Even for prosecutors. Because some unnamed Manhattan prosecutor used the word and instead of or on documents charging lap dancers with prostitution, the New York Post reports, the District Attorney’s office might not be able to successfully prosecute two women for allegedly offering sex for money; the use of and is problematic because even the prosecutor acknowledges that the women did not, er, consummate the transaction:
The document in question charges that the pair did “engage, offer and agree” to acts of prostitution with an undercover officer at Big Daddy Lou’s Hot Lap Dance Club on West 38th St. in July, 2008.
But the wording in the state penal code specifies “or,” not “and.” In fact, nobody has ever accused the two of actually engaging in sex with the cop — only of offering the cop a threesome for $5,000.
There’s an important difference between and and or; it looks like being sloppy about it might cost a prosecutor this case.