HOW DO YOU DEFINE PROSTITUTION?
In People v. Corona, Irais Corona challenge the legality -- or facial sufficiency -- of the prostitution charge brought against her.
A person is guilty of prostitution when s/he “engages or agrees or offers to engage in sexual conduct with another person for a fee.” However, the papers accusing Corona of this crime stated that she “engaged, agreed, and offered to engage in sexual conduct with another person for a fee.”
Corona argued that the use of the conjunctive -- “and” -- instead of the disjunctive -- “or” -- required prosecutors to show that she actually participated in sexual activity.
The New York County Criminal Court disagreed and was of the opinion that prosecutors only needed to show any one of the three acts to establish the crime’s commission.
Was someone prostituting the English language?
To download a copy of the Criminal Court’s decision, please use this link: People v. Corona
TrackBack
TrackBack URL for this entry:
http://www.nyrealestatelawblog.com/mt/mt-tb.cgi/2283
Comments
Bravo -- another valiant effort by our guardians of virtue to keep a dangerous public enemy off the streets.
The court makes a common error in the decision by describing "or" as a "disjunction." "Or" is only a disjunction in the context of logic:
http://en.wikipedia.org/wiki/Logical_disjunction
In grammar, such as in the statute in question, "or" is a coordinating conjunction:
http://en.wikipedia.org/wiki/Grammatical_conjunction. Either way, defendant loses on this one.
Posted by: Gines Pasamonte | June 16, 2008 12:25 PM
$35 for sexual intercourse?
Dinner alone costs me $200!
TAKE MY WIFE PLEASE!
Posted by: Totata | June 16, 2008 12:53 PM
It seems there is a lot of prostitution going on here!
Posted by: Theresa | June 16, 2008 1:38 PM
Tatala, I'll charge you only $15 if you let me stick a [DELETED] up your [DELETED].
Stupid [DELETED]!
Posted by: ALesbo | June 16, 2008 2:55 PM
Is this all a subliminal plug for "Secret Diary of a Call Girl," premiering tonight on Showtime (right after "Weeds" -- a great show)?
http://www.sho.com/site/secretdiary/home.do
Posted by: Gines Pasamonte | June 16, 2008 3:27 PM
Hey Lesbo,
I'll teach his (DELETED). You can come over and (DELETED) me, (DELETED) me and (DELETED) my (DELETED) any time.
I have the Sawzall.
Posted by: Mrs. Totata | June 16, 2008 4:16 PM
Tralala,
You have a ready wit. Tell me when it's ready.
HY
Posted by: Henny Youngman | June 16, 2008 4:19 PM
IT is out shopping at the moment.
Me, I just got back from a pleasure trip.
I took my mother-in-law to the airport.
Posted by: Totata | June 16, 2008 5:02 PM
You see, Lesbo ... My wife and I have the secret to making a marriage last.
Two times a week, we go to a nice restaurant, a little wine, good food.
She goes Tuesdays, I go Fridays.
Posted by: Totata | June 16, 2008 5:12 PM
One more, and I'm going to start charging you a royalty, Sy.
HY
Posted by: Henny Youngman | June 16, 2008 5:45 PM
I find this whole exchange offensive and puerile.
All women are not prostitutes and we are certainly not sex toys.
Posted by: Maria | June 16, 2008 5:45 PM
Says who?
Posted by: Totata | June 16, 2008 6:25 PM
Maybe Maria would like us all to volunteer to be treated by the Ludovico Technique:
http://en.wikipedia.org/wiki/Ludovico_Technique
Posted by: Gines Pasamonte | June 16, 2008 7:24 PM
Gines must be into women of ill repute.
ALesbo?
Posted by: Sy Mann | June 16, 2008 11:03 PM
PENIS! Yuck!
Do not betray your sisters Ginesy (There are consequences.)
Posted by: ALesbo | June 17, 2008 12:37 AM
Well done, Gines!
(This was all about grammar. So why is everyone else fousing on sex?)
Onward!
Posted by: Lucas A. Ferrara | June 17, 2008 1:25 AM