Showing posts with label legal research. Show all posts
A Dominatrix Contract? How lawyers think
From thee Tax & Business Law Commentary Blog comes this post about Dominatrix seeking a contract. Mr. Levine thinks:
Of course, the question that first occurred to me is: Is the "Dominatrix" an independent contractor or an employee? This has obvious income tax and FICA/SECA implications.
My first thought was this: might the contract be void as being for an illegal purpose? The commentator to Mr. Levin's blog answers the independent contractor/employee question correctly (well, correctly for Indiana). I had to some looking for my answer. The short answer is that it is not void for being a contract for an illegal act.
The longer answer requires looking at the prostitution statute (IC 35-45-4-2):
Of course, the question that first occurred to me is: Is the "Dominatrix" an independent contractor or an employee? This has obvious income tax and FICA/SECA implications.
My first thought was this: might the contract be void as being for an illegal purpose? The commentator to Mr. Levin's blog answers the independent contractor/employee question correctly (well, correctly for Indiana). I had to some looking for my answer. The short answer is that it is not void for being a contract for an illegal act.
The longer answer requires looking at the prostitution statute (IC 35-45-4-2):
ProstitutionThen just to be on the safe side checking the definition of "Deviate sexual conduct" at IC 35-41-1-9:
35-45-4-2 Sec. 2. A person who knowingly or intentionally:
(1) performs, or offers or agrees to perform, sexual intercourse or deviate sexual conduct; or
(2) fondles, or offers or agrees to fondle, the genitals of another person;
for money or other property commits prostitution, a Class A misdemeanor. However, the offense is a Class D felony if the person has two (2) prior convictions under this section.
As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.77; Acts 1979, P.L.301, SEC.1; P.L.310-1983, SEC.3.
"Deviate sexual conduct" definedAnd, that is legal reasoning in 60 seconds. It does beg the question of why we lawyers think of such things when faced with has other more generally interesting features.
35-41-1-9 Sec. 9. "Deviate sexual conduct" means an act involving:
(1) a sex organ of one person and the mouth or anus of another person; or
(2) the penetration of the sex organ or anus of a person by an object.
As added by P.L.311-1983, SEC.10. Amended by P.L.183-1984, SEC.1.
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