Legal Corner
that is specific Cali
OC is an area that "sets up"
1)"non providers" from PRUDES.com
2)enjoys fancy lunches & adult beverages
3)arrests lady for refusing to take money
4) the vice cop spouts off perversions
5) they get to fabricate police reports
6)destroy evidence if it does not support the arrest,,which is why the "tape broke"
If say I provide nude or seminude massages but thats it. No other extras..handjob..etc. Can I still get arrested for this?
You will need to check with the laws of your state and city. You should also check with the board or agency that licenses massage therapy. Usually, the city or county has specific regulations on licensing massage therapists and what massage therapists can do. Some dictate how they can be clothed. Some are silent about clothing, but seminude or nude massage could be regarded as unprofessional conduct. The penalties may be criminal or may be civil. It just varies too much to give a decent answer.
In California, the prostitution law is very broad. Most physical contact between two adults could be regarded as lewd conduct, if it's done for the purpose of arousal. Massage therapy has a lot of physical contact, and the nudity of the masseuse implies the massage is for sexual gratification. Other states have a much more strict view on what is considered prostitution.
Unfortunately, all of this only answers the question of being prosecuted, not being arrested. Being arrested is within the discretion of the local law enforcement having probable cause to believe you've committed a public offense.
As is the popular refrain on this board, you need to consult a local attorney.
I am in california, orange county area. I am also a certified massage therapist if this helps.
I am not going to rehash, BUT That is what i have been fighting for almost 7 years, bless everyone on this board that I know is so sick of my story..
in simple terms there mere bad luck of crossing paths with LE in OC will get you an arrest & conviction ... and they clearly go to great lengths ..some of the attorneys I consulted ( way back) told me that they have alomost 100% conviction rate in OC...
mandatory jail sentence time with no priors,, very hard to get that sustituted......
sure ruin my life!!!!!!
OK, California has no state licensing body for massage therapy. It's up to each county and city.
As for California's prostitution law, prostitution is a lewd act in exchange for something. It doesn't have to be money. A lewd act means touching the genitals, buttocks, or female breast
of either the prostitute or customer with some part of the other person’s body for the purpose of sexual arousal or gratification of either person. Like I wrote before, nudity is going to imply you're doing it for the sexual arousal of the other person. Of course, you could just completely stay away from the genitals and buttocks and hope an undercover doesn't think you're going there.
Orange County requires massage licenses for any massage therapy. You're going to want to look at Orange County Codified Ordinance Title 5 Division 3 Article 1. OC Ordinance Code section 5-3-8(6) says "Massage attendants shall be fully clothed at all times. Clothing shall be of a fully opaque, non-transparent material and provide complete covering from mid-thigh to three (3) inches below the collar bone."
OC is an area that "sets up"
1)"non providers" from PRUDES.com
2)enjoys fancy lunches & adult beverages
3)arrests lady for refusing to take money
4) the vice cop spouts off perversions
5) they get to fabricate police reports
6)destroy evidence if it does not support the arrest,,which is why the "tape broke"
If only double redundancy were a felony.
(still not a lawyer, but very much a grammar cop)
haahaa,, Mr Fisher, yes you need to get out your little red pen on that one..
Not to mention sounds, like one could get arrested & convicted if one's skirt shrank. I guess they assume all massage therapist are women.
The good news, I hope we may have prevented Jen from getting to trouble for a wardrobe malfunction.
like Nevada that define prostitution as including, in return for a fee, “any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.” You have to figure out what are “the other intimate parts of a person” beside the sex organs and then be careful not to touch them.
And claiming “I’m here just to massage” and not to “arouse or gratify sexual desire” raises the question of why in the hell are you nude?“
Moreover, all it takes is for an undercover vice officer to claim you touched some intimate part and he can make an arrest.
Thanks guys! This helps a lot. =/ Damn these LE. Dont that have bigger fish to fry...
JEN , I think LE want to have fun, LE do not care about sweeping 50 street-walkers off the street creating a public nuience...no they take the same budget & focus on demure pretty regular girl,,with the courting... & fake relationship enjoy food & beverage..then after they get the girl to trust he is a gentleman...lure to another location (were she is physically trapped & "invoke fear" & then arrest & say she is a hooker,,so much more FUN!!!! good work OCSD
will you "PLEASE" refrain from rehashing it at every single opportunity. We get it, OC is bad.
I really don't mean to be rude, but your story is getting rather tiresome. Making your own threads about it is one thing, but hijacking evey thread that intersects with your own story no matter how slightly is just a little much.
I'm more concerned that the next guy who asks CAthy out for a date and wants to take her to a dinner of prime rib and wine is going to receive a very cold reception....
but I thought her vice dop friend was a beer drinker.
I did say that I now believe her story to be true. I am not 100% convinced that all the details are completely accurate, but I now believe the incident did happen.
-- Modified on 2/28/2009 10:33:13 AM
seriously...
actually the vice/cop drank 2 beers in my presence. & I had 1 glass of white wine.
Sometimes when you are telling what happened, one may innocently leave out a detail & then then the next time tell the story may remember another detail..which would explain small discrepencies ..
Furthermore, sometimes you may try to leave out minutia as it has very little relevance to the big picture..
I agree with GA the story is 7 years old...ZZZZZZZ... I sure wish someone would have bored me with this information...
My hope is that no one else has to endure this type of cruel and painful situation. I greatly appreciate all your kind words & support.
Because I was born that way?
(still not a lawyer but still naked under these clothes.)
-- Modified on 2/28/2009 6:18:18 AM
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