Legal Question in Criminal Law in New York

Re: nude massage

From the case People v. Carrabotta 2003 NYSlipOp 23901:

"As charged here, Education Law � 6512 (1) prohibits, by its express language, anyone from "practic[ing] or offer[ing] to practice or hold[ing] himself out as being able to practice" an unlicensed profession, including massage therapy (Education Law � 7802).In another subsection of Education Law � 6512 (1) which is not charged here, the prohibitory language of the statute also actually includes the word "attempt": "Anyone not authorized to practice under this title who . . . attempts fraudulently to sell, file, furnish or obtain any diploma, license, record or permit purporting to authorize the practice of a profession, shall be guilty of a class E felony" (emphasis added). Likewise, Education Law � 6512 (1) prohibits an unauthorized person from "aid[ing] or abet[ting] an unlicensed person to practice a profession." As the court stated in Lupinos, the "extraordinarily expansive definition" of the foregoing statute "manifests a legislative intent to proscribe all aspects of the unlicenced practice of any regulated profession including an attempt to practice." (People v Lupinos, supra, 176 Misc 2d at 854-855.)"

It appears massage as described above unless performed by a licensed massage therapist is illegal.

There are some criminal statutes to look at as well.

Either way, it doesn't look good for the provider.