Video Tape of a Potential Crime

Tape will probably be admitted at a criminal trial. It was not obtained as a result of government action. If there are any problems, therapist would say she records sessions to protect herself for accusations of prostitution. Legitimate business reason would allow it to be admitted.

Prostitution is the offering of sexual favors in return for a benefit (usually drugs or money). It doesn't sound like he's met the requirements for a conviction of prostitution.

Bigger danger is her posting it on the Internet. There's a whole genre of massage happy endings in the world of porn. Say he participated in a paid filming for publishing.

Jim Clark-Dawe

Is the man married or in a position of public influence? Even if the law is 100% in his favor, he might be very reluctant to get the law involved since the content of the video will become public knowledge.

It's hard to know how a different court from the jurisdiction I practiced in would decide. However, the easy work around is adding a sign afterwards notifying people of videotaping for the protection of the therapists. Dressing rooms are frequently monitored but do tend to post signs. Security is often used to justify cameras even in areas expecting privacy.

However, for the tape to be admitted at his criminal trial it doesn't matter if it was illegally obtained. Several cases involving child porn have resulted in convictions where the report comes from someone breaking into the house. The Fourth Amendment only applies to government agencies.

And as I said, I'd go for releasing it on the Internet and avoid all these issues.

Jim Clark-Dawe

Put an audio and visual recording on premnises sign on the front door. Nobody pays attention.

Jeff

Let's try to help out here:First, we need to determine if Texas is a single party or two party state when it comes to recording. Based on what OP later posted, it seems a two party state. *BTW, "invasion of privacy" is more a term of art there than a literal invasion into the privacy of a person.* If we continue on the assumption that it's a two party state, then the secret recording would be illegal and the criminal act would come back upon the masseuse making the recording. Recall how there was some chatter if Kim Kardashian broke the law when she recorded Swifts phone conversation with Kanye West in California and failed to notify Swift that it was being recorded. So there is that. If both parties are not aware the recording is being made then the criminal act goes toward the one making the recording. Note this will only apply in a place where there would be a reasonable expectation of privacy, such as in a massage parlor's rooms.Which means we have to know if the character being blackmailed would have reasonable knowledge whether the recording is legal or not.I believe JClark has already sufficiently answered the question regarding admissibility of the tape in criminal trial. BTW, different standards if civil trial.Which leads us to the next part: solicitation. There are generally required elements that need to be met before charges of solicitation are produced - specifically a sexual act and what is exchanged for that sexual act. In the scenario sketch posted, I would have a hard time believing any charges of solicitation should come forward based on the video. Since the sketch is just that, it doesn't answer the questions of whether or not there was that conversation. Presuming not, then the character's reaction when the ending was first becoming 'happy' should be such to give reasonable doubt that this person sought a prostitute rather than just a massage. This works against the story element. But, once again, we must know if the character could reasonably understand this element of criminal procedure (though, as a reader, if cops went with solicitation after watching a person become surprised that the massage was turning into sex, then I'd stop reading the story and never read anything from that author again).So far it seems the story's plot sketch is extremely problematic...unless the character is presented in such a way as to remove doubt he would have sufficient knowledge to understand what was put above. However, there is another issue that has yet to be raised and has incredible bearing on the plans in the story: licensure. The massage therapist has no basis to carry through with the threat because the massage therapist would know that by releasing a video showing him/her engaging in sexual relations with a client would be grounds for having his/her massage license pulled by the state certification board. So there really is no way for the massage therapist to 'win' here. Unless the character being blackmailed is so idiotic as give in to the 'demands' without any capability of average thought given to the situation, never consults any friend regarding the situation and everyone else in the story is so intellectually inferior that nobody realizes just how bad a move this was on the masseurs part.While the elements of your story may go the way you want them to based on the believability of the characters, I don't believe the execution of the story will ever be viable.Rabe...

I wouldn't suggest putting a sign up that states video taping is in process. People go to a massage knowing they are going to be naked. If it was stated that would be happening, many people would be uncomfortable and not go for the massage.

Also, I think the massage therapist would be the one who is in more trouble. She provided the service and was paid for it, so I would think she'd be the one up for prostitution charges. If she tried to threaten blackmail, he could always say the tape threatens her as well (prostitution and illegally filming her clients, which would be voyeurism and also illegal) and just not pay.

can they use it to bring charges of solicitation of prostitution on him, since he did nothing to stop the "happy ending?"

Click to expand...

Consult the Penal Code in Texas to know for sure, but if the prostitution law is similar to the law in California this would not constitute prostitution. Prostitution requires (1) an agreement and (2) an act in furtherance of the agreement. For example, in a typical case when a prostitute approaches a customer in a car, if they agree on a price, and then the prostitute gets into the car, getting into the car is the act in furtherance of the agreement. Or if the prostitute is already in the car when they come to an agreement on price, then touching or taking off clothing would be the act in furtherance of the agreement. In your fact pattern there’s no agreement. The only crimes in your set of facts are the illegal recording and blackmail. And the tape would be admissible in a criminal proceeding for either.
Hope this helps.

The tape is evidence of wrongdoing by the massage therapist, yes? Since the taping and subsequent blackmail is the crime.

So who is trying to use this tape as defense? If it's the massage therapist using the tape as evidence, she's implicitly admitting she committed the crime of taping the subject. If it's the victim, the tape is evidence of the crime - the police would find it legally and with the necessary warrants. So unless your victim illegally obtains the tape, I don't really understand the question.