I was just wondering if a masseuse could be jailed for massaging in nude? let's say she is certified and client's intimate area is not touched. my other Q is :while performing a legitimate massage on a client ( a masseuse is dressed)is it OK if he gets a massage without any draping?
I'm going to assume you're talking within Philadelphia. Pennsylvania Consolidated Statute section 5902 defines prostitution as working in a house of prostitution or engaging in sexual activity as a business. Sexual activity includes "homosexual and other deviate sexual relations." Contact of some sort is usually required. Pennsylvania courts have specifically said that self-masturbation with no contact is not prostitution. However, if an offer of sexual contact is implied, there doesn't need to be contact for a conviction for prostitution. Given that, I would stay away from any contact if undressed. There may also be issues involving indecent exposure.
You'll also need to check with the local law. I believe the Philadelphia Code has some regulation of massages of opposite-sex clients. Pennsylvania Administrative Code may also have something.
You would have to check with an attorney in the area you are in.
Licenses to massage are issued by boards who are often very concerned that the public perception of their trade will be harmed by allowing any association with sex to come into play with a licensed practicioner, so I suspect that massaging in the nude or allowing the client to expose his genitals will be frowned upon and lead to sanctions up to and inclusing revocation of your license.
It's when it's offered to the general public for a fee that the illegalities set in.
You do raise an interesting point if, for example, a nude massage practicioner works at a nudist resort and offers her service for a fee.
Absent any laws excepting nudist resorts, there is a strong possibility that the practice would be considered illicit, but perhaps LE doesn't bother to pry behind those fences.
There are privately owned nudist colonies and publicly owned nude beaches in California. Most of the beaches are considered family beaches where totally nudity is not allowed. There are also topless beaches.
The patient is almost always nude during a massage with nothing more than a towel or small sheet covering the genitals. This is true for therapeutic as well as sensual massages. I don’t know what law would be violated if the masseuse performed a massage in the nude as long as there was no touching. What would be the difference between a lap dance in a strip club and a nude massage? Of course, there might be a violation in there somewhere. Good luck on your future enterprise.
I saw your profile and it said you were in Philadelphia, though you have a Mississippi phone number, so I assumed you wanted to know Pennsylvanian law.
Prostitution and solicitation of prostitution is California Penal Code section 647, subdivision (b). Prostitution is any lewd act between persons for money or other consideration. So, no bartering. A lewd act means contact of the genitals, buttocks, or breast with some body part of another person. So don't grope him and don't let him grope you.
By state laws, nude modeling, full-nudity, and nude massage would be okay as long as it's in a private place. If it's in a public place, there's problems with solicitation and indecent exposure laws. By the way, it's California Department of Alcoholic Beverage Control licensing regulations that requires at least bikini bottoms if alcohol is being sold on the premises.
Your real concern is going to be your local zoning ordinances. For example, the owner of Thad's, a swingers club in San Diego, was criminally prosecuted and convicted because he operated too close to schools. There will also be local licensing laws. In Los Angeles county, "massage technicians" must have coverings over genitals and the breasts.
Tried posting before, but not sure what happened. A nude massage is probably the easiest thing to justify for an arrest. If the massage is for theraputic purposes, as in licensed and maybe recommened by therapist or doctor, the masseuse is not going to be nude, topless, or dressed in anything seductive.
WHen the first thing that the masseuse does is remove her top, it is going out of the therapy session arena.
Unless there is some urological reason for massaging portions of the anatomy, it is going to be viewed as a lewd act.
Most states define prostitution in terms of lewd act, and intercourse is not needed. If the act is done to sexually arouse, that is what is needed for a violation.
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