How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23534
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
18321761
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

I just had a ticket that say massage genital. Can you tell

Customer Question

Hi, my name is***** just had a ticket that say massage genital. Can you tell me what I'm gonna do? I'm freaking right now. They said this is just like a traffic ticket. Is it right? Do I have to go to the court? And how much for the fine? Please help me?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello and happy Thanksgiving Day.

There are massage regulations which prohibit what you did, but there are also penal laws. I'm not sure whether you were charged with the crime or as a violation of the massage laws. The former would be a prostitution offense since it would involve exchanging money for sexual services. Such a charge would be a misdemeanor and you'd be required to appear in court. The latter would be a violation of your massage license.

Can you look at the ticket and reply with the ode section was cited so that I can see for sure what you're up against here? Was it 647(b) for example? Is there a fine specified on the ticket?

Customer: replied 1 year ago.
I didn't exchange money for sexual service but I did touch his genital part. The ticket say "massage genital" and I don't have the ticket with me right now so I can't check the code. Have you ever seen anyone in this situation before?
Expert:  Zoey_ JD replied 1 year ago.

Thanks for the reply. You need to get back to me when you see the ticket. If you touched his genitals then you can be charged under the prostitution section of the penal code, because this conduct is not allowed under the terms of a California massage license and is grounds for revocation of such a license. It is considered a sexual service, which means it runs afoul of California's prostitution laws. And yes, I have seen and heard of such charges before.

If you have been charged with a penal law section and you've never been in trouble with the law before, you need to come to court with a lawyer who can possibly get the case reduced to an infraction that would keep you from having a low-level sex offense on your record. Jail, though allowed under the law for an offense like this, is not your real problem. It's highly unlikely you'd ever be incarcerated for a first offense such as this. The worst penalty you'd be up against would probably be a fine. However, keeping this off of your criminal record should be a priority.

Customer: replied 1 year ago.
I have my ticket now. What do you need on the ticket?
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Sorry for the delay. I was away from the computer with my family for Thanksgiving.

I need what I asked for in my first response -- the code section from the ticket.

Customer: replied 1 year ago.
The code is 5.58160(A)LBMC
Expert:  Zoey_ JD replied 1 year ago.

Thanks for the reply.

This is a violation of the Long Beach Municipal Code. Section 5.58 contains local ordinances relating to Massage. Subsection 160 is headed Unlawful Conduct, and that's what you are charged with. The statute itself reads:

5.58.160 - Unlawful conduct.

A. It shall be unlawful for any massage technician to massage the genital area of any patron or the breasts of any female patron or for any responsible managing officer in charge of the premises of a massage establishment to allow or permit such massage.

The good news is that this is charged as a violation of the local municipal regulations relating to massage and not under the penal code as a sex offense. The bad news is that the offense is a misdemeanor. Here is the penalty for a violation of the massage regulations:

5.58.200 - Violation and penalty.

Violation of any provision of this Chapter is a misdemeanor and is punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment for not more than six (6) months or by both such fine and imprisonment. Revocation of a license or permit or certificate shall not be a defense against prosecution.

They could also revoke your license.

5.58.170 - Revocation—Massage establishment or technician permit.

A. Whenever any person fails to comply with any provision of this Chapter pertaining to a permit issuance, or any rule or regulation adopted pursuant hereto, or with any other provision or requirement of law, including, but not limited to, this Municipal Code and any grounds that would warrant the denial of initial issuance of a permit hereunder, the Chief of Police or authorized representative, after giving such person ten (10) days' notice in writing specifying the time and place of hearing and requiring him to show cause why his permit should not be revoked, shall conduct a hearing and thereafter, if warranted, may revoke or suspend any one (1) or more permits held by such person. The notice shall be served in the same manner as notice of assessment is served under Section 3.80.444 of this Code. The Chief of Police shall not issue a new permit after the revocation of a permit unless he is satisfied that the applicant will thereafter comply with all provisions of this Chapter and the rules and regulations adopted thereunder and all other applicable provisions of law, and until the Chief of Police collects a fee in an amount sufficient to recover the actual costs of processing as set by resolution.

B. The Chief of Police will provide the permittee with written notice of the revocation by certified mail addressed to the street address of the massage establishment.

C. Any person who engages in any business after the permit issued therefor has been suspended or revoked, and before such suspended permit has been reinstated or a new permit issued, shall be guilty of a misdemeanor.

As I said originally, although jail is a possibility for an offense such as this because the statute allows for it, the likelihood that you will face any jail time is just about zero unless you go all the way to trial on this matter and lose it. You're going to be able to pay a fine and your worst case scenario would be the loss of your license and having to face misdemeanor probation. However a misdemeanor on your record and the consequences to your profession could be serious for you even though you won't have to serve a day in jail. So make sure you have a lawyer with you when you go to court, who can try to get these charges reduced to an infraction so that your massage license is not jeopardized.

Best of luck to you.

Related Criminal Law Questions