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
PREMIUM
Dmitry Gorin
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
  • Santa Ana, 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
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.

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