How are Swinger’s Clubs legal, but prostitution is not in most states? They are both selling sex, aren’t they
I have a friend who just opened a swinger’s club as a business. He’s on probation. I’m worried that he could go to jail for this. Any legal eagles out there know the answer?
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February 13th, 2010 at 4:16 pm
No. Prostitution is a quasi-contractual agreement to have sex for consideration (money).
Swinger’s Clubs do not sell sex, at least not the vast majority of them. And those that do are more properly called brothels.
Generally, all the club is doing is providing access to their property for a fee. That’s the same type of arrangement that movie theatres and golf courses and nightclubs do all the time. The sex, if any, is between individuals who are not employees of the club. Therefore, it’s not the club providing sex.
February 13th, 2010 at 5:02 pm
In a swinger’s club, there is no guarantee of sex. And there is no explicit exchange of cash for sex with a particular individual. Splitting hairs? Not really.
February 13th, 2010 at 5:06 pm
It’s all a matter of who gets your money.
February 13th, 2010 at 5:24 pm
One is in the business of supplying it, the other is just allowing it or letting it happen. Big difference. You can’t go down for someone elses crime unless you 1. talk them into doing it (solicitation) 2. directly help them do it or something in furtherance of it (before crime–accesory before the fact…accomplice or co-conspirator) 3. help them get away with it (accessory after the fact–accomplice) or 4. commit a crime yourself. (duh)
As long as there is a legal excuse for everything he does, he should be OK (or at least has a good argument that he was not promoting it.) As any good lawyer who doesn’t want a malpractice suit will tell you, “it depends.”
February 13th, 2010 at 5:28 pm
I would think the difference between a swinger’s club and prositution is this: the club may have dues, but the only thing the club is doing is putting like minded people in the same place to connect, network, etc. If their is sex to happen then its not on the property. Its just a meeting place. Usually the couples don’t charge the other for sex, unlike prostitution where that is the objective-fees for a service.
Hopefully your friend checked with his PO to see what kind of businesses he could open. I do not know of any restrictions on becoming a business owner. I do know that those on prob/parole aren’t suppose to be where the likelyhood of the ‘criminal’ element can thrive.