This operation was similar to one described in a November 2006 article in the Seattle Times. The Seattle Times article described a two-fold operation where Seattle vice officers contacted suspected prostitutes online and arranged to meet them at a Seattle hotel. Once the prostitutes arrived and offered sex in exchange for money, they were arrested. All in all, seven women were arrested. Thereafter, Seattle officers elected to target "Johns." Officers set up shop at a downtown condominium and posted ads on Craigslist. The operation resulted in 104 arrests of suspected "Johns" in two weeks. In the course of the investigation, officers discovered "a com complete subculture" where men call themselves "hobbyists" and refer to the women they pay for sex as "providers." Officers also discovered that there are even online "review boards" where men rate their experiences with the "providers" and describe their looks and the sex acts she's willing to perform. In fact, during the Seattle operation, a "review board" caught wind of the operation and posted a warning to other "hobbyists." Officers then had to scramble to post new ads and secure new telephone numbers in an effort to stay one step ahead.
Officers have also found that sites such as Craigslist have changed the manner in which prostitutes do business. A September 2007 New York Times article described an operation by officers with the Nassau County New York Police Department (Nassau County borders the New York City borough of Queens). Nassau County officers conducted a "sting" that resulted in the arrest of eight suspected prostitutes. The officers found that three of the women arrested traveled to Nassau County all the way from the San Francisco Bay area. Officers found that prostitutes will fly in from out of state, set up shop in a hotel near the airport, and, using a cellular telephone and laptop computer with Internet access, operate in the hotel for a period of time before moving on to the next city to do the same thing.
While the New York Times article described how officers have criticized Craigslist for allegedly enabling prostitution offenses, Craigslist's president, Jim Buckmaster, stated that his company, with its staff of 24, cannot possibly keep up with the constantly changing listings, and that Craigslist relies upon its users to "flag" objectionable postings, which are then automatically removed by Craigslist. Mr. Buckmaster pointed out that Craigslist has listings for some 450 cities around the world and that it has 25 million users and some 8 billion page views per month.
In terms of any legal liability on the part of Craigslist for the postings, under the Communications Decency Act of 1996, web site owners are generally exempt from liability for materials posted by their users. For instance, In November 2006, the US District Court in Chicago dismissed a fair housing lawsuit brought against Craigslist. The lawsuit alleged that Craigslist's users posted discriminatory housing advertisements, in violation of federal fair housing laws. Craigslist asserted that it is immune from liability under the Communications Decency Act. The US District Court agreed with Craigslist and dismissed the suit, finding that, since Cragslist did not exercise any control over the content of the ads that were posted, it was entitled to immunity under the Act.
In terms of the prostitutes and their customers, it is safe to say that they should not expect to be as lucky should their activities be discovered. In California, soliciting, agreeing to engage in, or engaging in prostitution is a misdemeanor crime punishable by imprisonment in the county jail for no more than six months, or by fine of no more than $1, 000, or both. (Pen. Code, __ 19, 647, subd. (b).) Any person convicted of prostitution after having suffered a prior conviction for that offense is required to receive a mandatory minimum sentence of 45 days in county jail, and, if the defendant has 2 or more prior convictions, the mandatory minimum sentence is 90 days in county jail. (Pen. Code, _ 647, subd. (l).) Also, anyone convicted of prostitution, where the offense involved a vehicle, and where the offense occurred within 1, 000 feet of a private residence, may have their driver's license suspended for 30 days at the discretion of the court. (Pen. Code, _ 647, subd. (l); Veh. Code, _ 13201.5.) In California, prostitution is defined as engaging in a "lewd act" in exchange for money or other compensation. (Pen. Code, _ 647, subd. (b).) California courts have interpreted the phrase "lewd act" to mean physical contact of the genitals, buttocks, or female breast of either the prostitute or customer with some part of the other person's body, for the purpose of sexual arousal or gratification. (People v. Hill (1980) 103 Cal.App.3d 525; Wooten v. Superior Court (2001) 93 Cal.App.4th 422.)
If you or a loved one have been arrested for or charged with prostitution, you should know that Wallin & Klarich ( wklaw areas-sex-crimes. wklaw areas-sex-crimes) has 30 years experience in defending people charged with prostitution. Please contact our firm right away for a free consultation to see what we can do for you.
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