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Thursday, October 20, 2011

Better to be a prostitute than a masseuse in New York?

There seems to be a renewed interest by law enforcement in cracking down on the world's oldest profession.  This increase in arrests and prosecution has raised many questions in the sex trade industry about the differences between "massages" and prostitution    The mistaken belief is that it is legally safer for an individual to solicit clients for a massage or body rub, since there is no offer or implication of sex.

The Prostitution Law in New York:
New York Penal Law Section 230: Prostitution
A person is guilty of prostitution when such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee. Prostitution is a class B Misdemeanor punishable up to 90 days in jail.  

Unfortunately for those in the sex trade industry who choose to work in New York, instead of the counties in Nevada where it's completely legal, New York has gotten more aggressive in their tactics.  Many sex workers in New York who are offering unlicensed massages are finding themselves charged under New York Education Law Sections 7801 and  7802, for the Unlawful Practice of a Profession, a Class E felony, punishable up to 4 years in jail.  The fact is New York requires  over one thousand hours of schooling and training to become a licensed masseuse in New York.  To make matters worse, if the masseuse, offers "happy endings", "full service" "full body rubs" or any of the other euphemisms that are used in the industry, they will likely be charged with prostitution as well.

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