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If you go to a place that advertises erotic massage is that illegal? Can I get in trouble if my masseuse is not licensed?

Babylon, NY |

This is if all she does is sensual touch by hot chick. No genitals, obviously that's illegal.

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Attorney answers 2


Receiving a massage from a business that advertises erotic massages is not illegal per se. However, if a customer agrees to pay (or pays) a fee in exchange for sexual conduct, then he/she can be charged with patronizing a prostitute. If no genitals are involved more than likely no sexual conduct has occurred. As far as the licensing is concerned, that is not a customer's problem. A customer cannot get in any legal trouble because the masseuse is not licensed. Any legal repercussion related to a lack of proper licensing falls on the shoulders of the masseuse and business owner.

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Thank you. Another question if I may. What is stopping an officer from charging me? I know it would be very difficult to get a conviction without evidence. But say illegal activities occurred in other rooms and I happened to be there; can an officer just charge me if he wanted? Or say I was just there and there was a raid and nothing illegal was happening, can an officer charge me even if chances are slim to none of getting a conviction? Are there any repercussions to charging someone without adequate evidence?



Basically, If I go to one of these parlors that advertises hot girl massages and I don't break the law myself in anyway I know it's hard to get convicted; but would I still be in danger of getting charged with anything if I was there while someone did something illegal in other rooms? My concern is getting charged. Because then that means I'd have to go to court to fight a conviction. Right?

Peter McGrath

Peter McGrath


I guess that an officer can charge you, but more than likely they would not. An officer needs to have probable cause to make an arrest. Simply because you are in a business does not provide adequate cause. An arresting office in such a case would get an earful from a prosecutor, who would subsequently drop your case.

Posted genitals (either person) are involved than it is hard to say that was sex as the code defines it. Law enforcement would have to articulate they believe the conduct is sex.

The license issue is more hers than yours.

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