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Is Dominitrix an legal business or is it a illegal?
merzina 11486 reads
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I was interested in starting a dominitrix Agency. Does anyone know if being a Dominitrix is legal or is it illegal? Can police bust you for doing outcalls for dominitrix services?

jack01165337510 reads

private theater is protected by the 1st amendment.      otoh, very few people realize that a court can decide for itself what is going on in a particular situation, ie, whether its a sham to cover fucking for money.

IOW, all these disclaimers about a site not being an offer of prostitution actually suggests the opposite - why would a person say such a thing unless it was on their mind??

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Cali_tailchaser10820 reads

It's all going to depend on what one does as a dominatrix, or more importantly, what a police officer thinks a dominatrix does. In California, prostitution is a lewd act for money or other consideration. Consideration in the legal sense means anything given or received in exchange for a promise, so non-monetary goods or services also count. Bodily contact of one's genitals, buttocks, or female breasts by another, for the purpose of sexual gratification, is considered a lewd act. If there is no intent to touch, there is no lewd act, which is why you can have strip clubs and "air dances". A dancer grinding in one's lap could possibly be considered prostitution. A dancer grinding against another dancer is not prostitution because there is no bodily conduct with the paying customer, though it may be another crime. BTW, using any tools will be considered a bodily conduct, so poking someone with a stick still counts. In any situation, the prostitution charge depends on the intent to engage in such bodily conduct, not whether the bodily conduct occurs. Making it clear up front that there is no touching might be a defense at trial, though it might not stop the police from arresting you and spending the night in jail.

Running an agency adds further complications because that gets into the realm of pimping and pandering. In California, sometimes strip club owners and managers get in trouble for what happens inside their clubs.

There may also be local county or city laws further restricting activities. For example, the city of San Diego has laws regarding "outcall entertainers" and "outcall entertainment businesses", which requires they get a police permit, which means fun stuff such as photographs, fingerprints, name, address, etc. on file.

As with all legal matters, best to get a lawyer to be sure.

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merzina6881 reads

Is Dominitrix illegal in New York? All five bouroughs

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Cali_tailchaser8000 reads

I'm not a lawyer so I can't tell you if domination is legal or illegal in New York City. For my own entertainment, I've read up on California laws regarding prostitution. Isn't everything on this board for entertainment and not for legal advice? :)I don't know New York law so well, so I can only tell you what I find online and not what I can find spending a day in a public law library.

New York Penal Law section 230.00 states "A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee."  Sexual conduct is not defined for purposes of prostitution, but it includes masturbation, homosexuality, sexual intercourse, or physical contact of clothed or unclothed genitals, buttocks, or breasts. However, for purposes of child pornography, sexual conduct is defined in New York Penal Law 263.00 as actual or simulated sexual intercourse, oral sexual conduct, anal sexual conduct, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals.

There was a criminal case in Kings County (Brooklyn), People v. Georgia A., 163 Misc. 2d 634, 621 N.Y.S.2d 779 (City Crim. Ct. 1994) that sadomasochistic acts by a professional dominatrix, such as foot-licking, spanking, domination, and submission, is not prostitution, because there is no actual intercourse or sexual touching.

However, there is a civil case in New York County (Manhatten), 31 West 21st Street Associates v. Evening of the Unusual, Inc., 125 Misc. 2d 661 (N.Y. City Civ. Ct. 1984) where a S&M club could be evicted because the S&M activities were so sexual in nature, that it was considered a "place of assignation for lewd purposes".

So BDSM outcall may be legal in New York City, depending on what's being touched and what's being shown.

By the way, in New York, making pornography is considered prostitution.

Related Link: New York Penal Law section 230.00

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bookpieces5045 reads

There are (or there were, recently) several legal BDSM "clubs" in Manhattan.  Very well known. Very in the open.

I'm not sure if this impacted them, but the Giulliani administration had enacted a law that quite heavilly affected adult businesses in Manhattan.  They regulated what percentage of your square footage could be "adult oriented" versus non.  The intention was to regulate them out of business.  Instead, the "long haul" types of owners simply remodeled and had their "adult area" and the rest of the square footage would be filled with random products like dog food (that they knew they'd never sell).  It's quite funny, actually.  Most of the adult businesses still exist in the same places, with the same signage, but you'll walk inside and see a very strange mix of products and services.

Yes, even the adult strip clubs have had to divide their spaces up in weird ways.  The "adult entertainment" areas are well cordoned off from the "regular" areas, and are obviously much smaller than before.

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