BUSTED!

[Guest jeffOH]

Well, my nearly 12 year run of avoiding arrest came to an end this evening.

 

Got a call re: a massage ad I have in The Other Paper(a local alternative that won't allow me to use the word "escort"). "Joe" was interested in my services. He sounded somewhat strange on the phone, but I figured he was just nervous. I thought it odd, also, that he was ready to make an appt. without knowing my description or my rates.

 

Well, I got Viagra-d up, hit the bong and headed for Reynoldsburg(a Columbus suburb in a different county). Got to The Fairfield Inn and went to his room. He was in his late '20s, cute and seemed normal, but nervous. Once again, I just assumed it was his first time or something. Should have trusted my instincts.

 

I took off my coat, boots and asked to use his bathroom. He asked me if there was anything I wanted him to do, like undress and put on a towel. I said, yes, if you'd like.

 

Peed, washed my hands, opened the bathroom door and BAM!, just like on COPS, undercover guys with their badges in my face asking me to come with them to the adjoining room. Classic sting operation with video equipment monitoring and taping the room next door. I counted at least 7 cops involved in this waste of taxpayers' money. They asked me if I knew what I was being charged with, I said NO! Apparently it's against their city code to perform a massage without a license. The citation says, "No person shall operate or cause to be operated an adult entertainment and/or sexually-oriented business or club with said permit".

 

Searched me, photographed/fingerprinted me(at least he was HOT!). They kept my lube and condom as "evidence". Gave me my citation and walked me out a side door to my car. I was home less than an hour after I'd left and was able to call and warn the ex-boyfriend who has an ad in the same paper.

 

Anyway, it could have been worse, an arrest for prostitution would would have been much more costly. I go to court in 3 weeks.

 

If you're interested in contributing to my "Defense Fund", please e-mail me.;-)

 

JEFF jeff4men@hotmail.com

[Huey]

Refreshing to read an honest account instead of all this hush hush speculation that goes on here.

 

With that in mind very sorry to hear about your misfortune Jeff ,,, I hope you're able to get the charges dismissed or if you do go to trial will be found not gulity.

 

I'm sure the Columbus area cops are quite proud that they busted such a large fish in thier little pond.

 

Stay Strong!

[Chuck50]

Jeff I think your need FFF as your lawyer he will get you off or is it HUNG?? LOL HUGS Chuck

[LovesYng]

Yo Jeff, sorry to hear. Guess the cops can't find any drug dealers, wife beaters, bank robbers etc etc etc:-(. I guess nuttin better to do. Can't wait to see how FFF screws this up:+

[OneFinger]

Very sorry to hear this happened. It stinks! x(

 

Is this considered a misdamenor (sp?) or a felony? Any chance you can get it removed from your record if you keep your nose clean for a couple of years?

 

Also very surprised that they'd entrap you in another county. Don't they have better things to do?!?!

[Guest jeffOH]

>Is this considered a misdemeanor or a felony? Any chance

>you can get it removed from your record if you keep your nose

>clean for a couple of years?

 

It's a 4th-degree misdemeanor. It'll probably just be a fine and court costs. I'm not sure about having it removed from my record.

 

>Also very surprised that they'd entrap you in another county.

>Don't they have better things to do?!?!

 

I thought at first it was the Columbus Police or the Franklin County Sheriff. Then I got a good look at an officer's badge and saw that it was Reynoldsburg which straddles the county line. Apparently they don't have anything else better to do.

 

Thanks for the support guys. I really appreciate it.

:-)

 

JEFF jeff4men@hotmail.com

[Flower]

[font color="green"

] Jeff, how are you going to handle this, if I might ask--plead out or fight?

 

Have you talked to an attorney? I have no idea what your statute says there, but many of these statutes are such that the first offense is of very nominal consequence, but subsequent convictions could be higher grade or even a felony or at least a much more sever fine. I'm not suggesting that is the case there, BUT I am strongly recommending you at least talk to a criminal law specialist before you cop a plea -- if that was your intent.

 

Also, make sure they can prove the crime. Although I'm sure the above was severely abbreviated, from what you said, not a lot to convict on, so don't just assume they have you dead in the water.

 

Sorry to hear about this and good luck. Feel free to IM if need some advise, but realize I'm a Ca and Ore atty., not Oh -- but in case you haven't noticed, that's NEVER stopped me from giving advise :+

[Guest Dan]

It sucks that you were busted and that they required seven cops to do it. I don't know your area at all, but it seems that they went out of their way to drag you in from another jurisdiction. I wonder how the people of this town would feel to know that this is what their taxpayer dollars are going for: chasing after unlicensed masseurs.

 

WOW. Good to see where their priorities are!

 

Dan Dare

http://meetlocalmen.com/mlm/dandarela.html

[Guest Merlin]

If you never discussed a fee, they cannot prove a case. It of course in not a violation to give a free massage. The ordinance they cited seems to require some promise or performance of sex, which from your description, did not exist.I would also object to jurisdiction in that city. To the extent that they rely on the telephone conversation, those acts took place in another jurisdiction. Many judges would not like the idea of calling someone and asking them to come into the city to charge them with a crime. It is not technically entrapment in the constitutional sense, since your ad proves a previous inclination to perform the act, but it doesnt smell right. Let us know how it turns out.

[Guest in yer face]

Sorry to hear of it. Do what all have suggested here and GET A LAWYER. Its possible that they may just drop the charges altogether. I beleive that the hearing you are scheduled for will just be the arresting officer and the judge. Take your lawyer, and ask for a jury trial. SInce its such a low level misdemeanor, the chances are that even if a trial happens, the officer may not even show up.

[scott90746]

I agree with Merlin. Also, free legal advice from The Flower seems like a generous offer and would be smart to take advantage of.

 

I can't imagine the prosecution of unlicensed masseurs is worthy of spending taxpayer's money on in this day and age.

 

If not terribly expensive, I would fight this BS charge. Luckily it wasn't for prostitution !!!!!!!!!

[Guest Everett]

I would agree with the advice that you should speak with a defense lawyer. From what you said, there does not seem to be much here in the prosecutor's case. Of course, I don't know the exact wording of the statute, so it's difficult to judge the real strength of the case.

 

Another reason to talk to a lawyer is that there may be some program where you can pay a fine, do some community service, and when you complete the requirements, the charges are dismissed and the arrest record is expunged. This most likely would be open to people charged with minor offenses and with clean criminal records. If OH does offer this option, this type of charge may be one that could be disposed of in this way. If so, no doubt there are deadlines to keep in mind as you apply for acceptance into this program. A defense lawyer would be familiar with this (if this really is an option in OH), and he'll know the procedure.

 

Good luck!

[CT Dick]

> Apparently it's against their

>city code to perform a massage without a license.

 

Since you hadn't "performed" yet, there may be a giant hole in their charges. I hope you lawyer agrees.

 

Dick

[Guest jeffOH]

Thanks Flower and everyone else who's offered advice, it's greatly appreciated.

 

Here's a link to the Reynoldsburg City Code 795.09 is the ordinance I was cited for violating.

http://www.amlegal.com/nxt/gateway.dll/Ohio/Reynoldsburg/part00102.htm/chapter00117.htm?

 

In reading this, there's no mention of offering massage services without a license. It seems to me that this was intended to regulate strip clubs and adult bookstores. I'm not sure how they're going to establish that I was offering "adult entertainment".

 

The ad they called was in a paper that doesn't allow the use of the word "escort" and was listed under "Personal Services". I've advertised in this paper for several years. The ad reads:

 

"Jeff's Hot Man to Man Massage"

Let this very sexy masculine man

with a lean muscular body, help you

release all your stress. $120 incall/$140 outcall

By appt. only. 224-4419

 

No money was exchanged, I didn't touch him except for a handshake when I came into the room. I was fully clothed and so was he. He did ask if he should undress and put on a towel before I went to the bathroom.

 

In our phone conversation, I had given my rates and my physical description(I did say that I had around 8 inches). I made no reference to any sexual acts, nor did he.

 

I do have a friend who's a public defender for Columbus, I'm going to get her opinion.

 

Let me know what you guys think.

 

Thanks!

 

JEFF jeff4men@hotmail.com

[Guest Kenny021]

>Sorry to hear of it. Do what all have suggested here and GET

>A LAWYER. Its possible that they may just drop the charges

>altogether. I beleive that the hearing you are scheduled for

>will just be the arresting officer and the judge. Take your

>lawyer, and ask for a jury trial. SInce its such a low level

>misdemeanor, the chances are that even if a trial happens, the

>officer may not even show up.

 

Absolutely agree with above. From what you relate, it does not appear that you even suggested a sexual encounter. Going to the bathroom to wash your hands while he undresses and puts on a towel hardly sounds illegal....Especially if no money was ever exchanged. They probably are assuming that you will plead guilty and pay the fine. If you can't afford a lawyer, seek legal aid and/or ACLU. I suspect that when you plead "not guity" they will not want to take it to a trial and waste precious taxpayers money on such frivolous evidence. Carrying lube and a condom on your person (for a possible encounter with your "date" later in the evening) is not considered a crime is it? From the info you gave, this is an extremely flimsy case and I suspect that any amateur lawyer could get you off. Good luck and by all means, keep us informed.

[axebahia]

>Got a call re: a massage ad I have in The Other Paper(a local

>alternative that won't allow me to use the word "escort").

>"Joe" was interested in my services. He sounded somewhat

>strange on the phone, but I figured he was just nervous. I

>thought it odd, also, that he was ready to make an appt.

>without knowing my description or my rates.

 

Exactly what services did he inquire about, and precisely what did you agree to do? You say that he did not ask about your rates, but was it clear that he was procuring a commercial service? Did your Ad list your standard commercial terms?

 

>Well, I got Viagra-d up, hit the bong and headed for

>Reynoldsburg(a Columbus suburb in a different county). Got to

>The Fairfield Inn and went to his room. He was in his late

>'20s, cute and seemed normal, but nervous. Once again, I just

>assumed it was his first time or something. Should have

>trusted my instincts.

>

>I took off my coat, boots and asked to use his bathroom. He

>asked me if there was anything I wanted him to do, like

>undress and put on a towel. I said, yes, if you'd like.

>

>Peed, washed my hands, opened the bathroom door and BAM!, just

>like on COPS, undercover guys with their badges in my face

>asking me to come with them to the adjoining room.

 

Same questions as above. Are you sure there was no discussion of anything commercial between the time you entered the room and you went to pee? I am having a hard time picturing that, unless there was much more of a commercial discussion over the phone than your initial post suggests.

 

I am not trying to be critical of you in any way. I just think precision here is crucial if we are all going to learn from your recent experience. As folks here know, I regularly advocate having far less precise or extensive communications than others here like to suggest.

[axebahia]

I can't access the link so I won't comment on the licensed masseur/adult entertainment distinction. The fact that no money was exchanged is not determinative of anything, if you agreed to do so. In your latest post, you have clarified that your standard rates were posted in the Ad on a regular basis, and that you (not he) raised them in the phone conversation. (You must have agreed to something over the phone. If so, what?) There is probably a tape of that although I think it would likely be inmadmissible, but keep in mind it would be your word (a whore who advertises his services) against that of a peace officer. I think most trier of facts would lean towards the peace officer under similar circumstances unless you can come up with some innocent explanation for the Ad.

[Luv2play]

We had a thread on this subject a couple of months ago when someone brought up the subject of police stings in certain New York mid-town hotels. As a client, I don't obsess about it but I usually am pretty thorough in discussing my requirements and expectations in advance either with an erotic masseur or an escort, particularly for first time encounters. If I am not satisfied with the responses or the person is too vague, I proceed no further. The escort should do the same. I think a policeman would be reluctant to engage in a very explicit discussion over the phone. And, unless I'm wrong, they can't come and arrest you for what you discussed on the phone, or at least I have never heard of that. After all, isn't phone sex legal?:+

[+ Cash4Trash]

Had a friend busted here in New York recently for "sensual massage".

He's aware that any plea can have serious consequences down the road

so he fought it. Three times the cops never showed up for a hearing

and the judge threw everything out. Get good advice and it may just all go away.

[Guest jeffOH]

>Exactly what services did he inquire about, and precisely what

>did you agree to do?

 

In my previous post you'll see my ad EXACTLY as it is in the paper. The ad headline refers to "massage". He did not ask ANY questions regarding massage, nor did I agree to do ANYTHING.

 

>You say that he did not ask about your

>rates, but was it clear that he was procuring a commercial

>service? Did your Ad list your standard commercial terms?

 

The only "commercial terms" references would have been the word "massage" in the headline and my rates for in/outcall.

 

>Are you sure there was no discussion

>of anything commercial between the time you entered the room

>and you went to pee?

 

He opened the door, I introduced myself, we shook hands. I walked over towards the chair, took off my coat and boots while commenting on the cooler weather. I sat down and said something about it was nice the day before and I had gone rollerblading. I then asked if I might use the bathroom. That was when he asked me, "Is there anything you want me to do, like put on a towel?" I said, sure, if you'd like and proceeded to the bathroom. I was still fully clothed. Then, there they were when I exited the bathroom.

 

>I am having a hard time picturing that,

>unless there was much more of a commercial discussion over the

>phone than your initial post suggests.

 

Nothing more was said than what I've said here. As I in my original post, they did keep my lubricant and the lone condom I had in my coat pocket as "evidence" and I did mention in my physical description on the phone that I had "8 inches", but I didn't use any descriptive word specifically referring to my cock.

 

Here's the ordinance.

 

795.09 PERMIT REQUIRED.

 

(a) No adult entertainment and/or sexually oriented business or club shall be permitted to operate without a valid adult entertainment and/or sexually oriented business or club permit issued by the city for the particular type of business or club. No person shall operate or cause to be operated an adult entertainment and/or sexually oriented business or club without said permit. Whoever violates this section shall be subject to the criminal penalties outlined in Section 795.05 and an injunction under Section 795.07.

 

 

(b) The Mayor is responsible for granting, denying, revoking, renewing, suspending, and canceling sexually oriented business or club permits for a proposed or existing sexually oriented business or club pursuant to Sections 795.11, 795.14, 795.15, and 795.16. The Mayor is also responsible for ascertaining whether a proposed adult entertainment and/or sexually oriented business or club for which a permit is being applied for complies with all location requirements of Sections 795.03, 795.05 and 795.06 of this chapter, which includes any building or use referred to in Section 795.02 (j), (k), (l), (m), (n) of this chapter, and all applicable zoning laws and/or regulations now in effect or as amended or enacted subsequent to the effective date of this chapter in the city and the City Comprehensive Plan.

 

 

© An application for a permit must be made on a form provided by the City of Reynoldsburg Building Department. Any person desiring to operate an adult entertainment and/or sexually oriented business or club shall file with the City of Reynoldsburg Building Department an original and two copies of a sworn permit application.

 

 

(d) The completed application shall contain the following information and shall be accompanied by the following documents:

 

(1) If the applicant is:

 

A. An individual, the individual shall state his/her legal name and any alias and submit satisfactory proof that he/she is eighteen years of age;

 

B. A partnership, the partnership shall state its complete name, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any;

 

C. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of Ohio, the names and capacity of all officers, directors and principal stockholders, and the name of the registered corporate agent and the address of the registered office for service of process.

 

(2) If the applicant intends to operate the adult entertainment and/or sexually oriented business or club under a name other than that of the applicant; he must state:

 

A. The adult entertainment and/or sexually oriented business or club's fictitious name; and

 

B. Submit the required registration documents.

 

(3) Whether the applicant or any of the individuals listed pursuant to Section 795.09 of this chapter has, within the two or five year period as specified in Section 795.11 immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved, the date of conviction and the place of conviction.

 

(4) Whether the applicant or any of the other individuals pursuant to Section 795.09 and or licenses of this chapter has had a previous permit under ordinance or other similar sexually oriented business ordinances from another city or county denied, suspended or revoked, including the name and location of the adult entertainment and/or sexually oriented business or club for which

 

the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to Section 795.09 has been

 

a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this chapter whose permit has previously been denied, suspended or revoked,

 

including the name and location of the adult entertainment and/or sexually oriented business or club for which the permit was denied, suspended or revoked as well as the date of denial, suspension or

 

revocation.

 

(5) Whether the applicant or any other individual listed pursuant to Section 795.09 holds any other permits and/or licenses under this chapter or other similar adult entertainment and/or sexually

 

oriented business ordinance from another city or county and, if so,

 

the names and locations of such other permitted businesses or

 

clubs.

 

(6) The single classification of permit for which the applicant is filing.

 

(7) The location of the proposed adult entertainment and/or sexually oriented business or club, including a legal description of the property, street address and telephone number(s), if any.

 

(8) The applicant's mailing address and residential address.

 

(9) A photograph taken within 30 days of the date of application of the applicant(s).

 

(10) The applicant's driver's license number, Social Security Number, and or his/her State or Federally issued Tax Identification Number.

 

(11) The application shall be sworn to be true and correct by the applicant.

 

(12) A sketch or diagram showing the configuration of the premises, including a statement of total floor space occupied by the business or club. The sketch or diagram need not be professionally prepared, but it must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches.

 

 

(13) The applicant shall bear the cost of a current certificate and straight-line drawing prepared within 30 days prior to application by an Ohio registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this chapter within 500 feet of the property to be certified; the property lines of any building or use referred to in Section 795.02 (j), (k), (l), (m), (n) of this chapter within a 350 feet radius measured from the centerline of the front door of the property), to be certified; and the property lines of any residentially zoned area or residential property within a 350 feet radius measured from the centerline of the front door of the property to be certified. For purposes of this section, a use shall be considered existing or established if it is in existence at the time an application is submitted. Section 795.03(b) is excepted from this requirement.

 

(14) If a person who wishes to operate an adult entertainment and/or sexually oriented business or club is an individual, he/she must sign the application for a permit as applicant. If a person who wishes to operate an adult entertainment and/or sexually oriented business or club is other than an individual, each individual who has a ten percent or greater interest in the business or club must sign the application for a permit as applicant. If a corporation is listed as owner of an adult entertainment and/or sexually oriented business or club or as the entity which wishes to operate such business or club, each individual having a ten percent or greater interest in the corporation must sign the application for a permit as applicant.

 

(15) If a person wishes to operate an adult entertainment and/or sexually oriented business or club which shall exhibit on the premises films, video cassettes, or other video reproductions that depict specified sexual activities or specified anatomical areas, then said person shall comply with the application requirements stated at Section 795.20 et. seq.

 

 

(g) Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within 30 days from the date of such change by supplementing the application on file with the Mayor, shall be grounds for suspension of a permit.

 

 

(h) In the event that the Mayor determines or learns at any time that the applicant has improperly completed the application for a proposed adult entertainment and/or sexually oriented business or club, the Mayor shall promptly notify the applicant for such fact and allow the applicant ten days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)

 

 

(i) The applicant must be qualified according to the provisions of this chapter and the premises must be inspected and found to be in compliance with health, fire and building codes and laws.

 

 

(j) The applicant shall be required to pay a non-refundable application fee of $500.00 at the time of filing an application under this section.

 

 

(k) Prior to obtaining any permit or license to operate an adult entertainment and/or sexually oriented business or club defined in this chapter, and as part of any application for a permit under this section, the applicant shall obtain from the city or its designee a certification that the proposed location of such business or club complies with the location requirements of Sections 795.02 (j), (k), (l), (m), (n), 795.05 and 795.06 of this chapter.

 

 

(l) The fact that a person possesses other types of state or city permits and/or licenses does not exempt him/her from the requirements of obtaining an adult entertainment and/or sexually oriented business or club permit.

 

 

(m) By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise by the Mayor, the Reynoldsburg Division of Police and all other city agencies charged with enforcing the laws, ordinances and codes applicable in the city of their respective responsibilities under this chapter.

 

 

(n) The applicant shall be required to provide the city with the names of any and all employees who are required to be licensed pursuant to Section 795.19 of this chapter. This shall be a continuing requirement even after a permit is granted or renewed.

 

(Ord. 116-99. Passed 9-20-99)

 

795.10 INVESTIGATION AND APPLICATION.

 

Thanks for any help.

 

JEFF jeff4men@hotmail.com

[Guest need2Btopped]

Jeff, the key to the charge and the applicability of the statute would seem to be the definiion of "adult entertainment" business or club, or "sexually oriented" business or club. I suspect this is defined elsewhere in the code.

 

I also note that lube quite often is, in fact, used by people to give massages. Also, of course, there's quite a few people who carry condoms on their person -- just in case; there's nothing unlawful with that.

 

Ditto on what was said above. Get legal advice.

[axebahia]

>In my previous post you'll see my ad EXACTLY as it is in the

>paper. The ad headline refers to "massage". He did not ask ANY

>questions regarding massage, nor did I agree to do ANYTHING.

 

So just to get your story straight, he calls you and says "I saw your Ad" or maybe just "wanna get together". At some point you quote your rates to him because he does not ask you for them. You get his address and just show up. Jeff, I don't want to give you a hard time at a difficult moment for you, but I don't think that's going to work.

 

>The only "commercial terms" references would have been the

>word "massage" in the headline and my rates for in/outcall.

 

Yes, and that might be enough, plus you said in your second email that you re-stated the terms over the phone on your own and without his asking. You had an offer which contained the essential elements to be a valid offer. The question that I am trying to get at is whether there was an acceptance over the phone. I suspect that there was but you need to replay those events in your own head honestly and dispasionately

 

>Nothing more was said than what I've said here. As I in my

>original post, they did keep my lubricant and the lone condom

>I had in my coat pocket as "evidence" and I did mention in my

>physical description on the phone that I had "8 inches", but I

>didn't use any descriptive word specifically referring to my

>cock.

 

Flower and I have disagreed about this elsewhere, but I think the problem you have is not one of law but facts. I think the trier of fact will look at your Ad, your condom, and your 8 inches remark and then have to decide who is more credible you or 7 peace officers. While I don't like the result, I would bet on credibility being resolved in favor of the police officer (if he shows up at trial).

 

>Here's the ordinance.

>

>795.09 PERMIT REQUIRED.

>

> (a) No adult entertainment and/or sexually oriented

>business or club shall be permitted to operate without a valid

>adult entertainment and/or sexually oriented business or club

>permit issued by the city for the particular type of business

>or club.

 

I have a sense that they are proceeding under the "and/or sexually oriented business" prong. If they told you it was the adult entertainment prong that might provide you with a nice legal argument, and on that I will defer to Flower to give you advice, but you probably need to talk to someone in the locality where this occured..

[Will]

I just saw this thread, and am both angry and sorry that such a thing would happen to anyone, let alone to a friend. I've read the posts and the ordinance; and although I'm not lawyer, I'm a rational human being. All of that suggests to me:

 

a. That you were entrapped;

b. That the entrapment took place because of your response to a

telephone call from Reynoldsburg to Columbus, and therefore not

in the jurisdiction of Reynoldsburg;

c. That, although you may tacitly have agreed to perform some un-

specified service over the telephone, you did not, in fact,

perform that service at all, let alone in Reynoldsburg;

d. That you never discussed any kind of commercial transaction of

any kind while you were in Reynoldsburg, OH;

e. That lube and a condom are not admissable as "evidence" where

there is no other evidence whatsoever that those items were to

figure in an exchange between you and another party;

f. That no one can prove why you went to that room in the first

place; for all one knows, you could have been there to discuss

the sale of a used car, or to meet that man so that the two of

you could go back to Columbus;

g. And, finally, that you gave absolutely no indication, either

verbally or behaviorally, that you were even going to give this

man a massage for free, which -- as someone else

pointed out -- is hardly illegal.

 

This is a political issue, pure and simple. If your friend the Public Defender says that this whole thing is bogus, I'd call the ACLU, which in Ohio is very active. They would help YOU sue REYNOLDSBURG -- not just defend you from a completely bogus high-jack.

 

It's very heartening, by the way, to see that there are real lawyers who post here and who volunteer the kind of counsel that you'd have to pay $150/hour and more to get professionally.

[axebahia]

> a. That you were entrapped;

 

That's a legal term of art. To mount that defense, he would have to show no pre-disposition. That would be hard to do in light of his profession and/or posts here.

 

> b. That the entrapment took place because of your response

>to a

> telephone call from Reynoldsburg to Columbus, and

>therefore not

> in the jurisdiction of Reynoldsburg;

 

irrelevant, sorry!

 

> c. That, although you may tacitly have agreed to perform

>some un-

> specified service over the telephone,

 

that might be enough, sorry!

 

> d. That you never discussed any kind of commercial

>transaction of

> any kind while you were in Reynoldsburg, OH;

 

that's not clear to me if he there was an offer/acceptance over the phone and then in response he shows up as agreed.

 

> e. That lube and a condom are not admissable as "evidence"

>where

> there is no other evidence whatsoever that those items

>were to

> figure in an exchange between you and another party;

 

it's not much evidence taken alone, but combined with the Ad would be considered by the trier of fact in asessing credibility.

 

> f. That no one can prove why you went to that room in the

>first

> place; for all one knows, you could have been there to

>discuss

> the sale of a used car, or to meet that man so that the

>two of

> you could go back to Columbus;

 

well, all the trier of fact needs to be convinced of is that there was an offer/acceptance over the phone, and the credibility issues would be analyzed as I have outlined above.

 

> g. And, finally, that you gave absolutely no indication,

>either

> verbally or behaviorally, that you were even going to

>give this

> man a massage for free, which -- as someone else

> pointed out -- is hardly illegal.

 

irrelevant in light of the phone conversation in which Jeff on his own initiative re-stated his published rates (and I assume services although he has not said that yet?)

 

>This is a political issue, pure and simple.

 

Agreed!

[Flower]

[font color = "green"

] Jeff--your thought of going to see your public defender friend is the BEST here. While she probably can't represent you, she can go over it and guide you and recommend someone that can represent you if she feels there is a valid defense. When I was a prosecutor ealier in my career, I found the PD's to be the most knowledgeable--not always prepared (due to heavy case loads) but very knowledgeable, so a very good resource.

 

One other post here is dead on in that he recommended you find the definition of

"adult entertainment" and/or "sexually oriented business." That could indeed be the key.

 

After seeing the code being used here, there theory seems to be that massage without a license is a 'sexually oriented business." By going this route, they just have to prove the "business" and no license without going into the more difficult areas of intent.

 

Look at the definitions, and also what happens (if different) with a second or subsequent offense. If you find it please post it.

 

As already said, what happened to you here is NOT entrapment, but neither is it governed by the law of contracts (offer and acceptance). They have to prove that you were THEN engaging in a "sexually oriented business" as defined in their code. There is nothing illegal about carrying a condom and lube, but could be evidense of intent. And if you testify on the stand to explain that most sexually active gay men carry both just to be prepared, then you have waived your right not to testify and they can cross examine you.

 

The best defense of this case, IMO, is with pretrial motions to dismiss based on not falling within the cited code--but again, definition is important.