Associated Press
SAN BERNARDINO, Calif. — Two female entertainers who were paid to perform at sex shows did not engage in prostitution because the undercover officers who saw the shows were not involved in the sexual contact, a state appeals court ruled.
The ruling Tuesday from the 4th District Court of Appeal cleared two managers and eight dancers at the Flesh Nightclub in San Bernardino of prostitution, pimping and pandering charges.
Undercover officers witnessed the sex acts at the club, leading prosecutors to bring prostitution charges. But attorneys who represented the dancers and club managers said the officers were not involved in the sexual contact and paid only to watch the shows inside a private room.
In a split opinion, two of the three justices agreed.
"We conclude that the definition of prostitution … requires sexual contact between the prostitute and the customer," wrote justices James Ward and Barton Gaut. "In this case, it is undisputed that there was no sexual contact between the dancers and the officers."
Attorney Roger Jon Diamond, representing the strip club employees, said, "I’m so delighted because I’ve said all along it was a misuse of the law, and the city of San Bernardino should be spending its money elsewhere."
Prosecutors declined to comment until they had a chance to review the ruling.
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