State v. Zeta Chi Fraternity

696 A.2d 530 (1997)

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Nature of the Case

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Facts

D is a New Hampshire corporation and fraternity at the University of New Hampshire in Durham. D held a 'rush' at its fraternity house to attract new members. D hired two female strippers to perform at the event. Fraternity brothers encouraged the tipping of the strippers and told guests that the more money the strippers were given, the more that they would do. A fraternity member was acting as a change maker, and the strippers lay on a mattress and simulated oral sex on each other. After giving a five dollar tip, a stripper sat on that guest's lap and when told to move along the guest complained and the stripper took the guest to the mattress and pushed his head into her crotch. Guests then gave money to the stripper so they could perform oral sex on her on the mattress. Beer was also available from a soda machine. There was someone making change for the machine as well. D was charged with alcohol and prostitution violations. D's secretary testified that the fraternity members voted not to provide alcohol at the rush and had moved the vending machine that contained beer to a separate apartment in another part of the house for the rush. He also admitted that the fraternity had control over the vending machine and its proceeds and that only fraternity members would have an interest in making change for the machine. D was convicted on both charges. D appealed.