I presume it differs by state (I'm in GA), but here is my question.
Where's is the legal line between paying for a massage (a legal service, as far as I know) and paying for sex?
Let me provide a hypothetical circumstance:
Junior Schlong books full hour massage.
For the record, a professional massage table is used.
Provider provides a top-notch deep-tissue massage for at least an hour (provider is clothed - barely).
eventually, provider removes her clothing and continues massage on the Schlong's front-side. Lots of hand and body rubbing ensue, Schlong masturbates to completion (essentially during the massage).
There has never been any mouth to genital or genital to genital contact during the session. Admittedly, a naked man agreed to a massage, during which time the massuese removed her clothing and
rubbed him up with oil (maybe said a few dirty words). Junior Schlong's position is that he didn't have sex, what would Mr. or Ms. DA's view of this encounter likely be???
In California is was found that prostitution did not exist where (1) the women sexually touched only each other and not the customer, and (2) the only customer shown by the evidence was an undercover police officer, who, defendants argue, lacked the necessary intent to obtain sexual arousal or gratification. Wooten V. Count of San Bernardino (2001)93 Cal. App. 4th 422. This case involved a lesbian show at a strip club where they did not touch the patron (the cop). Of course the actual legality of two people masterbating is questionable because the person watching is getting sexually satisfied and aroused. So it is probably not okay. You could have a reasonable defense to argue, but it is likely you will be arrested and the defense is questionable.
Most busts in these situations are when the lady does not have a massage license (an activity that requires a license from the State - here in California and in most jurisdiction).
Whether sexual gratification was involved may ultimately come down to a DNA test of the linen - remember Monica?....
Most massage places have adequate security systems (like a master light switch), and so it is unlikely that the fuzz will see you with a hardon. Private incall is even more safe.
is discussed in the thread below. If the masseuse touches your genitals with her hands or body to arouse you, my guess is that act would constitute a "sexual act" for purposes of prostitution under Georgia law. If your own hands are doing the touching and arousing then I think its a closer question. The Georgia statute doesn't define "sexual act" clearly, and I don't know if the case law does either. Plus a Georgia statute specifically outlaws "masturbation for hire" by a masseuse.
http://theeroticreview.com/msgBoard/viewmsg.asp?MessageID=1332&boardID=25&page=2
I thought the cop was not supposed to get "arroused"; but if he does, then why doesen't he become a participant, if not the instigator of the whole thing.