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We are all familiar with the old catch phrase, “what so and so doesn't know, won't hurt him.” Usually this is in response or defense of someone finding out about something of a personal nature and usually in regard to relationships or finances. As I began preparing to write my column for HOOKm again I decided the best introduction would be to begin my new column with the basics of sexwork. One of the most basic needs of a masseur, escort, houseboy, or kept boy would be information.

I decided—because of my own lack of knowledge and interest on the subject—I would do some research on legal issue regarding the male sexworker industry in the United States. I was amazed at the lack of information I found as I searched website after website. I was also amazed at the broad uses of legal terms and their coverage and enforceability especially when it comes to gay men. Unfortunately, I was unsuccessful in collecting data that would be useful to a large number of male sexworkers, so as you read please note that most of the information I have found varies from state to state. Sometimes the laws vary county by county. I will provide links to what I found out be interesting reading material, but in no way endorse any of what you may read as factual, current, nor should the information be treated as the stone cold truth. I encourage you to do your own research and find out what your local government and laws are regarding the type of services you provide as a male sexworker. I encourage you to do this research not only because I think you will be astonished by what you find, but also because the legal system is not blind to ignorance. That said: what you don’t know CAN hurt you.

When I began my initial research, I was using terms like “prostitution,” and “escorts.” What google returned was a ton of articles related to HIV and sexwork and Ford Escort automobile information. I narrowed by search by including the words "laws pertaining to," which proved more along the lines of what I was looking for, but again the information varied so much from state to state that most of what I will be discussing are the Georgia laws, since that is where I am located. The following link: http://www.geocities.com/capitolhill/2269/ was a good starting point.

One of the first pieces of information I came across was the definition of the crime of prostitution. In GA, a person commits the offense of prostitution when he performs or offers or consents to perform an act of sexual intercourse for money. A person convicted of the offense of prostitution shall be punished for a misdemeanor. Okay, so what is the penalty for the crime? Without legal counsel, it was difficult to decipher all of the lingo but basically you could pay a fine up to $1,000, or receive a jail term or spend time in another correctional facility for a term not to exceed 12 months. The sentence could also be subject to suspension or probation. There were other details about the criminal's age at the time of the crime, etc., which is again why I strongly urge you to check your local government and laws pertaining to this issue. If at any time you have unanswered questions or do not understand the law, you may wish to seek legal counsel. You might have to pay for this counsel, but in the end, the cost you pay to make yourself knowledgeable is far less than what you will pay both emotionally and financially if you are ever found guilty of a sex offense. Yes, I said, “sex offense.” In Georgia, the crime of prostitution is considered a sexual offense even if the sex is consensual.

Okay, so we know what the law says about prostitution. Some escorts I know will see their clients in their personal residences. Of course you know the law has something to say about that as well. In Georgia, a person commits the crime of keeping a place of prostitution when they have or exercise control over the use of any place or conveyance which would offer seclusion or shelter for the practice of prostitution, and thus commits the offense of keeping a place of prostitution when he knowingly grants or permits the use of such place for the purpose of prostitution. A person convicted of the offense of keeping a place of prostitution is punishable as for a misdemeanor of a high and aggravated nature. The penalty? A fine not to exceed $5,000 and a possible jail term or other correctional facility stay not to exceed twelve months.

Now up until this point in my own sexwork experience, I have been lazy in arming myself with information regarding the law. Most of what I know has come second hand and is proving to be anecdotal at best. For instance, in Georgia there are a number of escorts who feel that by providing a service such as massage they are safe guarding themselves from breaking the law. After all the client is paying for the massage, not sex, right? Well, in Georgia there is a law addressing that as well. It is called masturbation for hire and is defined as follows: 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. A person convicted of the offense of masturbation for hire shall be guilty of a misdemeanor. The penalty? The penalty is the same as listed above for prostitution.

While these laws directly affect sexworkers in Georgia, there are others that indirectly affect as well. Including public indecency, pimping, pandering, solicitation of sodomy, and distributing obscene materials. Most of these offenses are considered misdemeanors and are generally punishable by a fine not to exceed $1,000 and/or imprisonment not to exceed twelve months. To some of you, this may seems bearable or you may write this off as a risk of doing business. I would encourage you, as I did, to consider the combination and enforcement of any or all of these laws depending on your specific services. It seems as though there were a law pertaining to every possible aspect of sexwork in Georgia as well as many other states, and that is not including sodomy laws.

So what are sodomy laws and how do they affect you as a male sexworker? My research led me to the Lambda Legal website—www.lambdalegal.org. I was amazed to find out that in addition to state laws pertaining to sexwork, sodomy laws not only affect sexworkers but the GLBT community in general. For a comprehensive facts sheet visit http://www..lambdalegal.org/cgi-bin/iowa/documents/record?record=1231.

As you already know there are a lot of issues to deal with working in the sex industry today. For most I think the most common worry is STDs and HIV, but for far more, I believe the allure of money for sex overshadows the potential legal and health concerns in today's market. While the purpose of this article is not to scare you, I do encourage you again to take the time to inform yourself about what the law really says regarding your profession. Even if you have only chosen sexwork part-time or seasonally, take the time to find out what the laws says. After all, what you don’t know can hurt you.