State v. Romano

155 P.3d 1102 (2007)

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Nature of the Case

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Facts

Officer Tallion was on duty investigating prostitution. He obtained a hotel room dressed in civilian clothes. He browsed through the 'Pennysaver' newspaper and called the phone number on a massage advertisement. D answered the phone call, and Tallion asked if she did 'out calls.' Tallion set up an appointment, and they met on the street but then moved to the hotel room. Tallion confirmed that the price of an out call was $100 and then asked D whether 'she did anything else.' Defendant responded, 'Like what? Dance?' Tallion responded, 'No,' so D asked, 'Well, what do you have in mind?' Tallion answered, 'Well, I was referring to a blowjob.' D replied, 'No, hands only.' Tallion clarified, 'So no blowjob, so handjob.' D responded, 'Yeah, I can do that.' Tallion asked the cost, and D responded, 'Add 20.' Tallion reconfirmed with, 'Oh, $ 20 for a handjob?' and D replied, 'Yes.' Tallion testified that a handjob is street vernacular commonly used in prostitution for 'assisted masturbation.' The arrest team entered the hotel room. Tallion testified to the events, and the prosecution rested. D moved for a continuance 'to subpoena, investigate, and talk to witnesses who were in the room adjoining this, this room.' The court continued the case to August 26, 2003. D filed a 'Motion to Dismiss.' D asserted that Lawrence 'invalidated Hawaii's prostitution statutes.' D then moved for a judgment of acquittal, arguing that the prosecution had failed to prove (1) that there was an offer and agreement to engage in sexual conduct for a fee; and (2) that D was 'not a police officer, a sheriff, works for the sheriff's department or law enforcement acting in the course or scope of her duties.' The court denied D's motion. The court denied D's motion to dismiss. D also recounted that Tallion immediately asked for a blowjob when she entered the hotel room. She explained that she was 'caught off guard' because she was 'not the typical person that men want this from,' as she was 'overweight' and 'old.' D put her hands up and stated, 'Hey, I only do hands only.' She also declared that she was shaking her head 'no' at the same time. Defendant then indicated that Tallion repeated his question again and also asked how much it would cost. D again said, 'No, hands only.' D also maintained that Tallion was 'loud,' 'demanding,' and 'boisterous.' D claims that she had no intent to commit any kind of sexual contact with Tallion. She gave Tallion a figure of $20 because she felt threatened and because of Tallion's loud demands. On cross-examination, D indicated that she said, 'yes' when Tallion asked for a handjob, she knew that handjob could mean assisted masturbation, she told Tallion that the handjob would cost $ 20.00 extra, and she said 'yes' when Tallion reiterated $ 20.00 for a handjob. D was found guilty and was sentenced to six months' probation and fined $500.00. D appealed.