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View Diary: Monica Jones, AZ Transgender woman convicted of the crime "Walking While Trans" (82 comments)

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  •  A link to the statute, please (1+ / 0-)
    Recommended by:
    kellibusey

    What is the statute that lists "manifestation of prostitution" as a condition of suspicion?

    •  ARTICLE IV. OFFENSES INVOLVING MORALS (3+ / 0-)
      Recommended by:
      6412093, benamery21, Jyrki

      DIVISION 1. PROSTITUTION AND FORNICATION
      23-52 Prostitution, soliciting an act of prostitution and related offenses.

      A.    A person is guilty of a misdemeanor who:

      1.    Offers to, agrees to, or commits an act of prostitution;

      2.    Solicits or hires another person to commit an act of prostitution;

      3.    Is in a public place, a place open to public view or in a motor vehicle on a public roadway and manifests an intent to commit or solicit an act of prostitution. Among the circumstances that may be considered in determining whether such an intent is manifested are: that the person repeatedly beckons to, stops or attempts to stop or engage passersby in conversation or repeatedly, stops or attempts to stop, motor vehicle operators by hailing, waiving of arms or any other bodily gesture; that the person inquires whether a potential patron, procurer or prostitute is a police officer or searches for articles that would identify a police officer; or that the person requests the touching or exposure of genitals or female breast;

      http://www.codepublishing.com/...

      "Get your facts first, and then you can distort them as much as you please." Mark Twain

      by kellibusey on Sun Apr 13, 2014 at 07:19:26 PM PDT

      [ Parent ]

      •  Thanks for the text, kellibusey (0+ / 0-)

        Its hard to believe without actually reading it.

        “The answer must be, I think, that beauty and grace are performed whether or not we will or sense them. The least we can do is try to be there.” ― Annie Dillard, Pilgrim at Tinker Creek

        by 6412093 on Sun Apr 13, 2014 at 08:58:18 PM PDT

        [ Parent ]

      •  Excessively Broad Statute - Not Likely Even Legal (0+ / 0-)

        "...stops or attempts to stop, motor vehicle operators by hailing, waiving of arms or any other bodily gesture..."

        That clause has no intent (as if the intent can be understood by an observer).  What if that female (and it would ONLY be a female, in these cases) is just trying to flag down anyone who can help her escape a pursuer, a thug, or rapist?

        "...that the person inquires wheter a potential patron, procurer or prostitute is a police officer..."

        That a violation of the First Amendment of the the U.S. constitution.  Since when am I denied the right to challenge whether someone in plain clothes is a LEO?

        Arizona used to be a delightful state.  Now, as a "mature" female, I wouldn't go there if you gave me a free ticket and lodging.  I actively encourage people to refuse to spend one PENNY in Arizona until they realize they are one of the few A**HOLE states in the U.S. and take their state back from the nutcases they've been electing.

        Just a soul on a roll...

        by CAOgdin on Tue Apr 15, 2014 at 01:11:27 PM PDT

        [ Parent ]

      •  It would be funny if it weren't so disturbing. (1+ / 0-)
        Recommended by:
        aratinga

        The whole "Are you a cop?" thing is something I never assumed was true, but never bothered to find out wasn't. I knew that various fictional characters, over the years, had claimed that a police officer is required to identify themselves if they are given the direct question. So, under said fictional laws, you can always avoid being arrested for prostitution, by asking if the client is a cop, before you say anything else.

        But like I said, I thought it sounded a bit far-fetched as a policy, but it never occurred to me to look it up and verify that it was plot device.

        Then I recently saw a TV procedural, where they very specifically explained how that had never been a requirement of law enforcement, and that it was quite silly to think an undercover officer would be required by law to admit they are one. Upon further reflection, I realized how dangerous such a rule would be too - you'd never get an undercover cop into a crime syndicate, if all their new boss had to do was ask each person in their organization if they're a cop. Plus, it could be construed as a horrifying job expectation, to ask a police officer to take on an undercover operation, knowing that they are legally required to say something which could get them killed.

        It almost feels like this "manifest of prostitution", is an extension of that fictional-fueled fallacy (sorry for the excess alliteration). Now that a lot of theoretically under-educated prostitutes think - thanks to film and TV - that they have the safety net of asking if someone is a cop, they are put in a position where that safety net is the thing that gets them arrested. They bother to ask anyone if they're a cop - even another alleged prostitute or a pimp - and they're admitting to being a prostitute themselves.

        The fact that this law falls under "OFFENSES INVOLVING MORALS", is telling. Prostitution is the ultimate case of legislating morality. There is zero justification for prostitution to be illegal, as long as laws are in place which guard against non-consensual sex - forcing a person to have sex with another person is still rape, even if you're a pimp/madame charging that other person - statutory rape and human trafficking.

        So I'm curious - how many drug dealers do you think have been arrested for manifesting prostitution, by asking someone if they're a cop, before they offered an undercover cop a bag of something?

        •  My understanding of "Are you a cop?" (1+ / 0-)
          Recommended by:
          aratinga

          is not that the officer is required to tell you, but, rather, that if they don't tell you when you've directly asked, they can't testify against you because it would be considered entrapment since they've misrepresented themselves.  This reading may be out of date or only relevant to a particular jurisdiction.  It was an assistant coach for my high schools football team back in the mid '80's who told me this.  He was an off-duty Central Florida policeman, though, and I think he was trying to help some of the less sober of my team mates stay out of trouble over drugs.

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