You work at a "massage parlor" giving massages to clients. Sometimes you go a little further and offer more services than a massage and other times you merely give a massage. On a particular day an undercover police officer obtains your services where you only gave a massage and nothing more. Can you be arrested and prosecuted for only giving a massage?
The unfortunate answer to the above question is clear. Pursuant to Education Law §§ 6512(1) and (2), it is an "E" felony, punishable by up to four years in state prison for (1) an unlicensed person to practice or offer to practice any profession in which a license is required. In the alternative, it is also and "E" felony to knowingly aid or abet three or more unlicensed persons to practice without a license.
Because you need a license to give massages, merely an offer to give a massage or holding yourself out as an individual who can give massages is punishable as an "E" felony if you do not have a license. While this offense is not considered Prostitution, the ramifications may be worse. The reality is that law enforcement often pursues this charge as means to prosecute those people they believe are involved in Prostitution, but are unable to charge them with the crime of Prostitution.
In the event that you are in the business that requires a license and you fail to have one, you should consult with a criminal defense attorney before continuing your practice. While you may have a legitimate and legal practice, it is important to be aware that law enforcement is not naive or ignorant to the fact that women and men involved in escort agencies or who work in prostitution often attempt to advertise massage services. Unfortunately, this, in itself, may be a potential crime as well.
Founded by criminal defense attorney Jeremy Saland, a former prosecutor who served for seven years in the Manhattan District Attorney's Office, we are ready to zealously protect your rights, liberty and good name in the event you are charged with any crime relating to Prostitution, Unlicensed Massage or Escort Services.