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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 04-16-2015, 02:13 PM   #16
ShysterJon
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Quote:
Originally Posted by Restless View Post
I apologize in advance if I am asking a dumb question, but does this also apply to AMPs?
What does the "this" in your question refer to? It's always good to use definite subjects when asking a question.
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Old 04-24-2015, 02:41 PM   #17
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Miss. Code Ann Section 73-67-21(2) No person may advertise massage or practice massage for compensation in this state unless he is licensed as a massage therapist by the board. No person may use the title of or represent himself to be a massage therapist or use any other title, abbreviations, letters, figures, signs or devices that indicate that the person is a massage therapist unless he is licensed to practice massage therapy under the provisions of this chapter. A current massage therapy license issued by the board shall at all times be prominently displayed in any place where massage therapy is being practiced.

Massage Defined -- Miss Code Ann. Section 73-67-7 (g) “Massage” means touch, stroking, kneading, stretching, friction, percussion and vibration, and includes holding, positioning, causing movement of the soft tissues and applying manual touch and pressure to the body (excluding an osseous tissue manipulation or adjustment). “Therapy” means action aimed at achieving or increasing health and wellness. “Massage therapy” means the profession in which the practitioner applies massage techniques with the intent of positively affecting the health and well-being of the client, and may adjunctively (i) apply allied modalities, heat, cold, water and topical preparations not classified as prescription drugs, (ii) use hand held tools such as electric hand massagers used adjunctively to the application of hand massage or devices designed as t-bars or knobbies, and (iii) instruct self-care and stress management. “Manual” means by use of hand or body.
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Old 05-30-2015, 11:59 AM   #18
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Quote:
Originally Posted by Gingerspicy View Post
Is it legal to provide a bodyrub if not a licensed massage therapist? Thank you. Sorry if it bores you.
Quote:
Originally Posted by ShysterJon View Post
My answer to your question regarding Tennessee is 'no,' and regarding Mississippi, my answer is 'probably no.'

This is the applicable definition in Tennessee: "Massage/bodywork/somatic – The manipulation of the soft tissues of the body with the intention of positively affecting the health and well-being of the client." (See attachment). Although this definition differs from the Texas law because it doesn't list all the synonyms for 'massage,' the Tennessee definition still would include body rubs, in my opinion. The definition is from the Tennessee laws governing their Board of Massage Licensing.

The laws in Mississippi regarding massage aren't linked on the state board's website, and I couldn't find them after a few Google searches. But I'd bet Mississippi defines 'massage' as any manipulation of soft tissue, which would include body rubs.

Hope this helps.

Attachment 404239
Does the converse of the question result in potential charge of solicitation for the client of a non-licensed rub girl?

Here's an interesting ad copy which brought me back to this thread:
Quote:
Rates R 4 SEVICES NOT 15,30,60 minute TIME AMOUNTS
♥Early & Late Appointments ♥FETISH FRIENDLY & 2LADIES & COUPLE SHOW avalible♥
Is there an additional risk with this type of phrasing for her, him, or both?

On a side note, does flawed spelling fundamentally change presentation as evidence or is context sufficient?
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Old 05-30-2015, 12:39 PM   #19
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Quote:
Originally Posted by algrace View Post
Does the converse of the question result in potential charge of solicitation for the client of a non-licensed rub girl?

Here's an interesting ad copy which brought me back to this thread:


Is there an additional risk with this type of phrasing for her, him, or both?

On a side note, does flawed spelling fundamentally change presentation as evidence or is context sufficient?
I don't understand what you're asking. Please be clearer so we don't have to guess what you're asking. Numbering your questions helps.
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Old 05-30-2015, 05:24 PM   #20
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Quote:
Originally Posted by Gingerspicy View Post
Is it legal to provide a bodyrub if not a licensed massage therapist? Thank you. Sorry if it bores you.
Quote:
Originally Posted by algrace View Post
Does the converse of the question result in potential charge of solicitation for the client of a non-licensed rub girl?

Here's an interesting ad copy which brought me back to this thread:
Quote:
Rates R 4 SEVICES NOT 15,30,60 minute TIME AMOUNTS
♥Early & Late Appointments ♥FETISH FRIENDLY & 2LADIES & COUPLE SHOW avalible♥
Is there an additional risk with this type of phrasing for her, him, or both?

On a side note, does flawed spelling fundamentally change presentation as evidence or is context sufficient?
Quote:
Originally Posted by ShysterJon View Post
I don't understand what you're asking. Please be clearer so we don't have to guess what you're asking. Numbering your questions helps.
I've read that ignorance of the law is no defense. I apologize for convoluting this thread with questions more related to the consequences a client of an unlicensed rub girl may face.

I should consult my state bar to obtain a local listing then ascertain from a well-versed attorney about the potential citation or criminal charge(s) available for use in the jurisdiction of the activity.
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Old 07-29-2015, 11:10 AM   #21
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Quote:
Originally Posted by Guest071715-1 View Post
There are only 3 or 4 states left that do not require licensing to advertise massage. There are only about 6 states where it is still a legal grey area in regards to advertising "body rubs"

In Texas, they will absolutely call at BP provider advertising Body Rubs and show up at her door asking for her license. The Catch-22 is... if she is licensed, they'll report her to the state since she didn't display her license number in her BP ad. If she is not licensed, she will receive a ticket for a Class C Misdemeanor (assuming its a first offense, subsequent ones are Class B) and depending on the jurisdiction, may even get a ride to the police station and booked for a piddly Class C.

For the licensed ladies, there is a method that is effective, but time consuming in regards to both saving your license and avoiding a record. They'd have to PM me for the details though---
If I advertise for body rubs and LE knocks at my door..I don't have to even answer. Is that correct? I host out of a private home.
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Old 07-29-2015, 05:25 PM   #22
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Quote:
Originally Posted by celeste14U View Post
If I advertise for body rubs and LE knocks at my door..I don't have to even answer. Is that correct? I host out of a private home.
That is correct.

No you do not have to answer your door if LE is knocking. They can knock all day long and you can ignore all day long. You are not required to answer your door no matter what threats or lies they may say. Typically they will make a scene at your door to get you open it out of embarassment of your neighbors seeing cops at your house. Or they will threaten to go get a warrant (which normally is just a boast if you call them on it 9 times out of 10 its an empty threat unless its a felony charge).

The only way they can force you to open the door is with a warrant. If they go get a warrant (very very unlikely in fort worth for a class c misdeanor body rub girl) then they can then enter without your permission.

It is highly unlikely they will be able to get a warrant for you without a helluva alot of probable cause for a judge to sign off on. There are alot of hoops to jump through to get a warrant. They just dont get one done in 5 minutes.

There are other exceptions where they may enter without permission. But I cant see them using any of those justifiably and I would not want to create any more confusion. The short answer is no. Unless they have a warrant...ignore them.
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Old 07-30-2015, 06:37 AM   #23
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Thank you. I thought so.
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