Legal Question in Criminal Law in Kansas

Prostitution? Yes? No?

I am just wondering. A friend of mine is meeting a guy who told her he would give her 20k for a chance at having sex with her. and she agreed. their exact conversation ''Whats it going to take for me to have sex'' She said ''20k'' and he said something along the lines of ok deal. They had this conversation online. She recently sent him an email saying she wouldnt come meet him unless he replied back agreeing that she isnt asking for money for sex and any money given to her is ony one adult giving another adult money. can she get into trouble after sending that, even if she already agreed to doing so???

Asked on 2/12/08, 8:41 pm

1 Answer from Attorneys

Anthony Smith LawSmith

Re: Prostitution? Yes? No?

It sounds like your "friend" has entered into a sticky situation. Whether it is tantamount to prosititution, is dependent upon the details. I would advise your friend not to make such an arrangement.

The questions to ask her are:

What happens if they engage in sexual activity and he does not "give" her any money? If her answer is "that won't happen because I won't have sex unless I get the money" then she is a prostitute.

If he gives her money, and she decides not to have sex, will it negatively affect their relationship?

If not, then they are just friends.

The situation you describe is like two people who plan to get money from a bank where neither has an account, while displying gus. As they are gassing up their car and loading their firearms, one realizes how this looks like they are planning an armed robbery. She proposes a written agreement between the two agreeing that what they are doing is not robbery. Later she is caught with the money from the bank. Do you think their written agreement will be useful to defend her from prosecution for robbing the bank? Most likely it would be used to show that she was planning the obtaining of the money by use of threat of violence.

Prostitution is sometimes called a victimless crime because there is no money missing from any bank, except that of the coconspirator.

You know what your "friend" is proposing is sex for money. It doesn't matter if it is $20k cash, a new car or a box of candy and flowers. they appear to have no other reason to engge in sexual activity. The question is will she get caught and prosecuted? under teh facts you described, she will probably not get caught and prosecuted this time. A lot of unprosecuted prositution occurs on or around Valentines Day. That reminds me, I have to call the florist.

Good Luck

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Answered on 2/13/08, 3:11 pm

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