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A Montana man who police say felt "ripped off" when a stripper accepted $350 for a private dance but refused to have sex with him may have gotten a little bit more than he bargained for in the end.
William McDaniel, 53, of Butte, called 911 to report the stripper's failure to provide him with the happy ending he had envisioned for his private dance, reports The Montana Standard.
Police responded, but not in the way McDaniel had hoped.
According to Butte-Silver Bow Undersheriff George Skuletich, after paying for a private lap dance in a backroom at Sagebrush Sam's Exotic Dance Club and Casino in the town of Rocker, McDaniel became "sexually aggressive" with a dancer. The lap dance was cut short and McDaniel was denied a refund. Feeling stiffed, McDaniel called 911. "He assumed he paid the $350 for sexual acts that didn't occur," Skuletich told The Montana Standard.
Officers arrested McDaniel for solicitation of prostitution and jailed him overnight. He posted bond Sunday morning, reports Montana's KTVQ-TV.
If McDaniel never actually received any sex in exchange for money, then how is what he did a crime? Unfortunately for McDaniel, in some circumstances merely asking another person to engage in criminal activity can itself be criminal. Solicitation is a crime that typically requires both a request or demand that another engage in criminal conduct, and an intention to follow through with the request.
Solicitation is a crime regardless of whether the proposed crime is ever committed or not. Also, it only requires the intention to follow through with the request on the part of the person doing the soliciting; in McDaniel's case, it is only required that he intended to pay for sex, not that the stripper ever intended to accept his offer.
Solicitation of prostitution in Montana, for a first time offender, carries a maximum penalty of $1,000 and up to a year in jail.
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