Legal Corner

It likely varies by state
Trygger 28 Reviews 5795 reads
posted

This will depend entirely on the laws of your state or even municipality.  Post what state you are in and someone may have better information.

Touching yourself may not be solicitation, but may fall under some other statute or even a business regulation for the massage industry.

If you are doing therapeutic massages (CMT) and considering branching out, I would imagine that an industry association would have a concise statement of the regulations that apply to the industry.

mynameiswhat7648 reads

I am a massage provider. I want to know the things I can and can not do during a session. i mean i know the common sense things. but can i touch myself without that being considered illegal? i would not touch them, they would not touch me. they would only watch me touch myself and possibly touch themselves while watching me. could i be arrested for this? also i would be doing this out of the privacy of my own home, could LE arrest me?

This will depend entirely on the laws of your state or even municipality.  Post what state you are in and someone may have better information.

Touching yourself may not be solicitation, but may fall under some other statute or even a business regulation for the massage industry.

If you are doing therapeutic massages (CMT) and considering branching out, I would imagine that an industry association would have a concise statement of the regulations that apply to the industry.

and you advertise yourself as a massage provider but are not licensed to do so, then you may be committing a felony.  That is the case in Massachusetts and many states.

If you are licensed, then the activity you describe could wind up being cause for having your license taken away which will lead to the problem above.

Touching yourself could also fall under any number of statutes that prohibit lewd and lascivious behavior.

The short answer is:  If LE gets wind of your enterprise and wants to find a way to bust it, they will.  Screen carefully.

(still not a lawyer)

so that ANY sexual act qualifies when money has been exchanged.  Strip clubs and the like usually avoid this through licensing (local standard) and free speech (art and entertainment) devices.  You cannot.  The outcall strippers for parties usually avoid it for some of the same reasons.  However, you seem to be providing from your home without a license, so I would be concerned about putting on this kind of "show".  No more than usual, though, just take the regular precautions.  Just don't think that you are "safe" if you don't blow or fuck him.

In California, a lewd act can clearly be committed by one person touching him or her self. While people may tell you that it varies from state to state, take that with a grain of salt.  "Lewd act" is a term that is rarely defined with clarity, and, like art and obscenity, it is in the eye of the beholder.

If you want a little more bad news, often when things are not clear in law, instead of voiding the law for vagueness, it becomes a question of fact for the jury or trial court judge.  In other words, it is a question to be resolved at trial.

If your state has previously held that touching oneself is not a lewd act, this is no guarantee, becuase it is probably a matter of judicial interpreation, which is subject to reconsideration, like in your case.

what you say, what you do, what you touch, what they touch, and what state you are in do not matter. the only things that matter are:

1) how much money are you willing to pay a lawyer?
2) how good is that lawyer?
3) how willing are you to have your name and accusation printed in the newspaper?

Just about everywhere in the US, sexual behavior (including looky no touchy) is legally regulated to some extent. There are very few places (like the brothels in Nevada, for instance) where it is explicitly legal. A big fuss has been made lately about the fact that prostitution is "legal" in Rhode Island - but in actual fact, it's not "legal", it's just that there's no explicit law in place allowing prosecution under certain circumstances. And, in fact, many people have been arrested for it, but then released because the prosecutor is crippled - the arrests are still a matter of public record. So, if you don't want Mom to know what you are doing, Rhode Island is no safer than any other state.

I understand that you are not talking about prostitution, but only putting on a "show". Could you be arrested for pleasuring yourself during a massage session, or encouraging your client to pleasure himself? YES you could. They can arrest you any time they want. Could they make the arrest stick, hold you in jail, bring you to trial and get you convicted of a crime? THAT DEPENDS ON THE LAWS OF THE STATE, THE LOCAL ATTITUDE, AND THE QUALITY OF YOUR LAWYER.

The things that you want to know about are:

1) Is unlicensed massage legal in your state? If not, can one advertise backrubs/bodyrubs legally?
2) What is the local attitude towards erotic massage/escort services/street prostitution? Have there been publicized busts? Has the mayor/chief of police publicly vowed to clean up the streets? Is it an election year?
3) Do you have neighbors who would call the police if they saw strange cars parking in your driveway throughout the week?

YOU CAN'T HANDLE THE TRUTH!

(still not Jack Nicholson)

what a great movie.... of course, it was before I knew tommy boy was from alpha centauri...

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