State v. Romano
Supreme Court of Hawai’i
155 P.3d 1102 (2007)
Relevant factsFree
Undercover officer Jeffrey Tallion, posing as a customer, called a massage advertisement and reached Pame Romano (defendant), who agreed to an out-call visit and met him in a hotel room; after negotiating a $100 base price, Romano agreed to perform assisted masturbation for an additional $20 and was then arrested for prostitution. Romano moved to dismiss the charge based on Lawrence v. Texas, 539 U.S. 558 (2003), which the trial court denied, finding Lawrence inapplicable; she was convicted, sentenced to probation and a fine, and appealed.
IssueFree
Whether prostitution is a private sexual activity protected as a liberty interest under the Due Process Clause.