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Roger
Roger, Attorney
Category: Business Law
Satisfied Customers: 26689
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Laws of Oregon in regards XXXXX XXXXX laws. Practicing with

Resolved Question:

Laws of Oregon in regards XXXXX XXXXX laws. Practicing with or without a license. The laws of the state in Erotic massage..what can they do?
Submitted: 5 years ago.
Category: Business Law
Expert:  Roger replied 5 years ago.

You must have a license and the massage cannot be erotic in nature - it has to be done in accordance with professional standards of the Oregon Board of Massage Therapists.

 

The massage laws for Oregon can be found here:

 

http://www.leg.state.or.us/ors/687.html

 

Also, the Oregon's Board of Massage Therapists has administrative laws that must be followed:

 

http://arcweb.sos.state.or.us/rules/OARs_300/OAR_334/334_tofc.html

 

There are also policies that must be followed:

 

http://www.oregon.gov/OBMT/policystmts.shtml

Customer: replied 5 years ago.

I question..even with the laws...Can the massage board come after me for penalties for not having a license..Can I get arrested by law enforcement?

 

If licensed the massage board will take away license or and attach penalties..

But if not licensed?

 

Violla

Expert:  Roger replied 5 years ago.

If you're practicing without a license, there are civil and criminal penalties:

 

687.895 Procedure for civil penalties. Any civil penalty under ORS 687.011 to 687.250, 687.895 and 687.991 shall be imposed as provided in ORS 183.745.

 

687.991 Criminal penalties. (1) Violation of ORS 687.021 or of any rule adopted under ORS 687.121 is a Class A misdemeanor.

(2) Violation of ORS 687.410 is a Class A misdemeanor. [1955 c.492 §14; 1977 c.507 §15; 2003 c.547 §27]

Customer: replied 5 years ago.

Kirk

So who would enforce this penalty? And a Class A isn't that like a parking ticket?

What does class A mean is that the most severe in misdemeanor?

 

Expert:  Roger replied 5 years ago.

The civil penalty would be enforced by the state board of massage therapists.

 

The criminal penalty would be enforced by law enforcement (sheriff/police). A Class A misdemeanor is punishable as follows:

 

ORS 161.615: Sentences for misdemeanors shall be for a definite term.

The court shall fix the term of imprisonment within the following
maximum limitations:

For a Class A misdemeanor, 1 year.

 

 

Customer: replied 5 years ago.

So what is the penalty for being an escort?

Massage board can't regulate that right? unless they call touching massage?

or body rub...

Expert:  Roger replied 5 years ago.
It is not illegal to be an escort, but prostitution is.
Customer: replied 5 years ago.

So then,,,thats how prostitutes get past legal stuff...

So anotherwords.....so donations for escort services are legal too..

So advertising as an escort is legal?

Expert:  Roger replied 5 years ago.

 

Escort services are not illegal - you can google escort services in Eugene, Oregon and find several. An escort service provides companionship for another person.

 

Prostitution (money for sex) is illegal.

Customer: replied 5 years ago.

escorts provide sex....but does their disclaimer protect them in advertising?

**DISCLAIMER**
Money exchanged is intended for my time, companionship, and modeling services only! Anything else that may or may not occur is a matter of personal choice between two consenting adults of legal age and is not contracted for, nor is it requested to be contracted for, in any matter. This is NOT an offer of prostitution! Calling me constitutes acceptance of these terms
So A person advertising body rub......would that be concidered massage..

Does the massage board really have time to go after those not within thierr realm?

 

Expert:  Roger replied 5 years ago.

IF escorts provide sex, they're prostitutes and if caught, will be prosecuted.

 

Whether a body rub is a massage is way too subjective for me to say. However, you're right that the chances of getting cited aren't great. The folks that will turn you in and ask for your head will be your competition! If you start taking business away from them, you'll be reported.

Customer: replied 5 years ago.

My opinion is the massage board is looking for the things wrong that a licensed therapist might be doing.....easy to assess penalties from them...It would take getting the state involved with others..

I think you've answered several questions....

 

who needs the board?

Expert:  Roger replied 5 years ago.
As I said, the board is not going to come looking for you until you cut into someone's business, and they get mad - the nex thing you'll know, inspectors will be showing up at your business.
Customer: replied 5 years ago.

Yes, they already have..

I wasn't sure what my legal rights we're..?

They have someone that watches Craigs list regularly...

its good for adveritsing or selling but watched by athorities..

when they came to my home they said they were looking for services providing full service (sex)

Expert:  Roger replied 5 years ago.
Ok.
Customer: replied 5 years ago.

I didn't request a hearing. So I let them revoke and assess a fine.

Maybe , that was the wrong thing to do. All, that was wrong was having my shirt off. But, the invegtigator booked an erotic massage with me, asked a lot of questions and flipped out when he noticed my shirt was off.

Expert:  Roger replied 5 years ago.

Sorry for you're bad luck! Hopefully, things will work out.

Roger, Attorney
Category: Business Law
Satisfied Customers: 26689
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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