Can the man or woman be prosecuted under the follwing statute regarding the case?
A man is parked in his car on a city street at night. A woman approaches and gets in without being invited. Inside the car the woman offers to perform a sex act for money. The statute reads a person who solicits or accepts a solicitation to engage for hire in sexual penetrationor sexual contact while in a public place shall be guilty of a misdemeanor.
see state v. White, 692 N.W.2d 759 (Minn. App. 2005).
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The woman is definitely guilty of solicitation and can be punished under the statute. The man's situation is a bit unclear. How long was the woman in the car before she solicited him? Did he ask her to leave the car, or did he allow her to stay? If he took no steps to remove her, then he has implicitly consented to her presence there. Once she has declared her intentions; what is his response. If he refuses her offer, he has committed no crime. If however, he proceeds to negotiate with her, even as much as saying "how much," then at that point, he is guilty of solicitation. So there are a number of facts that are unclear as you have illustrated the situation. On its surface, I would say the woman is guilty but the man cannot lawfully be charged.
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