Legal Information for Bodyworkers and Escorts

By CASH, Vol. 2 No. 3, July 1995

According to an article appearing in the June 18 issue of LGNY (Lesbian and Gay New York), a New York City-based bimonthly newspaper, male sex workers have been the targets of a Police Department crackdown since late 1994. The NYPD reports having arrested between twenty-five and fifty males on prostitution charges since December ’94, including hustlers selling sex to women as well as “johns.” The article also reports that a few of the hustlers arrested have reported police harassment, including being questioned about their HIV status.

In response, the New York Gay and lesbian Anti-Violence Project is protesting what it describes as the NYPD’s willingness to arrest members of the gay community while too rarely coming to the community’s aid. Among the activities in this area, the Anti-Violence Project has developed the following “fact sheet” on local laws and regulations regarding bodywork and escort services. Although created fro New York City, it serves as a useful model for others wishing to create user-friendly informational materials on legal issues for persons involved in the sex industry.

Definitions

Status, e.g., being a “prostitute,” is not a crime. To be arrested, you must either commit an unlawful act or have intended to commit an unlawful act.

“Sexual contact”: Any touching, whether directly or through clothes, of the sexual or intimate parts of a person for the purpose of gratifying the sexual desire of either party.
Definition only – Penal Law Section 130.00

“Prostitution”: When a person engages or agrees or offers to engage in sexual conduct with another person in return for a fee. Definition is gender neutral. Class B Misdemeanor – Penal Law Section 230

“Resisting arrest”: When a person intentionally prevents or attempts to prevent a police officer from affecting an authorized arrest. Includes refusing to give proof of identity.
Class A Misdemeanor – Penal Law Section 205.50

“Entrapment”: Defendant induced to cooperate with a public official seeking to obtain evidence for a criminal prosecution, where the method used created a substantial risk that the offense would be committed by a person not otherwise disposed to commit it.
Legal Defense – Penal Law Section 40.05

“Massage”: Engaging in applying a scientific system of activity to the muscular structure of the human body by means of stroking, kneading, tapping and vibrating with the hands or vibrators for the purpose of improving muscle tone and circulation. Title VIII of the Education Law – Article 15. Licensing issues for people who advertise as providing massage, etc: You must be licensed to practice “massage” in order to call oneself a “Masseur” or “Masseuse.”

Categories of Offenses

Violations: Maximum sentence of not more than 15 days. (Note: most violations defined in the Penal Code do not provide for imprisonment and none can be imposed [PL Section 70.15 (4)]).

Misdemeanors: Class B – Maximum sentence of not more than 3 months. Class A – Maximum sentence of not more than a year. [PL Section 10.00]

If Arrested...

Don’t resist.

Ask to call a lawyer.

Find out if you are being booked at a Precinct or at Central Booking.

You will be fingerprinted and photographed and help pending arraignment (this may take one to three days).

While being detained, you may be visited by your lawyer and, if you request, a member of the clergy.

Don’t talk to anyone about the charges. Don’t talk about the charges to the police, cellmates, or anyone from the DA’s office.

At Arraignment…

Unless an acceptable plea is offered prior to the arraignment, plead not guilty.
Make a request for low or no bail.

After Arraignment…

Hire a criminal defense lawyer.

Prepare a defense or plea.

If you were subject to any abuse by the cops or corrections officers, contact the New York City Gay and Lesbian Anti-Violence Project or Urban Justice Center.

Possible Resolution of Case

Charges dismissed or dropped – the best resolution.

Trial – Misdemeanor cases rarely ever go to trial. The DA’s office is too swamped to waste resources on a trial for a Class B Misdemeanor charge. This increases the likelihood of a plea offer.

ACD (Adjournment in Contemplation of Dismissal) – Not an admission of guilt. Charges may be reinstated if the person is arrested within 6 month. Original charge is rarely reinstated even with a subsequent arrest. Usually only offered if defendant has no prior arrests. [Criminal Procedure Law Section 170.55]

Plea Agreement – defendant agrees to plead guilty to a lesser offense. The judge will ask several questions, including: “Do you understand that you are giving up your right to a trial?” and “Did anyone force you to make this agreement?”

Mandatory fee if defendant pleads guilty or is found guilty: Felony: $150 plus $5 crime victim assistance fee. Misdemeanor: $85 plus $5 crime victims assistance fee. Violation: $40 plus $5 crime victim assistance fee. Note: Fees may be waived if defendant is indigent. [Penal Law Section 60.35]

Specific rights to be aware of:

a. “Miranda Warnings”: One you are taken into custody or in any way detained, the cops must give you the “Miranda” warnings (“You have the right to remain silent…”). Even you haven’t been “Mirandized,” you do not have to talk to the cops.

b. Right to a translator: If you have difficulty understanding the proceedings in English, you have the right to a translator.

c. Right to counsel: If you are charged with a misdemeanor or felony, you have the right to legal representation. If you do not secure a lawyer prior to arraignment, a legal aid attorney or other court-appointed attorney will handle the arraignment. If you are indigent, you may request that the court assign a lawyer to you. The court will ask you to show that you are indigent.

Guidelines

According to New York Police Department regulations, an undercover cop may not take off his clothes or engage in sexual contact.

To be a legitimate bust for prostitution there must be:

a. An agreement

b. To engage in a sexual act …

c. For a fee.

Have the name and number of a lawyer with you at all times or the number of a friend who will take responsibility for contacting a lawyer if you need one.

Have quarters on hand to make telephone calls.

Don’t talk to the police without a lawyer present.

If a caller seems suspicious, trust your instincts.

Don’t keep controlled substances or unlicensed weapons in plain view in your apartment if that is where you work.

Terms used by body workers:

“Full body massage - head to toe” is legitimate.

“Sensual massage” – a grayer area.

“Release,” “Full Release,” “Massage to Release” – not acceptable

“Full Service” – not acceptable.

Now disbanded, CASH (Coalition Advocating Safer Hustling) was a revolutionary group attempting to gather outreach workers from around North America to discuss sexwork seriously.