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What is the substantive distinction between 43.02(a)(1) and (a)(2)?

43.02(a) A person commits an offense if he knowingly:

(1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or
(2) solicits another in a public place to engage with him in sexual conduct for hire.

I can't come up with a situation when it would be favorable to charge (a)(2) over (a)(1).
 
Posts: 764 | Location: Dallas, Texas | Registered: November 04, 2003Reply With QuoteReport This Post
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Isn't #1 for pros and #2 for Johns?
 
Posts: 527 | Location: Fort Worth, Texas, | Registered: May 23, 2001Reply With QuoteReport This Post
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43.02(b) states:

An offense is established under Subsection (a)(1) whether the actor is to receive or pay a fee. An offense is established under Subsection (a)(2) whether the actor solicits a person to hire him or offers to hire the person solicited.

So, (a)(1) covers Pros and Johns and (a)(2) does too? So, what's the point of both provisions?
 
Posts: 764 | Location: Dallas, Texas | Registered: November 04, 2003Reply With QuoteReport This Post
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Its the difference between "for a fee" and "for hire", whatever that is. And if it did occur in public then probably must charge under (a)(2). Also, (a)(1) would apply if there was a go between, i.e. A offers to or agrees with B to engage with C (rather unusual but possible) and applies to the completed conduct.

Kinkeade and McCulloch also explain that (a)(1) was originally a Class C, but agree that because "solicit" and "offer to engage" are synonyms that (a)(2) is "obsolete and unnecessary" and merely adds an extra element to be proved.

[This message was edited by Martin Peterson on 10-01-04 at .]
 
Posts: 2393 | Registered: February 07, 2001Reply With QuoteReport This Post
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