Quote:
Originally Posted by tonyTF
Does anyone know if in NY State it is illegal (prostitution) to hire someone no matter the location (as long as it is not public) for the following three activities?
(1) For stripping and lap dance.
(2) For a “toy show”.
(3) Naked “body rub”, (can’t use the word massage unless licensed).
a. No touching of the genitals involved
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In New York State, the first two are not prostitution, per se. Penal Law Sec. 230.00 defines prostitution as follows: "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." Note: the mere "offer" is sufficient.
Penal Law Sec. 130.00(10) defines "sexual conduct" as: "sexual intercourse, oral sexual conduct, anal sexual conduct, aggravated sexual contact, or sexual contact."
Each of those terms are also separately defined elsewhere in Sec. 130.00, but all are rather self-explanatory and reasonably understood by most. "Sexual contact" refers to a variety of intimate touching situations for an obvious purpose.
So, with respect to your parenthetical reference, the first two are not likely to be proven to be prostitution. However, whether law enforcement might attempt to lodge such charges, successfully ultimately or not, or more importantly, whether other criminal charges might be properly lodged under the unique circumstances presented by each individual instance, are different questions and not easily answered. For example, age plays a factor, as does the voluntary nature of the encounter, among many other things.
The nature of the conduct described in your third scenario, however, might very well be "sexual contact" under the statute. Penal Law Sec. 130.00(3) states: " 'Sexual contact' means any touching of the sexual or other intimate parts of a person for the purpose of gratifying sexual desire of either party. It includes the touching of the actor by the victim, as well as the touching of the victim by the actor, whether directly or through clothing, as well as the emission of ejaculate by the actor upon any part of the victim, clothed or unclothed."
You'll have to decide for yourself whether the third scenario would fit the prostitution definition of not. Personally, it doesn't look promising to me. I have had no reliable success in charting all the "intimate parts" of the human body.
All of this is an extremely complicated area. Always safe to assume the worst. The laws relating to this are manifold, convoluted, and complex.
Legal Definition ?
