State v. Howard

In State v. Howard (1983), 7 Ohio Misc.2d 45, 7 Ohio B. 309, 455 N.E.2d 29, an undercover policeman approached Howard near the curb and asked him if he was "dating." Howard asked if the officer had any money, and the officer indicated he did, and he asked Howard what he would "do." Howard responded that he would "do" anything. The officer asked him if he would perform oral sex, and after Howard agreed and got into the car, he was arrested. The court determined, "the defendant in this case did not entice, urge, lure or ask for money in return for sexual performance. What defendant did was agree to what the officer had suggested and as such he cannot be found guilty of soliciting, an offense unlike some other offenses where entrapment is raised, where the crime is in the asking."