In your example, both parties know what the "real deal" is - and it's illegal.
A more interesting question is whether it is defensible, making the question of legality largely irrelevant. As part of a lengthy thread regarding legal issues surrounding DIY, I commented that it is "... defensible if words were simply not said or chosen wisely ..."
I think the same is true here and also for full-service.
http://www.theeroticreview.com/discussion_boards/viewmsg.asp?MessageID=146474&boardID=21&page=#146474
(The thread started here: http://www.theeroticreview.com/discussion_boards/viewmsg.asp?MessageID=146321&boardID=21&page=#146321)
Perhaps this has been discussed before, but I wasn't able to find anything. I hope there is an attorney in our midst who could shed some actual statute or legal clarification of the HE massage. What actually IS illegal about it? It it illegal to ask for additional money for this specific act? ie: "if you give me an extra $20 I'll give you a release" Or is it simply something else.
I've heard of one therapist that gave the massage, then stated out loud: "OK, this ends your massage session" and then proceeded to give a HE thus separating it from the paid massage session..technically..I guess. Seemed quite logical and creative actually.
What is the real deal?
See the link touching of intimate areas is considered a sexual act in MN. So is "satisfying the actor's sexual impulses" which I bet the law will use to cover the DIY massage genre. I suppose a good attorney could get you out of that but it would be expensive.
I've heard of one therapist that gave the massage, then stated out loud: "OK, this ends your massage session" and then proceeded to give a HE thus separating it from the paid massage session..technically..I guess. Seemed quite logical and creative actually.
What is the real deal?
In your example, both parties know what the "real deal" is - and it's illegal.
A more interesting question is whether it is defensible, making the question of legality largely irrelevant. As part of a lengthy thread regarding legal issues surrounding DIY, I commented that it is "... defensible if words were simply not said or chosen wisely ..."
I think the same is true here and also for full-service.
http://www.theeroticreview.com/discussion_boards/viewmsg.asp?MessageID=146474&boardID=21&page=#146474
(The thread started here: http://www.theeroticreview.com/discussion_boards/viewmsg.asp?MessageID=146321&boardID=21&page=#146321)
The law is pretty broadly written and even the intent to exchange money for a sex act is illegal. I highly doubt that announcing the massage is over and then providing the HE would work any better as a defense than any of the other attempts to say the money is for something else.
Forget it. Put that in front of a judge and watch him/her laugh. Using massage as a premise for sexual activity will not work. I know a gal that allows guys to DATY her, but she won't touch you on a bet. Think it's legal? WRONG! You can't touch her genitals, nor her touch yours. Stating obviously that the massage is over? So what? You really think a judge/jury will buy that?
However, there is a precedent in many states that allows for self masturbation in a private room so long as the other party isn't offended (no harm, no foul). That is the legal premise for mutual masturbation, and the "DIY massage legal guidelines". Let's face it, the "PROOF" piece of the legal offense is a major issue... and only a vice cop wearing a wire is going to be able to gather enough evidence to make a conviction stick. So here's the real deal: if they want to, they can cite you for "accidentally" stroking them. That's a misdemeanor at least, and you'll need a lawyer. Plan on explaining a $5k+ charge to the spouse. I think you get the picture.
As always, YMMV and 2 people that know each other might be doing anything imaginable with no legal consequences (obviously).
However, I'm in Hong Kong and it's 9:30am on Sunday morning... so if I was staying at a hotel I could call room service and order a massage with a 99% chance that a HJ comes with it. The US is one of only a few countries that doesn't think of a release as a part of a massage.
value for sexual contact is prostitution, with emphasis on contact. Watch a peep show girl and get yourself off? No.
A more interesting question is DIY providers. That one I don't know.
A more interesting question is DIY providers. That one I don't know.