Legal Question in Criminal Law in California

BDSM illegal?

I want to know if it is legal to pay for a domination like experience. Where there is no actual sex or penetration to the woman. But the man may experience something like a strap on or so forth. Thanks


Asked on 6/09/07, 12:08 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: BDSM illegal?

Calling an act BDSM does not determine whether it is legal or not. Under California law, paying for a lewd act in order to sexually gratify one or more of the participants is prostitution, regardless of whether actual intercourse is involved.

What matters, then, is whether the particular acts you have in mind qualify as "lewd". Based upon what little you have said, they probably do. If I'm right, then paying for them is illegal.

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Answered on 6/09/07, 4:21 pm
Eric Sterkenburg Law Office of Eric Sterkenburg

Re: BDSM illegal?

Prostitution is defined in P.C. 647(b) as "any lewd act between persons for money or other consideration. The lsw would consider penatration of your anal cavity by a strap on as a lew act. However, being tied up and spanked or whiped may not be.

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Answered on 6/12/07, 12:10 pm


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