Myth Busting
Things that are good to say for clarity with the client, but do not help you legally (May dissuade law enforcement from pursuing you, but no guarantee )
“No Sex”
“Nothing Illegal”
“Nothing ending in ‘Job’ “
Acts which do not separate you from performing a sexual act legally
Remaining clothed
Wearing gloves
Not bringing client to orgasm
Two main types of laws:
-State prostitution statutes – typically make “prostitution” a misdemeanor, and then define what constitutes it
– City ordinances – prohibit spending time with a person for a fee without having a permit
SURVEY OF PROSTITUTION LAWS IN 50 STATES AND DISTRICT OF COLUMBIA
All information is from official law sources (Westlaw) and current as of May 16, 2021. All information is designed as a guideline and should not be a substitute for individual legal advice from an attorney in Your area.
SUMMARY
| Specifically includes “sadomasochistic abuse” or some variant as a “sexual act” or “sexual contact” in the context of prostitution | Arizona, Hawaii, Louisiana, Maryland, New Jersey, District of Columbia |
| Specifically includes placing urine or feces into or upon the body of another, which makes golden showers constitute a sexual act in the context of prostitution | New Hampshire, North Carolina, North Dakota |
| Definition of “touching genitals” and/or “masturbation” could include CBT | Oklahoma, Rhode Island, South Dakota, Texas, Washington |
| Extremely broad definitions that include anything designed for “sexual gratification” or “lewd and/or lascivious” | Delaware, Oklahoma |
| Live BDSM shows are illegal as indecency | Oregon |
| “Basic Dominance & Submission” specifically EXCLUDED from prostitution | New York (one lower court case) |
| HIV Positive = Felony | Ohio |
50 STATE SURVEY
Crazy California – Falls under disorderly Conduct
- Requires some act in furtherance of the commission of the act
- The definition of prostitution includes “any lewd acts between persons for money or other consideration.”
CA – Penal Code 647(b) – disorderly conduct
Except as provided in paragraph (5) of subdivision (b) and subdivision (l), every person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor . . . :
(b) (1) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution.
(2) An individual who solicits, or who agrees to engage in, or who engages in, any act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual agrees to engage in an act of prostitution when, with specific intent to so engage, he or she manifests an acceptance of an offer or solicitation by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution. . . . (4) A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not constitute a violation of this subdivision unless some act, in addition to the manifestation of acceptance, is done within this state in furtherance of the commission of the act of prostitution by the person manifesting an acceptance of an offer or solicitation to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration.
50 State Survey
| Alabama (a) No person shall commit an act of prostitution as defined in Section 13A-12-120. (b) No person shall solicit, compel, or coerce any person to have sexual intercourse or participate in any natural or unnatural sexual act, sodomy, or sexual contact for monetary consideration or other thing of marketable value. (c) No person shall agree to engage in sexual intercourse, sodomy, or sexual contact with another or participate in the act for monetary consideration or other thing of marketable value and give or accept monetary consideration or other thing of value in furtherance of the agreement. (d) No person shall knowingly do any of the following: (1) Cause or aid a person to commit or engage in prostitution. (2) Procure or solicit patrons for prostitution. (3) Provide persons or premises for prostitution purposes. (4) Receive or accept money or other thing of value pursuant to a prior agreement with any person whereby he or she participates or is to participate in the proceeds of any prostitution activity. (5) Operate or assist in the operation of a house of prostitution or a prostitution enterprise. Ala.Code 1975 § 13A-12-121 For the purpose of this division, the term prostitution shall mean the commission by a person of any natural or unnatural sexual act, sodomy, or sexual contact for monetary consideration or other thing of value. – Ala. Code § 13A-12-120 (recently changed “deviate sextual intercourse” to “sodomy.” | Alaska (a) A person commits the crime of prostitution if the person(1) engages in or agrees or offers to engage in sexual conduct in return for a fee; or(2) offers a fee in return for sexual conduct. – Alaska Stat. Ann. § 11.66.100 (West) (4) “sexual conduct” means genital or anal intercourse, cunnilingus, fellatio, or masturbation of one person by another person. – Alaska Stat. Ann. § 11.66.150 (West) |
| Arizona 5. “Prostitution” means engaging in or agreeing or offering to engage in sexual conduct under a fee arrangement with any person for money or any other valuable consideration. 6. “Prostitution enterprise” means any corporation, partnership, association or other legal entity or any group of individuals associated in fact although not a legal entity engaged in providing prostitution services. 7. “Sadomasochistic abuse” means flagellation or torture by or on a person who is nude or clad in undergarments or in revealing or bizarre costume or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed. 8. “Sexual conduct” means sexual contact, sexual intercourse, oral sexual contact or sadomasochistic abuse. 9. “Sexual contact” means any direct or indirect fondling or manipulating of any part of the genitals, anus or female breast. 10. “Sexual intercourse” means penetration into the penis, vulva or anus by any part of the body or by any object. – Ariz. Rev. Stat. Ann. § 13-3211 | Colorado (1) Any person who performs or offers or agrees to perform any act of sexual intercourse, fellatio, cunnilingus, masturbation, or anal intercourse with any person not his spouse in exchange for money or other thing of value commits prostitution.(2)(a) “Fellatio”, as used in this section, means any act of oral stimulation of the penis.(b) “Cunnilingus”, as used in this section, means any act of oral stimulation of the vulva or clitoris.(c) “Masturbation”, as used in this section, means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse.(d) “Anal intercourse”, as used in this section, means contact between human beings of the genital organs of one and the anus of another. –Colo. Rev. Stat. Ann. § 18-7-201 (West) Changed to petty offense (no jail time) by S.B. 21-271 |
| Connecticut (a) A person eighteen years of age or older 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. – Conn. Gen. Stat. Ann. § 53a-82 (West) | Delaware (a)(1) A person is guilty of prostitution when the person engages or agrees or offers to engage in sexual conduct with another person in return for a fee. – Del. Code Ann. tit. 11, § 1342 (West) (4) “Sexual conduct” means any act designed to produce sexual gratification to either party. It is not limited to intercourse or deviate sexual intercourse. – Del. Code Ann. tit. 11, § 1356 (West) A person is guilty of promoting prostitution in the third degree when the person knowingly advances or profits from prostitution. Promoting prostitution in the third degree is a class F felony. — Del. Code Ann. tit. 11, § 1351 (West) A person is guilty of promoting prostitution in the second degree when the person knowingly: (1) Advances or profits from prostitution by managing, supervising, controlling or owning, either alone or in association with others, a house of prostitution or a prostitution business or enterprise involving prostitution activity by 2 or more prostitutes; — Del. Code Ann. tit. 11, § 1352 (West) |
| District of Columbia (a) Except as provided in subsection (d) of this section, it is unlawful for any person to engage in prostitution or to solicit for prostitution. – D.C. Code Ann. § 22-2701 (3) “Prostitution” means a sexual act or contact with another person in return for giving or receiving anything of value. – D.C. Code Ann. § 22-2701.01 (8) “Sexual act” means:(A) The penetration, however slight, of the anus or vulva of another by a penis;(B) Contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; or(C) The penetration, however slight, of the anus or vulva by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.(D) The emission of semen is not required for the purposes of subparagraphs (A)-(C) of this paragraph.(9) “Sexual contact” means the touching with any clothed or unclothed body part or any object, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person. – D.C. Code Ann. § 22-3001 | Florida (a) “Prostitution” means the giving or receiving of the body for sexual activity for hire but excludes sexual activity between spouses.(b) “Lewdness” means any indecent or obscene act.(c) “Assignation” means the making of any appointment or engagement for prostitution or lewdness, or any act in furtherance of such appointment or engagement.(d) “Sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; anal or vaginal penetration of another by any other object; or the handling or fondling of the sexual organ of another for the purpose of masturbation; however, the term does not include acts done for bona fide medical purposes. – Fla. Stat. Ann. § 796.07 (West) |
| Georgia A person commits the offense of prostitution when he or she performs or offers or consents to perform a sexual act, including but not limited to sexual intercourse or sodomy, for money or other items of value. – Ga. Code Ann. § 16-6-9 (West) (a) A person, including a masseur or masseuse, commits the offense of masturbation for hire when he erotically stimulates the genital organs of another, whether resulting in orgasm or not, by manual or other bodily contact exclusive of sexual intercourse or by instrumental manipulation for money or the substantial equivalent thereof.(b) A person committing the offense of masturbation for hire shall be guilty of a misdemeanor. – Ga. Code Ann. § 16-6-16 (West) | Hawaii (1) A person commits the offense of prostitution if the person engages in, or agrees or offers to engage in, sexual conduct with another person in return for a fee or anything of value. (2) As used in this section: “Minor” means a person who is less than eighteen years of age. “Sexual conduct” means “sexual penetration”, “deviate sexual intercourse”, or “sexual contact”, as those terms are defined in section 707-700, or “sadomasochistic abuse” as defined in section 707-752. Haw. Rev. Stat. Ann. § 712-1200 (West) “Sadomasochistic abuse” means flagellation or torture by or upon a person as an act of sexual stimulation or gratification. – Hawaii Rev. Stat. § 707-752 (West) “Sexual contact” means any touching, other than acts of “sexual penetration”, of the sexual or other intimate parts of another, or of the sexual or other intimate parts of the actor by another, whether directly or through the clothing or other material intended to cover the sexual or other intimate parts. “Sexual penetration” means:(1) Vaginal intercourse, anal intercourse, fellatio, deviate sexual intercourse, or any intrusion of any part of a person’s body or of any object into the genital or anal opening of another person’s body; it occurs upon any penetration, however slight, but emission is not required. As used in this definition, “genital opening” includes the anterior surface of the vulva or labia majora; or (2) Cunnilingus or anilingus, whether or not actual penetration has occurred. – Hawaii Rev. Stat. § 707-700 (West) |
| Idaho (1) A person is guilty of prostitution when he or she: (a) engages in or offers or agrees to engage in sexual conduct, or sexual contact with another person in return for a fee; or (b) is an inmate of a house of prostitution; or (c) loiters in or within view of any public place for the purpose of being hired to engage in sexual conduct or sexual contact.(2) Prostitution is a misdemeanor, provided, however, that on a third or subsequent conviction for prostitution, it shall be a felony.(3) Definitions:(a) “Sexual conduct” means sexual intercourse or deviate sexual intercourse.(b) “Sexual contact” means any touching of the sexual organs or other intimate parts of a person not married to the actor for the purpose of arousing or gratifying the sexual desire of either party. – Idaho Code Ann. § 18-5613 (West) | Illinois a) Any person who knowingly performs, offers or agrees to perform any act of sexual penetration as defined in Section 11-0.1 of this Code for anything of value, or any touching or fondling of the sex organs of one person by another person, for anything of value, for the purpose of sexual arousal or gratification commits an act of prostitution. – 720 Ill. Comp. Stat. Ann. 5/11-14 (West) “Sexual penetration” means any contact, however slight, between the sex organ or anus of one person and an object or the sex organ, mouth, or anus of another person, or any intrusion, however slight, of any part of the body of one person or of any animal or object into the sex organ or anus of another person, including, but not limited to, cunnilingus, fellatio, or anal penetration. Evidence of emission of semen is not required to prove sexual penetration. – 720 Ill. Comp. Stat. Ann. 5/11-0.1 (West) |
| Indiana Sec. 2. (a) A person who knowingly or intentionally: (1) performs, or offers or agrees to perform, sexual intercourse or other sexual conduct (as defined in IC 35-31.5-2-221.5); or (2) fondles, or offers or agrees to fondle, the genitals of another person; for money or other property commits prostitution, a Class A misdemeanor – Ind. Code Ann. § 35-45-4-2 (West) “Other sexual conduct” means an act involving:(1) a sex organ of one (1) person and the mouth or anus of another person; or(2) the penetration of the sex organ or anus of a person by an object. – Ind. Code Ann. § 35-31.5-2-221.5 (West) | Iowa 1. a. Except as provided in paragraph “b”, a person who sells or offers for sale the person’s services as a partner in a sex act commits an aggravated misdemeanor. – Iowa Code Ann. § 725.1 (West) |
| Kansas (a) Selling sexual relations is performing for hire, or offering or agreeing to perform for hire where there is an exchange of value, any of the following acts:(1) Sexual intercourse;(2) sodomy; or(3) manual or other bodily contact stimulation of the genitals of any person with the intent to arouse or gratify the sexual desires of the offender or another.(b) Selling sexual relations is a class B nonperson misdemeanor. – Kan. Stat. Ann. § 21-6419 (West) | Louisiana A. It shall be unlawful for any masseur, masseuse, or any other person, while in a massage parlor or any other enterprise used as a massage parlor, by stimulation in an erotic manner, to: (1) Expose, touch, caress, or fondle the genitals, anus, or pubic hairs of any person or the nipples of the female breast; or (2) To perform any acts of sadomasochistic abuse, flagellation, or torture in the context of sexual conduct.– La. Stat. Ann. § 14:83.4 (West) A. Prostitution is: (1) The practice by a person of indiscriminate sexual intercourse with others for compensation. (2) The solicitation by one person of another with the intent to engage in indiscriminate sexual intercourse with the latter for compensation. B. As used in this Section, “sexual intercourse” means anal, oral, or vaginal sexual intercourse. – La. Stat. Ann. § 14:82 (West) |
| Maine 1. “Prostitution” means engaging in, or agreeing to engage in, or offering to engage in a sexual act or sexual contact, as those terms are defined in section 251, in return for a pecuniary benefit to be received by the person engaging in prostitution or a 3rd person; Me. Rev. Stat. tit. 17-A, § 851 (West) C. “Sexual act” means:(1) Any act between 2 persons involving direct physical contact between the genitals of one and the mouth or anus of the other, or direct physical contact between the genitals of one and the genitals of the other; . . . (3) Any act involving direct physical contact between the genitals or anus of one and an instrument or device manipulated by another person when that act is done for the purpose of arousing or gratifying sexual desire or for the purpose of causing bodily injury or offensive physical contact. – A sexual act may be proved without allegation or proof of penetration. D. “Sexual contact” means any touching of the genitals or anus, directly or through clothing, other than as would constitute a sexual act, for the purpose of arousing or gratifying sexual desire or for the purpose of causing bodily injury or offensive physical contact. Me. Rev. Stat. tit. 17-A, § 251 (West) | Maryland (c) “Prostitution” means the performance of a sexual act, sexual contact, or vaginal intercourse for hire. – Md. Code Ann., Crim. Law § 11-301 (West) (d)(1) “Sexual act” means any of the following acts, regardless of whether semen is emitted:(i) analingus;(ii) cunnilingus;(iii) fellatio;(iv) anal intercourse, including penetration, however slight, of the anus; or(v) an act:1. in which an object or part of an individual’s body penetrates, however slightly, into another individual’s genital opening or anus; and2. that can reasonably be construed to be for sexual arousal or gratification, or for the abuse of either party.— Md. Code Ann., Crim. Law § 3-301 (West) (e)(1) “Sexual contact”, as used in §§ 3-307, 3-308, and 3-314 of this subtitle, means an intentional touching of the victim’s or actor’s genital, anal, or other intimate area for sexual arousal or gratification, or for the abuse of either party. – Md. Code Ann., Crim. Law § 3-301 (West) |
| Massachusetts (a) Whoever engages, agrees to engage or offers to engage in sexual conduct with another person in return for a fee, shall be punished by imprisonment in the house of correction for not more than 1 year or by a fine of not more than $500, or by both such imprisonment and fine, whether such sexual conduct occurs or not. – Mass. Gen. Laws Ann. ch. 272, § 53A (West) Sexual Conduct: “apply common understanding reflecting contemporary mores . . . , and . . . draw inferences and conclusions based on common sense and life experience. Com. v. Lavigne (1997) 676 N.E.2d 1170 | Michigan Laws on prostitution are exceedingly complicated. For reliable information, contact a Michigan attorney. |
| Minnesota Subd. 9. Prostitution. “Prostitution” means hiring, offering to hire, or agreeing to hire another individual to engage in sexual penetration or sexual contact, or being hired, offering to be hired, or agreeing to be hired by another individual to engage in sexual penetration or sexual contact.Subd. 10. Sexual contact. “Sexual contact” means any of the following acts, if the acts can reasonably be construed as being for the purpose of satisfying the actor’s sexual impulses:(i) the intentional touching by an individual of a prostitute’s intimate parts; or(ii) the intentional touching by a prostitute of another individual’s intimate parts.Subd. 11. Sexual penetration. “Sexual penetration” means any of the following acts, if for the purpose of satisfying sexual impulses: sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion however slight into the genital or anal openings of an individual’s body by any part of another individual’s body or any object used for the purpose of satisfying sexual impulses. Emission of semen is not necessary. – Minn. Stat. Ann. § 609.321 (West) Subd. 7a. Sex trafficking. “Sex trafficking” means: (1) receiving, recruiting, enticing, harboring, providing, or obtaining by any means an individual to aid in the prostitution of the individual; or (2) receiving profit or anything of value, knowing or having reason to know it is derived from an act described in clause (1). Minn. Stat. Ann. § 609.321 (West) | Mississippi (1) A person who is eighteen (18) years of age or older commits the misdemeanor of prostitution if the person knowingly or intentionally performs, or offers or agrees to perform, sexual intercourse or sexual conduct for money or other property. “Sexual conduct” includes cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object or body part of the genital or anal opening of another. — Miss. Code. Ann. § 97-29-49 (West) |
| Missouri 1. A person commits the offense of prostitution if he or she engages in or offers or agrees to engage in sexual conduct with another person in return for something of value to be received by any person. 2. The offense of prostitution is a class B misdemeanor unless the person knew prior to performing the act of prostitution that he or she was infected with HIV in which case prostitution is a class B felony. The use of condoms is not a defense to this offense. Mo. Ann. Stat. § 567.020 (4) “Sexual conduct”, [is] sexual intercourse, deviate sexual intercourse, or sexual contact; — Mo. Ann. Stat. § 567.010 (West) (1) “Deviate sexual intercourse”, any sexual act involving the genitals of one person and the mouth, hand, tongue, or anus of another person; or any act involving the penetration, however slight, of the penis, the female genitalia, or the anus by a finger, instrument, or object done for the purpose of arousing or gratifying the sexual desire of any person or for the purpose of terrorizing the victim; — Mo. Ann. Stat. § 567.010 (West) | Montana (1) Except as provided in subsection (2)(a), the offense of prostitution is committed if a person engages in or agrees or offers to engage in sexual intercourse or sexual contact that is direct and not through clothing with another person for compensation, whether the compensation is received or to be received or paid or to be paid. (2)(a) A prostitute may be convicted of prostitution only if the prostitute engages in or agrees or offers to engage in sexual intercourse with another person for compensation, whether the compensation is received or to be received or paid or to be paid. A prostitute who is convicted of prostitution may be fined an amount not to exceed $500 or be imprisoned in the county jail for a term not to exceed 6 months, or both. (b) A patron may be convicted of patronizing a prostitute if the patron engages in or agrees or offers to engage in sexual intercourse or sexual contact that is direct and not through clothing with another person for compensation, whether the compensation is received or to be received or paid or to be paid. Except as provided in subsections (3) and (4), a patron who is convicted of prostitution shall for the first offense be fined an amount not to exceed $1,000 or be imprisoned for a term not to exceed 1 year, or both, and for a second or subsequent offense shall be fined an amount not to exceed $10,000 or be imprisoned for a term not to exceed 5 years, or both. Mont. Code Ann. § 45-5-601 (West) |
| Nebraska (1) Except as provided in subsection (5) of this section, any person who performs, offers, or agrees to perform any act of sexual contact or sexual penetration, as those terms are defined in section 28-318, with any person not his or her spouse, in exchange for money or other thing of value, commits prostitution. – Neb. Rev. Stat. Ann. § 28-801 (5) Sexual contact means the intentional touching of the victim’s sexual or intimate parts or the intentional touching of the victim’s clothing covering the immediate area of the victim’s sexual or intimate parts. Sexual contact shall also mean the touching by the victim of the actor’s sexual or intimate parts or the clothing covering the immediate area of the actor’s sexual or intimate parts when such touching is intentionally caused by the actor. Sexual contact shall include only such conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification of either party. – Neb. Rev. Stat. Ann. § 28-318 (2) Intimate parts means the genital area, groin, inner thighs, buttocks, or breasts; — Neb. Rev. Stat. Ann. § 28-318 | Nevada 1. It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution. – Nev. Rev. Stat. Ann. § 201.354 (West) 4. “Prostitute” means a male or female person who for a fee, monetary consideration or other thing of value engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.5. “Prostitution” means engaging in sexual conduct with another person in return for a fee, monetary consideration or other thing of value.6. “Sexual conduct” means any of the acts enumerated in subsection 4. – Nev. Rev. Stat. Ann. § 201.295 (West) |
| New Hampshire I. A person is guilty of a misdemeanor if the person:(a) Solicits, agrees to perform, or engages in sexual contact as defined in RSA 632-A:1, IV or sexual penetration as defined in RSA 632-A:1, V, in return for consideration; or – N.H. Rev. Stat. Ann. § 645:2 IV. “Sexual contact” means the intentional touching whether directly, through clothing, or otherwise, of the victim’s or actor’s sexual or intimate parts, including emissions, tongue, anus, breasts, and buttocks. Sexual contact includes only that aforementioned conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification.V. (a) “Sexual penetration” means:(1) Sexual intercourse; or(2) Cunnilingus; or(3) Fellatio; or(4) Anal intercourse; or(5) Any intrusion, however slight, of any part of the actor’s body, including emissions, or any object manipulated by the actor into genital or anal openings of the victim’s body; or(6) Any intrusion, however slight, of any part of the victim’s body, including emissions, or any object manipulated by the victim into the oral, genital, or anal openings of the actor’s body; or(7) Any act which forces, coerces, or intimidates the victim to perform any sexual penetration as defined in subparagraphs (1)-(6) on the actor, on another person, or on himself.(b) Emissions include semen, urine, and feces. Emission is not required as an element of any form of sexual penetration.(c) “Objects” include animals as defined in RSA 644:8, II. — N.H. Rev. Stat. Ann. § 632-A:1 | New Jersey (1) “Prostitution” is sexual activity with another person in exchange for something of economic value, or the offer or acceptance of an offer to engage in sexual activity in exchange for something of economic value.(2) “Sexual activity” includes, but is not limited to, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations. – N.J. Stat. Ann. § 2C:34-1 (West) |
| New Mexico Prostitution consists of knowingly engaging in or offering to engage in a sexual act for hire. As used in this section “sexual act” means sexual intercourse, cunnilingus, fellatio, masturbation of another, anal intercourse or the causing of penetration to any extent and with any object of the genital or anal opening of another, whether or not there is any emission. – N.M. Stat. Ann. § 30-9-2 (West) | New York 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. – N.Y. Penal Law § 230.00 (McKinney) Sexual Conduct NOT DEFINED by statute; only by case law. “Term “sexual conduct” as used in this section providing that a person is guilty of prostitution when he engages or agrees or offers to engage in sexual conduct with another for a fee includes acts of masturbation, homosexuality, sexual intercourse, or physical contact with the person’s clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, breast.” People v. Block, 1972, 71 Misc.2d 714 “Crime of prostitution does not cover basic sado-masochistic relationship; sado-masochistic acts such as foot licking, spanking, domination and submission do not appear to fit within category of “sexual conduct” referred to in prostitution statute.” – People v. Georgia A. (N.Y.Crim.Ct. 1994) 163 Misc.2d 634 [621 N.Y.S.2d 779] |
| North Carolina (5) Prostitution.–The performance of, offer of, or agreement to perform vaginal intercourse, any sexual act as defined in G.S. 14-27.20, or any sexual contact as defined in G.S. 14-27.20, for the purpose of sexual arousal or gratification for any money or other consideration. – N.C. Gen. Stat. Ann. § 14-203 (West) (4) “Sexual act” means cunnilingus, fellatio, analingus, or anal intercourse, but does not include vaginal intercourse. Sexual act also means the penetration, however slight, by any object into the genital or anal opening of another person’s body: provided, that it shall be an affirmative defense that the penetration was for accepted medical purposes.(5) “Sexual contact” means (i) touching the sexual organ, anus, breast, groin, or buttocks of any person, (ii) a person touching another person with their own sexual organ, anus, breast, groin, or buttocks, or (iii) a person ejaculating, emitting, or placing semen, urine, or feces upon any part of another person.(6) “Touching” as used in subdivision (5) of this section, means physical contact with another person, whether accomplished directly, through the clothing of the person committing the offense, or through the clothing of the victim. – N.C. Gen. Stat. Ann. § 14-27.20 (West) | North Dakota 3. A “prostitute” is a person who engages in sexual activity for hire.4. A “prostitution business” is any business which derives funds from prostitution regularly carried on by a person under the control, management, or supervision of another.5. “Sexual activity” means sexual act or sexual contact as those terms are defined in section 12.1-20-02. – N.D. Cent. Code Ann. § 12.1-29-05 (West) 4. “Sexual act” means sexual contact between human beings consisting of contact between the penis and the vulva, the penis and the anus, the mouth and the penis, the mouth and the vulva, or any other portion of the human body and the penis, anus, or vulva; or the use of an object which comes in contact with the victim’s anus, vulva, or penis. For the purposes of this subsection, sexual contact between the penis and the vulva, the penis and the anus, any other portion of the human body and the anus or vulva, or an object and the anus, vulva, or penis of the victim, occurs upon penetration, however slight. Emission is not required. 5. “Sexual contact” means any touching, whether or not through the clothing or other covering, of the sexual or other intimate parts of the person, or the penile ejaculation or ejaculate or emission of urine or feces upon any part of the person, for the purpose of arousing or satisfying sexual or aggressive desires. – N.D. Cent. Code Ann. § 12.1-20-02 (West) |
| Ohio (A) No person shall engage in sexual activity for hire. (B) No person, with knowledge that the person has tested positive as a carrier of a virus that causes acquired immunodeficiency syndrome, shall engage in sexual activity for hire. (C)(1) Whoever violates division (A) of this section is guilty of prostitution, a misdemeanor of the third degree. (2) Whoever violates division (B) of this section is guilty of engaging in prostitution after a positive HIV test . . . a felony – Ohio Rev. Code Ann. § 2907.25 (West) | Oklahoma 1. “Prostitution” means: a. the giving or receiving of the body for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value, orb. the making of any appointment or engagement for sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse or lewdness with any person not his or her spouse, in exchange for money or any other thing of value; 2. “Child prostitution” means prostitution or lewdness as defined in this section with a person under eighteen (18) years of age, in exchange for money or any other thing of value; 3. “Anal intercourse” means contact between human beings of the genital organs of one and the anus of another; 4. “Cunnilingus” means any act of oral stimulation of the vulva or clitoris; 5. “Fellatio” means any act of oral stimulation of the penis;6. “Lewdness” means: a. any lascivious, lustful or licentious conduct, b. the giving or receiving of the body for indiscriminate sexual intercourse, fellatio, cunnilingus, masturbation, anal intercourse, or lascivious, lustful or licentious conduct with any person not his or her spouse, orc. any act in furtherance of such conduct or any appointment or engagement for prostitution; and 7. “Masturbation” means stimulation of the genital organs by manual or other bodily contact exclusive of sexual intercourse. – Okla. Stat. Ann. tit. 21, § 1030 (West) |
| Oregon (1) A person commits the crime of prostitution if the person engages in, or offers or agrees to engage in, sexual conduct or sexual contact in return for a fee. – Or. Rev. Stat. Ann. § 167.007 (West) (1) It is unlawful for any person to knowingly engage in sadomasochistic abuse or sexual conduct in a live public show. (2) Violation of subsection (1) of this section is a Class A misdemeanor.(3) It is unlawful for any person to knowingly direct, manage, finance or present a live public show in which the participants engage in sadomasochistic abuse or sexual conduct.(4) Violation of subsection (3) of this section is a Class C felony.(5) As used in ORS 167.002, 167.007 and this section unless the context requires otherwise:(a) “Live public show” means a public show in which human beings, animals, or both appear bodily before spectators or customers.(b) “Public show” means any entertainment or exhibition advertised or in some other fashion held out to be accessible to the public or member of a club, whether or not an admission or other charge is levied or collected and whether or not minors are admitted or excluded. – Or. Rev. Stat. Ann. § 167.062 (West) | Pennsylvania (a) Prostitution.–A person is guilty of prostitution if he or she:(1) is an inmate of a house of prostitution or otherwise engages in sexual activity as a business; or(2) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity. – 18 Pa. Stat. and Cons. Stat. Ann. § 5902 (West) “Sexual activity.” Includes homosexual and other deviate sexual relations. – 18 Pa. Stat. and Cons. Stat. Ann. § 5902 (West) CAUTION: STRONG OBSCENITY LAWS! |
| Rhode Island (a) 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. – 11 R.I. Gen. Laws Ann. § 11-34.1-2 (West) (1) “Sexual conduct” means sexual intercourse, cunnilingus, fellatio, anal intercourse, and digital intrusion or intrusion by any object into the genital opening or anal opening of another person’s body, or the stimulation by hand of another’s genitals for the purposes of arousing or gratifying the sexual desire of either person. – 11 R.I. Gen. Laws Ann. § 11-34.1-1 (West) | South Carolina It shall be unlawful to:(1) Engage in prostitution; — S.C. Code Ann. § 16-15-90 |
| South Dakota Any person who engages in or offers to engage in sexual activity for a fee is guilty of prostitution. Prostitution is a Class 1 misdemeanor. – S.D. Codified Laws § 22-23-1 As used in this chapter the term, sexual activity, references both sexual penetration, as defined in § 22-22-2, and sexual contact, as defined in § 22-22-7.1. – S.D. Codified Laws § 22-23-1.1 Sexual penetration means an act, however slight, of sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the body or of any object into the genital or anal openings of another person’s body. All of the foregoing acts of sexual penetration, except sexual intercourse, are also defined as sodomy. – S.D. Codified Laws § 22-22-2 Sexual contact, means any touching, not amounting to rape, whether or not through clothing or other covering, of the breasts of a female or the genitalia or anus of any person with the intent to arouse or gratify the sexual desire of either party. – S.D. Codified Laws § 22-22-7.1 | Tennessee (6) “Prostitution” means engaging in, or offering to engage in, sexual activity as a business or being an inmate in a house of prostitution or loitering in a public place for the purpose of being hired to engage in sexual activity; and(7) “Sexual activity” means any sexual relations including homosexual sexual relations. – Tenn. Code Ann. § 39-13-512 (West) |
| Texas (a) A person commits an offense if, in return for receipt of a fee, the person knowingly:(1) offers to engage, agrees to engage, or engages in sexual conduct; or(2) solicits another in a public place to engage with the actor in sexual conduct for hire.(b) A person commits an offense if, based on the payment of a fee by the actor or another person on behalf of the actor, the person knowingly:(1) offers to engage, agrees to engage, or engages in sexual conduct; or(2) solicits another in a public place to engage with the actor in sexual conduct for hire. TX PENAL § 43.02 (West) (1) “Deviate sexual intercourse” means any contact between the genitals of one person and the mouth or anus of another person. (2) “Prostitution” means the offense defined in Section 43.02. (3) “Sexual contact” means any touching of the anus, breast, or any part of the genitals of another person with intent to arouse or gratify the sexual desire of any person. (4) “Sexual conduct” includes deviate sexual intercourse, sexual contact, and sexual intercourse. TX PENAL § 43.01 (West) | Utah (1) An individual is guilty of prostitution when the individual:(a) engages in any sexual activity with another individual for a fee, or the functional equivalent of a fee;(b) is an inmate of a house of prostitution; or(c) loiters in or within view of any public place for the purpose of being hired to engage in sexual activity. – Utah Code Ann. § 76-10-1302 (West) (5) “Sexual activity” means acts of masturbation, sexual intercourse, or any sexual act involving the genitals of one person and the mouth or anus of another person, regardless of the sex of either participant. – Utah Code Ann. § 76-10-1301 (West) |
| Vermont (1) The term “prostitution” shall be construed to include the offering or receiving of the body for sexual intercourse for hire and shall also be construed to include the offering or receiving of the body for indiscriminate sexual intercourse without hire.(2) The term “lewdness” shall be construed to mean open and gross lewdness.(3) The term “assignation” shall be construed to include the making of an appointment or engagement for prostitution or lewdness as defined in this section. – Vt. Stat. Ann. tit. 13, § 2631 (West) | Virginia A. Any person who, for money or its equivalent, (i) commits adultery, fornication, or any act in violation of § 18.2-361,** performs cunnilingus, fellatio, or anilingus upon or by another person, or engages in anal intercourse or (ii) offers to commit adultery, fornication, or any act in violation of § 18.2-361, perform cunnilingus, fellatio, or anilingus upon or by another person, or engage in anal intercourse and thereafter does any substantial act in furtherance thereof is guilty of prostitution – Va. Code Ann. § 18.2-346 (West) **(18.2-361 refers to bestiality and incest only) |
| Washington (1) A person is guilty of prostitution if such person engages or agrees or offers to engage in sexual conduct with another person in return for a fee.(2) For purposes of this section, “sexual conduct” means “sexual intercourse” or “sexual contact,” both as defined in chapter 9A.44 RCW. – Wash. Rev. Code Ann. § 9A.88.030 (2) “Sexual contact” means any touching of the sexual or other intimate parts of a person done for the purpose of gratifying sexual desire of either party or a third party. – Wash. Rev. Code Ann. § 9A.44.010 | West Virginia Statute is antiquated and hopelessly vague. For any semblance of reliable information, contact a W. Virginia attorney |
| Wisconsin (1m) Any person who intentionally does any of the following is guilty of a Class A misdemeanor:(a) Has or offers to have or requests to have nonmarital sexual intercourse for anything of value.(b) Commits or offers to commit or requests to commit an act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another for anything of value.(c) Is an inmate of a place of prostitution.(d) Masturbates a person or offers to masturbate a person or requests to be masturbated by a person for anything of value.(e) Commits or offers to commit or requests to commit an act of sexual contact for anything of value. – Wis. Stat. Ann. § 944.30 (West) | Wyoming Except as provided in W.S. 6-2-701 through 6-2-710, a person who knowingly or intentionally performs or permits, or offers or agrees to perform or permit an act of sexual intrusion, as defined by W.S. 6-2-301(a)(vii), for money or other property commits prostitution which is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. – Wyo. Stat. Ann. § 6-4-101 (West) (vii) “Sexual intrusion” means:(A) Any intrusion, however slight, by any object or any part of a person’s body, except the mouth, tongue or penis, into the genital or anal opening of another person’s body if that sexual intrusion can reasonably be construed as being for the purposes of sexual arousal, gratification or abuse; or(B) Sexual intercourse, cunnilingus, fellatio, analingus or anal intercourse with or without emission. – Wyo. Stat. Ann. § 6-2-301 (West) (DOES NOT INCLUDE “SEXUAL CONTACTS” OTHER THAN INTERCOURSE OR INTRUSION) |