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Is a session with a dominatrix legal in California?
Anonymous5 views5 answers
Let's say (hypothetically) I visit a dominatrix in her home, and pay her $200 in exchange for being whipped, spat upon, and verbally humiliated. These activities are mutually agreed upon beforehand, and no sex (oral, intercourse) occurs. Do I run a risk of being busted for engaging in prostitution? Is this legal?
My initial response is that as long as there is no sex, it is probably legal. But, to be sure, you need to ask a criminal defense attorney, so I am going to change the category to make sure the right attorneys see your post.
Wayland Christopher ChangCriminal Defense AttorneySan Diego, CACA licensed ·
In California, prostitution is exchanging something (not just money) for a lewd act. A lewd act means touching the genitals, buttocks, or female breast of either the prostitute or customer with some part of the other person's body for the purpose of sexual arousal or gratification. So it depends on what is being asked for and who is touching what. There are some dominatrixes who don't touch any of the forbidden parts, so it's not prostitution. However, that's not the end of the analysis. The real danger is solicitation of prostitution. Lots of people have been arrested for making a phone call, using some coded language, and then showing up at a hotel room or home with an undercover cop waiting to make an arrest. So yes, you run a risk even if what you intended was perfectly legal.
Great question. Totally legal contract for services rendered.
Whipping, while almost certainly illegal for her to do to you, cannot get you busted.
Same deal for the spitting.
The verbal humiliation is completely legal.
Stick to your listed preferences and you'll at least be defensible upon arrest for prostitution-type offenses.
To be totally safe, make sure there is no evidence of potential sex contracting by never putting anything in writing (text/email/etc.) and understanding that you should never make any statement re: this activity to anyone. She needs the same level of understanding.
To be clear, this is obviously sexual service for money, so you do run the risk of "getting busted"
In the final analysis, I believe you "run the risk" of being arrested or at least cited for soliciting prostitution. You do run that risk. No question.
The conduct as described is not illegal. However, as others have pointed out, you do "run a risk of being busted" regardless of the actual intent of you or the dominatrix or the words exchanged regarding what the interaction would entail; "whipped, spat up
