Would  a hobbyist and a provider be engaging in illegal activities if they are just kissing? My personal opinion is that kissing is not sex. Does anyone have any thoughts about this?

I don't know if you could be charged with anything if you paid to kiss someone or be kissed.  I think a case like this would never go to court, due to the low probability of conviction. (However, I am not a attorney so I could be wrong.)

When I was in high school, they still had a booth at the school carnival where cheerleaders would sell kisses for a buck.

That was a long time ago, I admit, but I don't think any of them were ever prosecuted.

OTOH, it is the act of tendering money in order to purchase sex that is the crime. You don't actually have to have sexual contact. Otherwise, all the stings we've been hearing about would generate much more interesting cross examinations. ("Now Officer Betty, the last defendant you testified against was hung like a moose. How can you be certain my client's tiny peepee actually entered your vagina????") As always, questions like the one dfkbandit poses cannot really be answered without knowing the totality of circumstances.

LOL. That's pretty funny Remy. Actually I think kissing should be illegal if you're bad at it. If you haven't kissed someone in a long time, please don't jam your tongue down our throats. Relax and let us take the lead. xoxo

Assuming that there was no agreement of sex in exchange for money.  So presuming that the arrangement was just for kissing without sex, then no.  The genitals have to be involved somehow for it to be considered sex.

and a question that gets one to think just a bit.

Since prostitution is generally defined as an act of exchanging money for sexual acts of any kind, the question then becomes, is kissing a sexual act?   In my opinion, I think it would be up for interpretation dependent upon where you were kissing, with whom it was you were kissing, what parts of the body you were kissing,  and why you were kissing.    

Thank you, dfkbandit, for the excellent question!!!  

Big hugs, Belinda

If they can prove intent, it doesn't matter so much much what you actually did.

If the guy gets excited during the kiss and messes his shorts is it sex then?

You must be kidding?  Clinton established the "fact" that the glorious BBJ is not sex.  So do the math.