There is a big difference in putting a gun to someones head or shoving something down your pants inside a store and initiating some obscure kind of contact with someone. That is why vice cops have to have a verbal agreement or an exchange of money for there to be a charge of anything illegal. There isn't even anything illegal in looking at someone and saying, "I'd really love to ..... you." (you fill in the blank as you wish) Or even anything of the nature. It would be the sexual act itself or offering to accept or pay money for the act that is illegal. I think what he supposedly did is really pushing the boundaries. Look at hookers on the streets, cops don't arrest them for waving people down and asking if they want a date, even though that is the way the hookers solicit their johns. Undercover cops have to wait for something actually illegal like the agreement to accept money etc.