Im curious, if anyone is well knowledge with the laws. I had a charge of solicitation in the year 2012. Art 213 1) c) ... I've checked it recently it has been repealed..Does it mean im not charge with it anymore..And what would happen if a police stop me if i had a prostitute in my car....anyone care to answer?
curious, if anyone is well knowledge with the laws
- Thread starter triga13
- Start date
I do not have enough knowledge to answer your first part of question. The second part, After December 2014, selling the sex is not illegal But BUYING the sex is ILLEGAL. If LE authorties realy go after that then is a big trouble, with severe consequences.
no idea, I can only share my limited, very ancient experience and I guess it depends on the situation, the girl and the john.....I now live in Toronto, but I was in Mtl from age 16 to 48, and in my early 30's, after my divorce, I picked up a young black girl on ste-catherine and drove to a hotel that is now gone, Rene-levesque & Crescent I think, I parked and a car parked right behind me.....2 plain clothes....they told me they were looking for that girl, that they could arrest me but I looked like a nice decent guy and that I should go pick up a girl at Thursdays instead of a working girl. They let me go, took her in.
so i found the actual details of charge 213
1. Communication for the Purposes of Prostitution (Section 213)
Section 213 of the Criminal Code states that any person who stops or attempts to stop a motor vehicle, block the flow of traffic (which includes pedestrians or vehicles), to communicate for the purposes of offering, providing or obtaining sexual services of a prostitute in a public place or in any place open to a public view is guilty of an offence.
UPDATE: In November 2014 the Government of Canada amended Section 213 of the Criminal Code. The updated version makes it an offence for anyone to communicate for the purpose of offering or providing sexual services for consideration only: when it is done in a public place. This applies when that place is somewhere that people under the age of 18 can reasonably be expected to be found or when it is next to a place where people under the age of 18 can reasonably be expected to be found. This is new law and it is unclear how judges will understand it or what it will mean.
Vocab:
Consideration means the exchange of sexual services in return for something of value, whether that is money or other goods in exchange. For example: drugs, clothes, food, electronics.
Communication for the purpose of prostitution is any attempt to:
• Offer sex for payment or;
• Offer payment for sex.
There are two main forms of communication:
a) Verbal Communication: Verbal communication is using words to say something, either by talking or in writing.
For example: A person is breaking the law if they discuss the price of sex acts or the services to be performed. A person can still be charged even if:
• The price is not fixed
• The acts to be performed were not fixed
• The communication does not end in sex (or a “date”)
• The communication takes place in a car, moving or not.
b) Non-Verbal Communication: Non-verbal communication includes gestures, body language, hand signals or other ways of communicating without words. This can be anything from a wink to waving arms or interrupting the movement of pedestrians or traffic. Police must prove that the person used the action to stop another person for the purposes of prostitution. For proof, the police look at facts like the time, place, past actions of the person stopping the car and other things going on in the area.
A person can be found guilty of communicating for the purposes of prostitution even where there has been no physical contact. Any communication for the purpose of sexual acts in exchange for payment is enough.
So in summary, this is only takes place if i communicate in a public place if the person in question is under 18? Anyone care to elaborate.
1. Communication for the Purposes of Prostitution (Section 213)
Section 213 of the Criminal Code states that any person who stops or attempts to stop a motor vehicle, block the flow of traffic (which includes pedestrians or vehicles), to communicate for the purposes of offering, providing or obtaining sexual services of a prostitute in a public place or in any place open to a public view is guilty of an offence.
UPDATE: In November 2014 the Government of Canada amended Section 213 of the Criminal Code. The updated version makes it an offence for anyone to communicate for the purpose of offering or providing sexual services for consideration only: when it is done in a public place. This applies when that place is somewhere that people under the age of 18 can reasonably be expected to be found or when it is next to a place where people under the age of 18 can reasonably be expected to be found. This is new law and it is unclear how judges will understand it or what it will mean.
Vocab:
Consideration means the exchange of sexual services in return for something of value, whether that is money or other goods in exchange. For example: drugs, clothes, food, electronics.
Communication for the purpose of prostitution is any attempt to:
• Offer sex for payment or;
• Offer payment for sex.
There are two main forms of communication:
a) Verbal Communication: Verbal communication is using words to say something, either by talking or in writing.
For example: A person is breaking the law if they discuss the price of sex acts or the services to be performed. A person can still be charged even if:
• The price is not fixed
• The acts to be performed were not fixed
• The communication does not end in sex (or a “date”)
• The communication takes place in a car, moving or not.
b) Non-Verbal Communication: Non-verbal communication includes gestures, body language, hand signals or other ways of communicating without words. This can be anything from a wink to waving arms or interrupting the movement of pedestrians or traffic. Police must prove that the person used the action to stop another person for the purposes of prostitution. For proof, the police look at facts like the time, place, past actions of the person stopping the car and other things going on in the area.
A person can be found guilty of communicating for the purposes of prostitution even where there has been no physical contact. Any communication for the purpose of sexual acts in exchange for payment is enough.
So in summary, this is only takes place if i communicate in a public place if the person in question is under 18? Anyone care to elaborate.
You are asking if the changing of the laws changes your personal situation, having been charged with a crime in 2012?
My understanding is no. In order for a new law to have any effect on past events it would be an "Ex post facto law - "a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law". Ex post facto criminal laws are constitutionally prohibited in Canada.
So I think you still would have the charge on your record, even if a new law has now replaced the one you were originally charged with. Having said that, I am not at all a legal expert!
My understanding is no. In order for a new law to have any effect on past events it would be an "Ex post facto law - "a law that retroactively changes the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law". Ex post facto criminal laws are constitutionally prohibited in Canada.
So I think you still would have the charge on your record, even if a new law has now replaced the one you were originally charged with. Having said that, I am not at all a legal expert!
I am a bit curious about this whole law thing. I mean lets say despite being very carefull and doing business solely with well reviewed merb agencies/indies i would still get arrested for that. What would be the penalty? Would i go to jail, or get fined? What if i never did anything wrong before(never charged). I don't care what so ever about the "moral" side of the story, i am not ashame to see sex providers at all, i wouldn't care to disclose this to anybody that ask me about it (for exemple, why where you arrested). If anything i think this is plenly stupid that this is illegal to be honest.
So for me the consequences would be purely in term of "jail time" or paying a fine. Do you guys think a judge would convict somebody to jail for a first offense because he saw an escort from an agency?
So for me the consequences would be purely in term of "jail time" or paying a fine. Do you guys think a judge would convict somebody to jail for a first offense because he saw an escort from an agency?
Similar threads
