Yeah, I'm not sure a Judge or Jury (or Wife) would buy that excuse. LOLn5wd wrote:No? If you want to talk the talk, you can dial a 900-number for about that cost. Person to person contact implies something other than a chat line!ELB wrote:In this case, I don't know that prostitution could be proved -- I suspect simply paying a woman $100 to talk to you for an hour is not illegal.
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- Tue Feb 14, 2012 12:15 pm
- Forum: The Crime Blotter
- Topic: Tough Way to Learn Life Lesson
- Replies: 17
- Views: 1534
Re: Tough Way to Learn Life Lesson
- Mon Feb 13, 2012 6:56 pm
- Forum: The Crime Blotter
- Topic: Tough Way to Learn Life Lesson
- Replies: 17
- Views: 1534
Re: Tough Way to Learn Life Lesson
Well, possible, but all speculation.ELB wrote:Morally/ethically, no he doesn't deserve to be threatened with death and robbed because he called up an escort.
Tactically, he paid the price for violating at least part of the 4S rule: don't do Stupid Things in Stupid Places with Stupid People at Stupid Times.
Legally, as for not having a self-defense claim because he was engaged in a criminal act, I dunno; I seem to recall several stories where drug transactions/home invasions gone to violence result in no charges for the shooter; but he still goes to jail for his drug stash. I suspect that if it is at all difficult to prove that the defender was committing a lower level crime when he had to defend himself, the cops and prosecution just go with what's easy to prove, especially if the one getting shot did not die.
In this case, I don't know that prostitution could be proved -- I suspect simply paying a woman $100 to talk to you for an hour is not illegal. The gal and her accomplice are already facing enough trouble, they probably aren't going to add prostitution charges against themselves just so they can get the wheelchair guy can be charged. And unless the DA has a real agenda of stamping out prostitution at the expense of letting other crimes go, I doubt he'd offer a deal to the robbers to lessen their violent crime charges just so he could charge a wheel-chair bound guy who probably had trouble finding willing partners with being a john. That would not be a political winner, to say the least. So I think wheel chair guy would have come out OK if he had blasted his captors. Especially if they did not survive to testify.
You call an escort to, uh.. escort you. And, legally that would put him committing a crime. A lot of folks get cut some slack if something worse goes on, but bottom line, per the statutes he would not have the legal right to defend himself while comitting a crime.
- Mon Feb 13, 2012 4:46 pm
- Forum: The Crime Blotter
- Topic: Tough Way to Learn Life Lesson
- Replies: 17
- Views: 1534
Re: Tough Way to Learn Life Lesson
Not necessarily. TPC § 9.31 (a) (3) states you are justified in using self defense UNLESS the actor was engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.RoyGBiv wrote:What point are we trying to make? .... He deserved what he got?JJVP wrote:Yeah, sure, that's what he wanted to do, preach.The victim, a 27-year-old student at the University of Houston-Clear Lake who suffers from multiple sclerosis and is confined to a wheelchair, told police that he wanted to "preach" to the suspect about living a better life
Let's look at it this way.... A disabled man was attempting to make a business transaction with a person he met online. Whether you agree with the transaction or not, it was a transaction between two consenting adults. The BG (gal) kidnapped him, stole his money and possessions and threatened him with physical violence, picking up an accomplice (premeditated) along the way. Our victim in the wheelchair would have been well served having a CHL and carrying a gun.
Solicitation is defined in TPC § 43.02 and is a minimum of a Class B Misdemeanor.
So, he would not be justified using self defense in this case as he was engaged in criminal activity by the act of solicitation.