Legal Corner

solicitation of "masturbation for hire" Illegal?
Wazoo 7 Reviews 40808 reads
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Some of the discussions below piqued my interest in the legality of soliciting "masturbation for hire." (My interest is purely academic.  I have a libertarian bent and am always interested to see how far states can go in curtailing personal freedoms.) The act seems to exist in some sort of legal twilight in my state, and I am hoping that some of the brighter legal minds who post here might be able to shed some light on the issue.  

Consulting the legal statutes for my state in FindLaw, I discovered that some practices are very clearly illegal:

1. Both prostitution and solicitation of prostitution are aggravated misdemeanors.  Prostitution is narrowly defined as "sodomy or sexual intercourse" in exchange for money. Manual masturbation is not mentioned.

2. It is a misdemeanor for a masseuse or masseur to perform masturbation for hire. Heavy repercussions follow, including loss of business license, fines, and even possible jail time. The statutes don't mention the legality of a client receiving said practice, however.

3. My particular municipality forbids solicitation of sexual activity in any public place. It includes manual masturbation in the list of verboten offenses.  The code does not address solication of sexual activity in any private place, however.

Putting all of this together, it is quite clearly against the law in my state to solicit sodomy or sexual intercourse, and it is against the law for a masseuse or masseur to perform masturbation for hire. It is also illegal in my municipality to solicit masturbation for hire in a public place. There is nothing explicit about the client soliciting or receiving said practice in a non-public space. Does it thus slide under the radar screen of the law, so to speak?

If so, consider these examples:

1.  Good Citizen X has no interest in receiving "full service" but does like to visit attractive young lasses who offer body to body massage only. The sessions involve nudity and body contact, but no sodomy or intercourse. He talks openly about his experiences and even writes explicit reviews about them using his real name.  Should he anticipate pending prosecution?

2. The same Good Citizen visits a new therapist who is reputed to offer a "happy finish."  At the end of an excellent therapeutic massage, the therapist asks if the client wants the massage to continue.  No additional money changes hands. She asks him to indicate by touching himself what else he might like massaged. The client at this point does not know if she is simply trying to protect herself legally or if he is the unwitting sap of some sort of sting operation.  Can he indicate away without fear of legal reprisal?

3. The same Good Citizen wanders into a local Asian Massage Parlor, not knowing that a sting operation is in full swing. After a perfuctory massage, the attendant asks if he would like anything else.  He answers (speaking directly into the microphone) "Yes, I'd like $60 worth of masturbation for hire, please." Although "full service" is offered at this AMP, this particular client has not requested it.  Is he kicked out with a warning or is he prosecuted?

Please help shed some light on this confusing legal issue.  

mr_crawford23892 reads

Another meaning for "Pandering"!!!!

In Georgia soliciting a sexual act is called "pandering", and the definition of "sexual act" could easily be read to include a handjob.  

"A person commits the offense of pandering when he or she solicits a  person to perform an act of prostitution in his or her own behalf or in behalf of a third person..."
http://www.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/16/6/12

Prostitution is defined as:

"A person commits the offense of prostitution when he or she performs  or offers or consents to perform a sexual act, including BUT NOT LIMITED to sexual intercourse or sodomy, for money or other items of value"
http://www.ganet.state.ga.us/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/16/6/9

So does "sexual act" include a handjob or masturbation. It certainly could, but I could find no cases on point.  You could argue that the fact that the Georgia felt it necessary to specifically outlaw "masturbation" for massage practioners means that they didn't feel that masturbation was already included under prostitution, but I wouldn't bet on that argument.


BTW Georgia statutes criminalize blowjobs and sexual intercourse between unmarried consenting adults in private.  I think some of these statutes have been ruled unconstitutional, but you would have to consult the Georgia and federal case law.




engorgedmonster24882 reads

What about in Minnesota?  I am interested in massage here but do not know the consequences/rules/laws whatnot.  Any idea?

engorgedmonster at yahoo dot com

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