Bakersfield, CA asked in Contracts, Criminal Law, Domestic Violence and Wrongful Death for California

Q: I have a man who is offering me $10,000 to put on some high heels and stomp his face out. Can I go to jail if I do it?

He's willing to sign a release of liability

4 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: i would not do it if it were me.

the release is for civil liability but i think you could still face criminal exposure.

Dmitry Gorin and William John Light agree with this answer

Dmitry Gorin
Dmitry Gorin
PREMIUM
Answered
  • Criminal Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: You need to run away fast from this offer. You could certainly expose yourself to civil and/or criminal liability.

William John Light
William John Light
Answered
  • Riverside, CA
  • Licensed in California

A: Releases are not valid for criminal conduct, reckless conduct, intentional torts, or gross negligence. It is unclear what "stomp his face out means", or whether it falls into the categories for which a waiver is not effective. Also unclear is whether the doctrine of assumption of the risk would apply to the BDSM activities in which you propose to participate. A more detailed consultation would be necessary and, given the potential liabilities of the parties, a retainer would be necessary for an actual legal opinion.

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered

A: No. It would violate many statutes and you may also be an accessory to some. You'd spend the money on lawyers fees.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.