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.
Legal disclaimer: All answers are for information purposes
only. Answering this question or any future questions does not form any
attorney-client relationship. Be mindful, that answers are limited by the
limited facts presented by the questioner and are not meant to take the place
of competent legal advice by an attorney fully informed of all the facts
surrounding your case. However, be aware that nothing posted in a public forum
such as this can be deemed confidential or privileged communication. For a privileged
private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com