Legal Question in Criminal Law in California

Can someone be arrested for prostitution for charging for physical services other than actual sexual intercourse? For example, could a person be arrested for prostitution for charging money to massage and lick another person's feet?


Asked on 6/09/10, 12:12 pm

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Yes. The law basically defines prostitution as the exchange of money or something else of value for a lewd act. Lewd acts are not limited to intercourse. That term encompasses just about any act taken in order to sexually gratify at least one of the participants.

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Answered on 6/09/10, 3:39 pm
Anthony Roach Law Office of Anthony A. Roach

As Snoopy used to say "Blechhhh!"

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Answered on 6/09/10, 6:31 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Whether a toe-job constitutes "lewd conduct" would be up to the jury to decide, and it could well go your way. The Achilles' heel of your case, however, would be that your chosen line of work is outside the experience of most jurors. You could hire a sole practitioner. But you would get clipped for substantial attorney fees.

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Answered on 6/09/10, 7:45 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I think Mr. Stone has nailed it, even though he and I looked at the question from different ankles. (Sorry. I share his arch sense of humor.)

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Answered on 6/09/10, 7:54 pm


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