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?
4 Answers from Attorneys
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.
As Snoopy used to say "Blechhhh!"
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.
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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