Pennsylvania Court Rules That Trading Sex for World Series Tickets Isn't Prostiution

This Pennsylvania case caught our eye via the Volokh Conspiracy.
The facts are good reading:

On October 26, 2009, Defendant Susan Finkelstein posted an advertisement on the internet forum Craigslist that read: “Diehard Phillies fan—gorgeous tall buxom blonde—in desperate need of two World Series tickets. Price negotiable—I’m the creative type! Maybe we can help each other!”
That same  day [Sgt Robert Bugsch] with the Bensalem Township Police Department was monitoring Craigslist postings for possible prostitution advertisements. [Sergeant Bugsch] replied to Defendant’s ad via email requesting to see Defendant’s photograph. A few minutes [later], Defendant  responded with three (3) topless photographs of herself with the message, “No problem, Robert.  Here’s a few for ya!”
[Sergeant  Bugsch] asked how she wanted to pay for the World Series ticket, which began the following verbatim email exchange:
[Finkelstein]: What [sic] the asking price? My currency is, well, let’s just say ‘unconventional.’
[Sergeant Bugsch]: Well then if that’s the case, how many tixs did you want and what are you willing to pay???

You can see where this is going. Finkelstein was arrested at a meeting with the undercover officer and charged with prostitution and attempted prostitution.
She went to trial in March 2010; the jury acquitted her of the prostitution charge but convicted her of attempted prostitution. Finkelstein was sentenced to one year of probation and 100 hours of community service, but she appealed to the Superior Court of Pennsylvania.
The court ruled Tuesday that Finkelstein’s proposed sex-swap amounted to “private illicit sexual relations” but not prostitution under state law, which was aimed at curbing the effects of “an open commercial sex trade” on society and preventing the exploitation of women.
“None of the evidence in this case implicates these concerns and Finkelstein’s conduct did not exceed the ambit of ‘private illicit sexual relations.’ Indeed, Susan Finkelstein appears as the embodiment of ‘a girl not generally engaged in commercial activity [who] nevertheless consents to have intercourse on a particular occasion in exchange for a promised reward,’” the court said, quoting a 1980 opinion.
Finkelstein had acknowledged placing the ad on Craigslist, but she denied offering favors and said she wasn’t a prostitute. Finkelstein’s attorney, William Brennan, told the ABC affiliate in Philadelphia that his client was elated by the decision.
Stephen Harris, chief of appeals for the Bucks County district attorney, said no decision has been made on whether to appeal.
“Our view is that if you’re selling sex for something of value, and certainly a World Series ticket is something of value, that is a business transaction,” he said.
(WSJ Law Blog)