex in line of sight of police), but the majority of resources will be used to take out the worse of the worse.
In the United States, the federal government does work to find US Citizens who go to other countries to have sex with children and/or engage in human trafficking. They do work with other countries' law enforcement to find and bring them back to the United States for prosecution.
Prostitution is a State, not a federal, power. I am generalizing it because I do not want to try to explain all 50 states and US territories illegal prostitution laws.
[ Last edited by anabikumi at 19-3-2023 14:36 ] | |